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I have an Invention ... Now What?
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   Business method...time frame
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slowsupratt
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Business method...time frame
« on: May 17th, 2006, 5:20pm »
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Alright, well I will be filling for my business method patent shortly. The questions is this, when will I be able to start my business safely?  
 
I know that a patent takes 2-3 years to be approved. I was wondering how I can start my business while my patent is pending. The patent will entitle me to do the business that I am trying to start. There is only one main competitor so if I don't prevent them from doing business the way I have figured out then they could copy me and possibly put me out of business.  
 
I don't so much mind competitor uses my idea during the "pending" stage but once it get approves will I be able to stop them? Also, approx how long does it take to receive a patent pending?
 
Thanks in advance for your help.
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Wolfcastle
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Re: Business method...time frame
« Reply #1 on: May 17th, 2006, 5:53pm »
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Quote:
The patent will entitle me to do the business that I am trying to start.
A patent is a negative right. It does not entitle you to do anything, it lets you prevent others from doing something.
 
Quote:
Also, approx how long does it take to receive a patent pending?
 
 
35 U.S.C. 154 (d)(1) states:  
Quote:
(1) IN GENERAL.- In addition to other rights provided by this section, a patent shall include the right to obtain a reasonable royalty from any person who, during the period beginning on the date of publication of the application for such patent under section 122(b),
Applications have an 18 month publication date.
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JimIvey
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Re: Business method...time frame
« Reply #2 on: May 17th, 2006, 6:59pm »
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on May 17th, 2006, 5:20pm, slowsupratt wrote:
The questions is this, when will I be able to start my business safely?

I'm not sure what you mean here.  If you mean when can you openly market/sell your invention without jeopardizing your patent rights, the answer is immediately upon filing your application (or a year before then if you only care about protection in the US).  If you mean when can you start your business and not worry about infringing someone else's patent, the answer is "never."  You will always have to worry about that.
 
on May 17th, 2006, 5:20pm, slowsupratt wrote:
I know that a patent takes 2-3 years to be approved.

I recently heard the wait time is closer to 10 years for business methods, and I think that's just for the first Office Action.  If that's true, ... well, I just don't know what to say about that -- obviously nothing that the virtual nanny here wouldn't bleep out of my post.
 
on May 17th, 2006, 5:20pm, slowsupratt wrote:
Also, approx how long does it take to receive a patent pending?

You can say "patenting pending" on the day you file your first patent application.  In fact, that's about the only thing you can do until your patent issues.
 
Regards.
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James D. Ivey
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slowsupratt
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Re: Business method...time frame
« Reply #3 on: May 18th, 2006, 1:14am »
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Thanks for your replies. What i want to do is prevent someone from copying my business method, hence filing a patent. So after i file the patent with a patent attourney i can claim "patent pending"? I see on items, such as lids on starbuck, were it says patent pending then lists the patent number. So does this allow other people to copy their idea but once the patent office actually issue the patent that they can legally prevent the business from still coying the idea? I just want to prevent my competitior from using my "business method". Hope that makes it a little more clear.
« Last Edit: May 18th, 2006, 1:15am by slowsupratt » IP Logged
Isaac
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Re: Business method...time frame
« Reply #4 on: May 18th, 2006, 6:28am »
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If someone practices your invention during the time the patent is pending you have no legal right to make them stop using your invention prior to the issue of your patent.   At best you can put the copier on actual notice of your application after the application is published and attempt to collect a royalty from the them after your patent issues.  If your application never issues, no royalty.
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Isaac
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