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luggage pushcarts
Defensive publication A publication intended to prevent the grant of a patent to a competitor by placing information in the public domain. 19. Some patents can easily be declared by the court to be invalid, so doing your homework in every region that you file in, will also go a long way to protect your BEST iterest and ensure the widest, broadest and deepest coverage around.
chisum on patents
These days, working smarter, NOT harder, seems to be the way to go. Keep track of the development process, first public disclosure. For a product to have a fighting chance, it requires skills and expertise from product specialists and process experts familiar with requirements and expectations. If you are not comfortable to be doing this research yourself, there are numerous specialist and niche providers out there to assist you with this part of the process (see reference and links at the end of this text for some useful parties) Let us dive in together a little deeper on how to make your million dollar idea a reality utilizing these different processes at your disposal. There are some great concepts, descriptions, definitions and even legalese found on the US Government website for trade and patents at http://www.
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Inventors also have the option of filing a provisional application for patent which was designed to provide a lower cost first patent filing in the United States and to give U.S. applicants parity with foreign applicants.
What makes these provisional filings slightly different, is the fact that
? Claims and oath or declaration are NOT required for a provisional application.
? They provide the means to establish an early effective filing date in a patent application
? They permit the term Patent Pending to be applied in connection with the invention.
**NOTE: Provisional applications may not be filed for design inventions.
FILING DATE: the date on which a written description of the invention, drawings if necessary, and the name of the inventor(s) are received in the patent office.
COMPLETE AND ACCURATE: To be complete, a provisional application must also include the filing fee, and a cover sheet specifying that the application is a provisional application for patent.
VALIDITY AND PROCESS: It is valid for a period of 12 months, in which period a non-provisional application for patent has to be filed as described above.
Why use it? The earlier filing date protects your ownership and first to idea and market status!
Other requirements include:
? Provisional applications are not examined on their merits.
? A provisional application will become abandoned by the operation of law twelve months from its filing date.
? The twelve month period for a provisional application is not counted toward the 20 year term of a patent granted on a subsequently filed non-provisional application which relies on the filing date of the provisional application.
? A surcharge is required for filing the basic filing fee or the cover sheet on a date later than the filing of the provisional application.
A brochure on Provisional Application for Patent is available by calling the PTO General Information Services at 1-800-786-9199 or 703-308-4357 or by accessing PTO's Web site at http://www.uspto.gov/web/offices/pac/provapp.htm.