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I have an Invention ... Now What?
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   Is it worth to publish ideas before filing?
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   Author  Topic: Is it worth to publish ideas before filing?  (Read 3266 times)
mike117
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Is it worth to publish ideas before filing?
« on: May 19th, 2005, 5:58am »
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Hello, let's suppose we have published the ideas of our invention on IP.com or anywhere else, does it mean that we have two years (one year from the publication to the provisional application + one year of provisional application) until these expensive patent procedures? Thank you in advance.
Mike
P.S. Well, on the whole, to publish or not to publish?Smiley That is the.....
« Last Edit: May 20th, 2005, 9:47am by mike117 » IP Logged
vladislav_boutenko
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Re: Is it worth to publish ideas before filing?
« Reply #1 on: May 21st, 2005, 8:27am »
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The law stipulates that the inventor has one year after they published to file for patent. It is however unclear to me whether a provisional can be considered as filing for patent. So I guess the key question is whether the law accepts a provisional as filing... I would love to hear the opinions!  
 
Thanks,
 
VB
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Jonathan
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Re: Is it worth to publish ideas before filing?
« Reply #2 on: May 21st, 2005, 11:07am »
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In the U.S., filing a provisional patent application counts as an initial  step in filing for an eventual patent - a regular / utility application needs to be filed within 1 year and would have the benefit of the earlier provisional patent application filing date.  Whether that earlier date would later hold up is quite dependent on the quality of the provisional disclosure and has been discussed extensively on this website..
 
To get back to the OP's question - yes, your scenario works in theory. However and in the same theme as above, skimping on quality of the provisional / writing it on the cheaps can be potentially disastrous if the provisional does not meet all of the various statutorial requirements that a utility application is required to meet.
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eric stasik
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Re: Is it worth to publish ideas before filing?
« Reply #3 on: May 21st, 2005, 11:53am »
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mike117,
 
publishing the details of your invention before the filing of an application for patent kills your chances of obtaining a patent outside the US (i think Canada and Argentina? give a one-year grace period.)
 
file first, publish later.  
 
vladislav_boutenko, the EPO has published guidelines that say that a US provisional application is considered a priority filing under the Paris Convention. if you want to file a patent with the EPO from a US provisional application, you have one year from the filing date of the US provisional.  
 
cheers,
 
eric stasik
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eric stasik
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mike117
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Re: Is it worth to publish ideas before filing?
« Reply #4 on: May 22nd, 2005, 4:23am »
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Jonathan,
so, if we want to gain time (two years), e.g. for financial reasons, we have to consider our provisional disclosure (one year minus one minuteSmiley after our publication) as final and try to make it as full and high-quality as possible, otherwise someone can file our idea one year plus one minute after our publication and we lose everything. I hope I've understood your opinion correctly. Thank you very much! Still one question, does the US law consider internet publications as equal to printed ones? I mean particularly IP.com, peculiar "bank of ideas".
Many thanks again.
mike117
 
eric stasik,
We orient ourselves on USPTO so far but your point can become very important for us in the future, thanks!
mike117
« Last Edit: May 22nd, 2005, 4:25am by mike117 » IP Logged
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