The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Oct 31st, 2020, 11:43am

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)
   I've forgotten which form....
« Previous topic | Next topic »
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: I've forgotten which form....  (Read 1196 times)
warrendekker
Newbie
*




   


Posts: 30
I've forgotten which form....
« on: Dec 12th, 2005, 12:35pm »
Quote Quote Modify Modify


A year or so ago, I read of a USPTO program, which allowed an inventor to place his/her invention on file with the USPTO, with no intention of the inventor, or anyone else, of obtaining a patent on the idea/invention.  It was, more-or-less, a USPTO program for inventors to place their inventions into the public domain.  
 
I had, at one time, seen the USPTO forms for this program, but I can no longer find them at the USPTO web site.  Can anyone point me in the right direction?
 
Thanks,
 
Warren
 
IP Logged
JimIvey
Moderator
Senior Member
*****




  jamesdivey  
WWW

Posts: 2584
Re: I've forgotten which form....
« Reply #1 on: Dec 12th, 2005, 12:59pm »
Quote Quote Modify Modify

There are two programs that come to mind.  One is the Disclosure Document program.  It's inexpensive but doesn't result in publication.  Essentially, you file papers with the PTO and they hold on to them for you and authenticate date of receipt of the papers if necessary.  It's the proper way to mail your idea to yourself to prove conception date.  Like I said, it doesn't result in publication, and -- without following up with a real patent application -- it doesn't result in enforceable patent rights.
 
I think what you're really thinking of is the Statutory Invention Registration (SIR) program.  What people used to do (prior to publication of applications became available) was convert their application to an SIR when essentially giving up in the PTO and trying to leave a defensive publication (a publication preventing others from getting a patent).  The problem is that the fees are steep (not sure why).
 
The cheapest way for defensive publication through the PTO is the file a real patent application (not a provisional) and allow the case to be published at 18 months.  Then, just don't respond to any correspondence from the PTO.  The application will eventually become abandoned but will have been published.  
 
A cheaper way is to simply publish it yourself on the web.  Will it necessarily turn up in an examiner's search when evaluating another's application?  No, it might not turn up.  But it's still effective protection from any subsequent invention by another that results in a patent.  
 
It would help to get your site into the wayback machine for date authentication purposes (and/or keep a date-stamped, witness-signed hardcopy of your site on file).  I have one of those around here for my old servicemark tag-line: "Turning caffeine into patents since way back in the 1900s."  Of course, if I ever get challenged on that, I'll have to find it....  Wink  Please keep yours where you can find it.
 
Regards.
IP Logged

--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Isaac
Senior Member
****




   


Posts: 3472
Re: I've forgotten which form....
« Reply #2 on: Dec 12th, 2005, 1:08pm »
Quote Quote Modify Modify

The closest thing I'm aware of to what you describe is a Statutory Invention Registration (SIR).  I don't think they are really cost effective.   SIRs start out life as patent applications.   At the applicant's request the application can be converted into a SIR and evaluated only for written description requirements (35 USC 112) but not for novelty or non obviousness.
 
The only advantage a SIR would seem to have over other likely cheaper meanns of publishing your invention is that a SIR would go into the USPTO patent & publication database where the examiner would be highly likely to find it.
 
IP Logged

Isaac
GRS Research
Newbie
*




   
WWW

Posts: 16
Re: I've forgotten which form....
« Reply #3 on: Dec 12th, 2005, 1:36pm »
Quote Quote Modify Modify

Hi W,
 
Depending on your goal, Jim's idea of publishing on the net may be the best.  You could do that in a number of ways;  
 
1) Register a domain and post the information for yourself, some expense involved.
2) Post to forums or newsgroups related to your invention, no cost at all.
3) Post to "idea banks" like Half Bakery (halfbakery.com) or Should Exist (shouldexist.org).  again, no cost.  These are actually sites that I've used on several invalidity search projects.  It's surprising sometimes what information people disclose.
IP Logged

Norm Gilman
Gilman Research Services, LLC
www.gilmanresearch.com
warrendekker
Newbie
*




   


Posts: 30
Re: I've forgotten which form....
« Reply #4 on: Dec 12th, 2005, 6:30pm »
Quote Quote Modify Modify

Thanks to all who replied.  I also am a big fan of the Wayback Machine.
 
My memory was inaccurate.  I was indeed thinking of something like the SIR program, but did not recall it being so expensive.    
 
Thanks again,
 
Warren
 
P.S.  Anyone want to take a stab at my question over in the Trademarks forum?
 
IP Logged
Pages: 1 2  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