The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Oct 23rd, 2020, 1:22am

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
I have an Invention ... Now What?
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Is it worth to publish ideas before filing?
« Previous topic | Next topic »
Pages: 1 2 3 4  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Is it worth to publish ideas before filing?  (Read 3256 times)
saied
Guest
Re: Is it worth to publish ideas before filing?
« Reply #15 on: Jun 24th, 2005, 4:37am »
Quote Quote Modify Modify Remove Remove

sir
 
I have disclosed my invention last year July 2, 2005 in public. I understand that i have to file the application in US before one year. But with the limited time available, can i file the same in my native country and using this priority can i show that i have complied with the one year deadline. Is it possible. Please advise.
 
regards
 
saied
IP Logged
JimIvey
Moderator
Senior Member
*****




  jamesdivey  
WWW

Posts: 2584
Re: Is it worth to publish ideas before filing?
« Reply #16 on: Jun 28th, 2005, 1:38pm »
Quote Quote Modify Modify

It's hard to say without knowing your native country.  The e-mail address you gave is a yahoo.com e-mail address, so I can't readily deduce your country from the information given.
 
If your country is other than Canada or Argentina, you most likely cannot maintain a patent application in your country -- aside from the US, those are the only countries I'm aware of that don't require absolute novelty, filing before the first public disclosure.
 
If your country adheres to the Paris Convention (or gives similar reciprocal rights to the US ala Taiwan), you might be able to do what you suggest, but your native application will probably not result in enforceable rights.  You should review what you have to sign (analogous to the US declaration requirement) to verify that you won't be committing perjury by signing it.
 
The most direct (and probably most economical) way to get US patent protection on that idea is to file directly in the US as soon as possible.  However, I honestly don't know where you're going to find help in getting that on file in just a few days.  I've seen an application go from initial disclosure to filed in only 12 hours (initial disclosure at noon, filed by midnight), but I was much younger then, we had a large word processing department on staff at the firm, and the client was very lucky we were available.
 
Good luck.
IP Logged

--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
saied
Guest
Re: Is it worth to publish ideas before filing?
« Reply #17 on: Jun 29th, 2005, 1:31am »
Quote Quote Modify Modify Remove Remove

Thanks for your information.  
 
I am from India. I need to take permission from Indian Patent Office before filing in foreign countries. In other way i can file an application in India and wait for six months before i file in foreign countries (no need for permission). But due to the limited time available, i dont have an option of taking permission from Indian Patent office. I wont mind if my application in India ( suppose i go for first filing in India) abandons. i wanted to know whether i can file a provisional/complete in india and claim indian priority in US, thereby claiming that we have complied with the 12 month deadline.
 
regards
saied
IP Logged
JimIvey
Moderator
Senior Member
*****




  jamesdivey  
WWW

Posts: 2584
Re: Is it worth to publish ideas before filing?
« Reply #18 on: Jun 29th, 2005, 11:59am »
Quote Quote Modify Modify

Re permission to file outside India:  That's common.  In the US, it's called a "foreign filing license."  In the US, there are procedures for expediting that process -- I understand you can get the license in a few days, maybe even the same day.  People like to file patent applications at the last minute, so there are procedures in place to facilitate that -- the expedited foreign filing license is one of those.
 
Re claiming priority from an Indian patent application:  yes, you can do that.
 
Re filing in India first:  From what I understand, India is an absolute novelty country.  So, you are most likely not entitled to an Indian patent.  If the application process requires that you swear that you believe you are entitled to an Indian patent, that may be a impediment.  Odds are that nobody will follow up with that, and I suspect you can abandon your Indian application before it ever becomes an issue.  Talk to an Indian patent attorney/agent to check up on all of this.
 
I hope that helps.
IP Logged

--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Pages: 1 2 3 4  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright 2000-2004 Yet another Bulletin Board