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Topic: How soon after filing can a product be sold? (Read 1480 times) |
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Jonathan
Full Member
Posts: 611
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Re: How soon after filing can a product be sold?
« Reply #5 on: Aug 23rd, 2006, 11:14am » |
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The PTO recently started to offer an accelerated examination option. You will be required to do a prior art search, comment on what you found and further state how your invention is different from those found references.
There are some potential pitfalls that can occur that can perhaps later affect any attempts to enforce your eventual patent.
However, getting an early indication on the patentability of your invention may outweigh those potential pitfalls.
Relevant link:
http://www.uspto.gov/web/offices/com/speeches/06-37.htm
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Bill Richards
Full Member
 
Posts: 758
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Re: How soon after filing can a product be sold?
« Reply #6 on: Aug 23rd, 2006, 12:36pm » |
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If you want to claim priority to the PPA (apparently filed last October), you'll need to file foreign before the one-year PPA anniversary this October. As for the first office action from the USPTO, I'd say your chances are nil unless you take the expedited route suggested by Jonathan. Even then, I doubt you'll get an OA in time.
Even if you get an OA after the PTO filing, I believe you can amend your claims before they're examined, but I'm not sure about that. I don't do that much foreign practice any more.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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JimIvey
Moderator
Senior Member
 
Posts: 2584
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Re: How soon after filing can a product be sold?
« Reply #7 on: Aug 23rd, 2006, 12:59pm » |
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Here's my FAQ (a bit dated, but still more or less accurate) about provisional applications -- it includes a discussion of foreign priority (replicating your application in other countries without running afoul of public disclosures and such):
http://iveylaw.com/index.php?option=faq&task=viewfaq&artid=4& ;Itemid=5
I hope it explains things adequately.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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