Does anyone know anything or anyone in coal mining?

[RGUN]

A couple misconceptions in this thread. 1 - Mining companies (at least the 'responsible' big public ones that I work with) and VERY safety aware, and spend millions in the name of increasing safety, WITHOUT government regulation forcing them.

Having said that, as far as getting them to adopt new technology.... incredibly difficult. Unless the equipment is relatively cheap, they are absolutely stuck in the stone age as far as adopting new technology.

 

[fuzzybabybunny]

This is a significant issue for those people aware of U.S. Patent laws. And your previous statements disagreed with themselves. Without a provisional patent for even that minimal protection, you and your friend should not be talking to anybody for selling or public awareness purposes.

The U.S. is lenient with a one-year rule, meaning an invention publicly disclosed within the past year may be applied for patent protection in the U.S. no longer than one year after public disclosure.


EDIT:
If that Chinese patent has been published more than one year ago, then your friend may not be able to apply here in the U.S. because it may be too late. (I say may since I am not qualified to provide such legal advice.)

If the Chinese coal mining companies have been aware of this product for longer than a year, it may be too late to apply here in the U.S.

Your friend more than likely already has at least a provisional patent application here in the U.S.. At least I hope so....

I'm not talking to people about it - yet. I told my friend that he needs to get a provisional patent as the very first step before we can disclose anything to anyone. I just wanted to start building up a list of possible contacts and make some feeler phone calls and emails. See what the safety landscape is like nowadays and if there are any similar products already being used. This wouldn't require divulging any details of our idea. Just some careful digging (no pun intended).

I didn't know about the time limit to apply for a US patent if the Chinese patent has been in effect for over 1yr. I'll let me friend know right away.

When I was consulting a lawyer for a patent of mine a couple years ago I was given the option to apply for a global patent, or at least patents in a number of different countries, in the process of getting my US patent. I hope now that my friend took that option.

 

[fuzzybabybunny]

You're the one that creates these threads without providing updates leaving everyone guessing if you're really this naive or a troll. That's why you don't always get serious answers to your serious threads. The only one to blame is yourself.

Yeah, go fuck yourself.

 

[chusteczka]

It would be nice for people to back off from his personal issues. He has proven himself to be of sound mind and driven for achievement, just needing advice from time to time as most of us do.

 

[chusteczka]

I'm not talking to people about it - yet. I told my friend that he needs to get a provisional patent as the very first step before we can disclose anything to anyone. I just wanted to start building up a list of possible contacts and make some feeler phone calls and emails. See what the safety landscape is like nowadays and if there are any similar products already being used. This wouldn't require divulging any details of our idea. Just some careful digging (no pun intended).

I didn't know about the time limit to apply for a US patent if the Chinese patent has been in effect for over 1yr. I'll let me friend know right away.

When I was consulting a lawyer for a patent of mine a couple years ago I was given the option to apply for a global patent, or at least patents in a number of different countries, in the process of getting my US patent. I hope now that my friend took that option.

Companies are not interested unless you have at least a prototype to show them. You would more than likely waste their time by asking questions and not providing details. The resource you want is a mine engineer or worker, friendly enough to talk with you.

Also, it may help to first search for prior art (previous inventions). The general concepts of the idea may be searched for in either of these two patent search platforms:

• USPTO Patent Search
• Google Patent Search

 

[RadiclDreamer]

My dad was a miner for 20+ years and I live in WV, PM me if you want to ask questions

 

[RadiclDreamer]

A couple misconceptions in this thread. 1 - Mining companies (at least the 'responsible' big public ones that I work with) and VERY safety aware, and spend millions in the name of increasing safety, WITHOUT government regulation forcing them.

Having said that, as far as getting them to adopt new technology.... incredibly difficult. Unless the equipment is relatively cheap, they are absolutely stuck in the stone age as far as adopting new technology.

This is such bullshit. My dad worked for a union (read SAFER) mine for over 20 years. The companies balance it out, they weight risk vs production. If it costs them a little bit to reduce risk in a big way they are all over it. If it costs very much they say screw it. Companies care only about their bottom line.

