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I have an Invention ... Now What?
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   provisional patents and a large 'system'
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   Author  Topic: provisional patents and a large 'system'  (Read 593 times)
nate mayweather
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provisional patents and a large 'system'
« on: Jan 25th, 2007, 2:28pm »
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i have designed a software system that i want to get patented
 
after looking at the software extensively and breaking it down, i think there are 3 seperate subsystems that should each apply for their own patent.
 
as such, i plan on filing 3 patents.
 
however, i can not afford 3 patents right now.  nor can i afford 1 patent, as my funds are tied up in a 2 other patents.  so i plan on submitting provisional patents until i can afford the legal expenses of a real patent.
 
and so i ask this:
the inventions are important enough for me to seek legal help in filing the provisional applications -- which means it will take about a month of paperwork and dealing with lawyers.  my current ip lawyer is not suitable for this kind of invention, so i need to look elsewhere - he has provided me with some references.
 
in the meantime, i am debating filing provisionals myself - sending in the current white papers until i can get a better version of the specification in.  the opporunity of the preferred filing date would help a lot with the current stress i'm under from inventing.
 
so i ask this: is it possible to file a provisional patent for that covers a system of ( A, B, C ) and then file real patent applications for A, B , C independantly that can each claim a priority filing date of the same provisional ?
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Isaac
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Re: provisional patents and a large 'system'
« Reply #1 on: Jan 25th, 2007, 2:41pm »
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on Jan 25th, 2007, 2:28pm, nate mayweather wrote:
so i ask this: is it possible to file a provisional patent for that covers a system of ( A, B, C ) and then file real patent applications for A, B , C independantly that can each claim a priority filing date of the same provisional ?

 
I'm going to avoid pontificating on the wisdom of taking this approach except to say that there is no such thing as a provisional patent.
 
Multiple utility applications can claim priority to the same provisional application.
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Isaac
JSonnabend
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Re: provisional patents and a large 'system'
« Reply #2 on: Jan 30th, 2007, 4:17pm »
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Isaac is correct.  What's more, a provisional patent is only as good as the disclosure.  As a corollary, a cheap provisional application is likely worth less than you paid for it.
 
My advice would be to find a qualified attorney (there are several here, myself included) to draft a complete disclosure covering everything, with or without claims, and you can file formal apps/continuations as time and budget permits.
 
- Jeff
« Last Edit: Jan 30th, 2007, 4:18pm by JSonnabend » IP Logged

SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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