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Roger, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have an invention idea that I am trying to develop.Does a

Customer Question

I have an invention idea that I am trying to develop.Does a consulting firm need a license to operate in helping to develop a invention idea?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

No, there isn't a legal requirement that a consultant have a license issued by the state or some agency.

Expert:  Roger replied 1 year ago.

Usually, a consultant is chosen because of credentials or proven/self-proclaimed knowledge of a subject area.

Expert:  Roger replied 1 year ago.

So, the fact that this person isn't a licensed consultant wouldn't be an actionable claim UNLESS she represented to you that she held some type of credentials that she actually didn't that case, she's likely committed fraud.

Customer: replied 1 year ago.
This person is a dog groomer.There was no agreement signed.When we got to small claims, she testified that the money I gave her was for consultations.We never had any consultations at all.I already had a licensed consulting firm helping me, why would I need her help also?
Expert:  Roger replied 1 year ago.

That's something you would have had to convince the judge of.....and if there's no proof in writing to describe what the money was for, then it's going to boil down to a swearing match between you and the other person.

Expert:  Roger replied 1 year ago.

If you appeal from small claims court, then you can have another shot at your case if it is heard "de novo", which basically means that you get a do-over.

Customer: replied 1 year ago.
The person we talked about said the money was for consultations.I already had a consulting firm in place. That firm tells me that they are regulated by the Federal Trade Commission.The money I paid was for a hair dryer only.In a text she ststed that she would be happy to return my money. We get to court and she changed her story.If she has a consulting firm so should have had me sign a non disclosure form before we began talking further, she did not.There was now patent search done.No paperwork was generated of any kind.She also claims that she had a manufacturer that might be interested in making my prototype.They should have filled out a non disclosure form also.
Expert:  Roger replied 1 year ago.

Hopefully, you'll be able to have a trial de-novo and raise these issues to the judge and receive a better outcome than the first trial produced.

Customer: replied 1 year ago.
The new trial is a civil trial. Are lawyers used in that type of court hearing?
Expert:  Roger replied 1 year ago.

Yes, this should be a normal court hearing......A civil case is ANYTHING that is not criminal. So, it should be a common procedure.

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