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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WHAT IS A PATENT?

Introduction What is a patent?  Simply stated, a patent is the exclusive right to prevent others from making, using or selling the invention or things made using the invention. Surprising?  See the following discussion. Discussion Technically, a patent does NOT give you the right to make use or sell the products of your invention since…

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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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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…

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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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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…

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Patenting Medical Diagnostic Procedures

INTRODUCTION There is a string of cases holding patents invalid on the basis that the patent is merely claiming an aspect of natural law.  This involves patents pertaining to medical diagnostics. Patents for medical diagnostic procedures may involve a dependency upon reactions or results that are a function of natural law (35 U.S.C. Section 101).  For example,…

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Monetizing Your Idea

Introduction Good ideas can have great value.  However monetizing your idea by transforming into property that can be sold or licensed is problematic.  It will be appreciated that sales and licensing of patents are the common ways to document valuable ideas that can be transform into cash.  How can an idea be converted into a patent?  What is required…

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WHAT NOT TO DO BEFORE YOU FILE

Introduction In many circumstances, once the innovative horse has galloped out (or been lured out) of the barn, it is impossible to lead it back. Note also, that even your own offer to let the horse out of the barn or offer to sell the horse, sight unseen, to a potential buyer, can jeopardize patent…

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