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It also helps the general public in the sense that the product and information gets to market in a timely fashion with recognition to its origin and originator! In the end it is all about making the most of your idea, market and the exclusivity rights that go with it, for a period of time, guaranteed by law, giving youre the advantage and competitive edge above all other. For any business owner keeping the costs low is what it is all about. Market research, talking to experts, others, surveys and more will pay and serve you well in the long run as you go about collecting data and input for your presentation and marketing pitch, define and refine what your idea actually is, offers and could mean to you, others, investors and more. 19.
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Some wonder and contemplate whether these protective measures are actually more about greed, money and profits than the greater good. You will need to have a dual focus on BOTH process and outcome for optimal results. It drives our progress in society and keeps us improving and moving forward. We would argue, in order for it to be new, you will either have to be the first person ever to think it up, OR be the first to market, to capitalize on it!
Featuring Process Patents
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.