As my dad always said, on the surface its always "safety first boys" but as soon as you get down under ground its production, production, production.

 

[SlitheryDee]

They'd only use it if it can make them money or if the government forces them.

 

[RGUN]

This is such bullshit. My dad worked for a union (read SAFER) mine for over 20 years. The companies balance it out, they weight risk vs production. If it costs them a little bit to reduce risk in a big way they are all over it. If it costs very much they say screw it. Companies care only about their bottom line.

As my dad always said, on the surface its always "safety first boys" but as soon as you get down under ground its production, production, production.

I can only tell you what I am seeing in the industry today. And the global companies are spending obscene amounts of money on excessive safety precautions. I dont know where your information is coming from, but there are significant resources being put into educating workers about safety, and trying to get workers to take extra time to ensure that they are doing things safely.

 

[ViviTheMage]

I know a few companies, but I don't know the right people to contact about something like this...

 

[Dirigible]

You may want to have your friend spend some $$ on a real patent attorney ASAP. Your statements point out you have no real understanding of how patent law works. Depending what actions they have taken and when, some of their potential IP rights may be about to go kablooey or may already have gone kablooey.

For example, you stated that they have a Chinese patent on this invention. Depending on when that happened (and if it really happened, or an application was filed but not issued or some other thing) their rights may have already disappeared or the clock is ticking. Please read 35 USC 102 very carefully and/or hire a patent attorney to help. http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_102.htm#usc35s102

As another example, you stated you advised them to file a provisional application. If they want to (and still can - who knows if they can) use the filing date of the Chinese patent as a priority date for a US patent application under 35 USC 119, they cannot do that with with a provisional application. See 35 USC 111(b)(7). http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_111.htm#usc35s111 Claiming priority or not has impact on their rights and is not something to decide upon lightly.



Again: It may be wise to have them talk to a real patent attorney ASAP.



This is not legal advice. I am not your lawyer or your friend's lawyer. This is merely a suggestion to have you talk to a lawyer to actually get some legal advice from that lawyer.



Edit: Oh, looks like chusteczka pointed you in the right direction already.

 

[chusteczka]

RGUN and RadiclDreamer, you both appear to be saying the same thing, just in different ways.

...
Edit: Oh, looks like chusteczka pointed you in the right direction already.

Your advice was more precise and emphasized the "kablooey" part whereas I merely implied it. Also, since I do not have experience with foreign patents, your advice concerning the possible inability of obtaining a provisional application is astute and useful. :thumbsup:

 

[BoberFett]

I for one know that after inventing a revolutionary product with worldwide appeal to mining operations, the first place I'd go for advice is ATOT. After all, maybe someone's grandfather worked in a coal mine and has the CEO on speed-dial...

 

[fuzzybabybunny]

You may want to have your friend spend some $$ on a real patent attorney ASAP. Your statements point out you have no real understanding of how patent law works. Depending what actions they have taken and when, some of their potential IP rights may be about to go kablooey or may already have gone kablooey.

For example, you stated that they have a Chinese patent on this invention. Depending on when that happened (and if it really happened, or an application was filed but not issued or some other thing) their rights may have already disappeared or the clock is ticking. Please read 35 USC 102 very carefully and/or hire a patent attorney to help. http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_102.htm#usc35s102

As another example, you stated you advised them to file a provisional application. If they want to (and still can - who knows if they can) use the filing date of the Chinese patent as a priority date for a US patent application under 35 USC 119, they cannot do that with with a provisional application. See 35 USC 111(b)(7). http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_111.htm#usc35s111 Claiming priority or not has impact on their rights and is not something to decide upon lightly.



Again: It may be wise to have them talk to a real patent attorney ASAP.



This is not legal advice. I am not your lawyer or your friend's lawyer. This is merely a suggestion to have you talk to a lawyer to actually get some legal advice from that lawyer.



Edit: Oh, looks like chusteczka pointed you in the right direction already.

I've already sent her on her way to a patent lawyer I know. He does more high tech stuff, but hopefully he can point her to another lawyer who can draft up more mechanical invention patents.

With that said, my thread still stands. I'm still looking for contacts in the mining industry.