INTRODUCTION: Clients have from time to time inquired about international patents. However there is no such thing. Patents are issued and enforced by individual countries. There is, however, an international patent application. Such an application is filed through the regulations of the Patent Cooperation Treaty (PCT). Approximately 150 countries, including the US, are members…
publication of application
Stolen Invention CONCLUSION
Please read with my posts Stolen Invention! and Stolen Invention! UPDATE
Stolen Invention!
Introduction: Derivation Proceeding: You conceive of a new invention. You disclose it to a trusted party. Perhaps the trusted party helped you on the invention. You belatedly find out the trusted third party filed a patent application on the invention without listing you as an inventor. A stolen invention. What do you do? …
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…
Priority Review: Move to Front of Line
INTRODUCTION: The wait time between filing you patent application and the first office action can be frustratingly long. Priority Review Track One. See my earlier article for Expedited Examination. The duration depends upon the Group Art Unit (GAU) to which your application has been assigned. You may have limited ability to influence the GAU to which your application is…
Patents, Trademarks & Copyrights
Introduction The following is a brief summary of each tool for protecting intellectual property (IP). The tools discussed are Patents, Trademarks & Copyrights. Patents Patents protect an idea (invention) that is embodied in a device or method. This is different from Copyright and Trademarks. The vast majority of patents are “utility patents”. There are also plant…
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…
BEHIND THE FIRST TO FILE RULES
Introduction As you are probably aware, the USPTO rules changed March 16, 2013 to make the first inventor to file eligible to obtain a patent. (Prior to this change in law, patents were awarded to the first person to invent, regardless of whether another (later inventor) first filed an application.) Implementation of this “first to…
CHALLENGING JUNK PATENTS II
Introduction Continuing with the topic of the USPTO issuing patents for items that are not truly patentable “developments”, the America Invents Act (AIA) introduced a significant change allowing third party submission of information to an examiner challenging the potential issuance of Junk Patents . See my article Challenging Junk Patents Discussion You may become aware…
Notice to Competitor of Application
Introduction: Unless you expressly opt out, your non-provisional application will be published 18 months after the application filing date. Note if your non-provisional application claims priority to a prior provisional application, the 18 months are calculated from the filing date of the provisional application. Thus, your application can be published as soon as 6 months after filing….