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JGM
JGM, Solicitor
Category: Law
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Experience:  30 years as a practising solicitor.
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Intellectual property rights, In 2007 I conceived a product

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Intellectual property rights,

In 2007 I conceived a product idea.

At the time I had dealings over past few years, with a major Patent Attorney company in London who had registered my trade mark etc. The idea I had conceived was nothing to do with my trade mark or work.

My usual trade mark patent attorney (now retired) had emailed me stating, as my idea was related to mobile phone technology, I best see her colleague in the office, who was an expert in the mobile phone technology. A meeting was arranged. At the meeting I was met by another patent attorney, who advised me that his "expert in the field" colleague was very busy and had asked him to meet me and take details.

I was little uncomfortable at first. The patent attorney stated, I had to tell him about the idea, concept etc. and trust him as a professional. Having described the idea - stupidly very enthusiastically. The attorney interrupted, " you don't need to convince me, I am convinced it is a very very good idea. It is going to be very very costly then chances are if we do research somebody will pick it up and copy, unless you put down several thousand pounds first to register. In short he discouraged me completely.

Now some six years later I find the patent attorney I met, now is the owner director of a company producing and marketing the product based on my idea!!!

Last week, in first instance, I telephoned my patent attorneys office and and spoke to the original "an expert in the mobile phone technology" I was supposed to have met. He straight away denied ever meeting me. I reminded him," that is true you never met me but you sent your colleague in his twenties or early thirties, to meet me and take notes". Before I could finish my sentence," he straight away denied that any such colleague ever worked for the company. He was very clearly disturbed, taken by surprise by my telephone call and kept saying he was getting late for a meeting.

Finally he stated,"you have to tell me what you want me to do; I have to go."
I took that as an admission of immoral wrong doing on his part.

I am an ordinary person now retired on guaranteed pension credit. I am feeling very bitter with your profession and I am not sure how to handle this dishonesty. I admit; it was my stupidity to rely on professional trust in the first instance. So that I do not repeat my stupidity of trusting such character again I need honest professional assistance.

Kind regards,

Raj Durve.
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Please note that the profession of lawyer is different from the profession of patent attorney but the rules about conflict of interest are similar and I think this person you met has acted in a conflict situation. His advice was correct insofar as you would have been asked to pay quite a bit of money to proceed with the patent and you did not elect to do so.

However in my opinion it was wrong for him to then exploit your idea which he only could have got because of the meeting with you.

My advice is that you complain to the professional body for patent attorneys which you can find here:

http://ipreg.org.uk/public/about-us/

You may also want to consider an action for damages for professional misconduct. The defendant would be the firm.

Happy to discuss further.

Please leave a positive response so that I am credited for my time.
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