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I have an Invention ... Now What?
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   what is the cheapest avenue for a patent?
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   Author  Topic: what is the cheapest avenue for a patent?  (Read 12635 times)
MrSnuggles
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Re: what is the cheapest avenue for a patent?
« Reply #10 on: Aug 11th, 2007, 1:43am »
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on Aug 9th, 2007, 11:31pm, Patent Prosecutor wrote:
Second, even if the provisional doesn’t satisfy the statutory requirements, you are only losing the priority claim.  You can still file a non-provisional application and swear behind intervening prior art.

 
Let's be clear about this, you can swear behind 102(a) art, but you cannot swear behind 102(b) art.
 
Don't take losing a claim of priority too lightly.
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Bill Richards
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Re: what is the cheapest avenue for a patent?
« Reply #11 on: Aug 11th, 2007, 1:29pm »
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on Aug 9th, 2007, 11:31pm, Patent Prosecutor wrote:
Second, even if the provisional doesn’t satisfy the statutory requirements, you are only losing the priority claim.  You can still file a non-provisional application and swear behind intervening prior art.

Another problem is that to have an invention, one must have conception and reduction to practice.  Conception requires the inventor be in possession of his invention.  If the provisional is insufficient to even show that, perhaps the inventor is not in possession of the invention and may not be able to swear behind an intervening reference.
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William B. Richards, P.E.
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IP4me
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Re: what is the cheapest avenue for a patent?
« Reply #12 on: Aug 12th, 2007, 3:04pm »
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I don’t think anyone is saying that there aren’t any potential problems with having inventors file their own provisional applications.
 
The question is what should you advise an individual inventor who, like a significant percentage of inventors, doesn’t have the money to hire a registered practitioner and likely only has only a couple hundred dollars to protect his invention.
 
The answer, in my opinion, is file a provisional application with as much detail as possible and start saving the money required to hire a registered practitioner.
 
So the options are:
 
1) file a provisional application and start saving until you can afford a registered practitioner.
 
OR
 
2) don’t file a provisional because the odds of obtaining meaningful protection are “Somewhere between winning the lottery  and getting struck by lightning” and simply save up for a registered practitioner.
 
The answer is clearly #1 (as Patent Prosecutor stated).
 
Remember, hiring a registered practitioner takes money, and therefore time to save the money.  For an average person it could take 6 months to save $4K, plus anywhere from 2-5 weeks for the registered practitioner to prepare and file.  So 102(b) can still get you.  
 
At least with #1 you have a priority claim to lose.  #2 doesn’t even get you that!  
 
Obviously, hiring an experienced practitioner is the best, but many inventors simply can’t afford this option.
« Last Edit: Aug 12th, 2007, 3:06pm by IP4me » IP Logged

J. Watts
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Bill Richards
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Re: what is the cheapest avenue for a patent?
« Reply #13 on: Aug 12th, 2007, 7:39pm »
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I agree with John.  I would just like to emphasize the importance of the provisional application.  I believe too many inventors think they can throw together some drawings and some text and they're good to go.  It's a bit more complicated than that and one needs to be prepared to study the issues before putting the application together.  At a minimum, 35 USC 112 needs to be considered carefully.
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William B. Richards, P.E.
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JimIvey
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  jamesdivey  
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Re: what is the cheapest avenue for a patent?
« Reply #14 on: Aug 14th, 2007, 8:50am »
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on Aug 12th, 2007, 3:04pm, IP4me wrote:
ISo the options are:
 
1) file a provisional application and start saving until you can afford a registered practitioner.
 
OR
 
2) don’t file a provisional because the odds of obtaining meaningful protection are “Somewhere between winning the lottery  and getting struck by lightning” and simply save up for a registered practitioner.
 
The answer is clearly #1 (as Patent Prosecutor stated).

I see.  If I must get from Oakland to Alexandria and can't afford a plane ticket, I should stand on my deck and flap my arms really hard.  I'd respectfully submit that the answer certainly isn't "clear" and probably isn't even #1.
 
Provisional applications, to have any effect at all, must meet the same requirements of Section 112p1 as a real application.  Filing anything less is a waste of $100.  If a provisional application cuts corners that a real application wouldn't, it's generally useless and a waste of money.
 
Point 2:  While a patent is often essential, it's rarely (if ever) sufficient to make money from an idea (that's the goal, right?).  Oh, how I wish a patent was a little money machine!!  But it simply isn't.  It's usually step one in a long, arduous journey.  If you don't have (and can't get) the resources for a legitimate effort at solid protection, affording a good patent application is likely to be the least of your worries.
 
If your goal is to get a nifty piece of paper from the Patent Office, go ahead and file your own provisional.  If your goal is to make money from your idea, then the specifics of what comes out of the Patent Office and its entire history through the Office are very important.
 
Regards.
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