What NOT to do before you file

Introduction This is an update of my previously published post from January.  The key element is to avoid public disclosure of  your invention.  This article attempts to clarify what NOT to do before you file a provisional or non-provisional application for patent. Remember, once the innovative horse has galloped out (or been lured out) of…

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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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PATENT APPLICATION FLOW CHART

  Introduction The following is a simplified description on one possible chain of events that occur in the patenting process.  This is a hypothetical patent application flow chart.  See my article on “Behind the First to File Rules“.  Also review my article regarding “Patent Application Elements“. Pre-Filing Outline Document invention in writing, signed and dated…

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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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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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