What NOT To Do Before You File

Introduction This is an update of my previously published WARNING.  If you have made an innovation, you don’t want to lose the right to ownership of your invention and the opportunity to exploit it for possible income. The easiest way to lose your rights is to make a public disclosure of the innovation. Public disclosure…

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PROVISIONAL PATENT APPLICATIONS

Introduction Provisional patent applications can be of great benefit in protecting innovation. They must be used, however, with a full understanding of the limited protection provided. Discussion A provisional application is a patent application. It is a type of a utility patent application. It may be thought of as a temporary application good for only…

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DIY Provisional Applications

Introduction I talk to many start-up entrepreneurs regarding protecting their IP.   Typically they do not have a lot of time or money to seek patent protection.  However Congress created the provisional application for patent procedure for the benefit of just that group of entrepreneurs. Although I do not recommend filing your own provisional application without assistance of a…

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MICRO-ENTITY DISCOUNTED FEES

Introduction The America Invents Act of 2012 is best known for establishing “the First Inventor to File” system.  However it also created or defined “Micro-Entities”.  Patent filing fees for micro-entities are discounted.  The discount is  75 percent of the fees paid by non small entities, i.e., entities have more than 500 employees.  Unfortunately the definition…

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Expediting Patent Examination

Introduction I typically estimate that the patent examination requires 2 or 3 years from filing to allowance of a patent.  However the duration of patent prosecution is often longer for applications pertaining to business methods, e-commerce and document processing. There are procedures to expedite or accelerate patent examination. The USPTO provides two options intended to expedite…

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AMERICA INVENTS ACT PART II

One of the new provisions of the America Invents Act is the new category of applicants termed “micro-entities”.  The principal advantage of meeting the classification of a micro entity is that the USPTO fees are discounted 75%.  The operation of the micro-entities provision is effective immediately (unlike many of the provisions of America Invents Act…

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