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Topic: Business Process Patent (Read 15167 times) |
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JimIvey
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Posts: 2584
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Re: Business Process Patent
« Reply #5 on: Oct 25th, 2006, 5:12pm » |
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on Oct 25th, 2006, 3:14pm, IPL61003 wrote:
Would a provisional patent application provide the same rights protection, as the above-mentioned regular patent application does, for the one-year period prior to a follow-up regular patent application? |
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Only if written to meet the same legal standards applicable to real applications. Then, yes. Otherwise, no.
on Oct 25th, 2006, 3:14pm, IPL61003 wrote:| I have what I think is a novel and non-obvious e-commerce invention which I wish to patent and which I plan to use publicly very soon (within 30-60 days). The personal or business use of the invention will lead to at least partial, if not full, public disclosure. |
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If you only care about the US, you have the 12 months without filing anything. It's built into US patent law. The provisional application is unnecessary for that purpose.
on Oct 25th, 2006, 3:14pm, IPL61003 wrote:| I am interested in using a provisional patent application to get full protection of my invention for up to 12 months, during which I plan to publicly use the invention and also approach prospective funding sources and corporate licensees with the invention. |
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Okay. See above.
on Oct 25th, 2006, 3:14pm, IPL61003 wrote:| I intend to file provisionally first since I am not confident I've drafted the application well enough for a regular patent application, plus I need to defer costs and also gain a few months of much needed time which I am currently very short of. |
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Oops. No good. If your application is not done "well enough" to be a real application, it's not done "well enough" to provide the sort of protection you're looking for -- except that you have the protection even without the provisional, within the US at least.
on Oct 25th, 2006, 3:14pm, IPL61003 wrote:| Will a provisional patent application provide me the 12 months of rights protection, as effectively as a pending regular patent application does, assuming that shortly after filing the provisional patent application, as aforesaid I begin to use the invention publicly and conspicuously, approach potential licensees and interested funding sources, etc.? |
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Maybe. See above.
on Oct 25th, 2006, 3:14pm, IPL61003 wrote:| Given that many VC firms and big corporations are not eager to sign NDAs, would a NDA still be necessary after an invention's provisional patent application is filed? Will the NDA provide any significant, additional rights and benefits beyond those that an already filed provisional patent application is conferring on the inventor? |
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The short answer is, Yes, the NDA would provide additional benefits, especially if the provisional is inadequate and provides no benefits at all. During the pendency of your application (after filing but before issuance), you have no enforceable patent rights at all. An NDA would prevent the company from (i) using the information (competing against you) or (ii) disseminating the information -- without your permission.
The only way you're protected without an NDA is that any public descriptions, uses or any offers for sale won't interfere with your ability to eventually get a patent -- that's all.
I hope that helps.
Regards.
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| « Last Edit: Mar 2nd, 2007, 10:04am by JimIvey » |
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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Isaac
Senior Member
Posts: 3472
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Re: Business Process Patent
« Reply #6 on: Oct 25th, 2006, 5:20pm » |
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on Oct 25th, 2006, 3:14pm, IPL61003 wrote:| Will a provisional patent application provide me the 12 months of rights protection, as effectively as a pending regular patent application does, assuming that shortly after filing the provisional patent application, as aforesaid I begin to use the invention publicly and conspicuously, approach potential licensees and interested funding sources, etc.? |
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No. A provisional patent only protects your right to file a non-provisional application by reserving a priority against prior art and 102(b) bar activity. A provisional application cannot form the basis of any action against infringement. On the other hand, a published non-provisional application may provide the opportunity to assert provisional rights against infringers for activities prior to the issue of your patent after your patent actually does issue.
The words "fully protect" should not be used to describe a provisional application without some substantial qualifiers.
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Isaac
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kempster
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Re: Business Process Patent
« Reply #7 on: Aug 18th, 2007, 11:34am » |
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Gents, hopefully you'll allow me to pick your brains on this subject also as I am trying to work out what manner of protection my proposal needs.
I have an idea for a business method/process. What I mean by this is that I'm not inventing a physical product, but I think I may have come up with an idea of taking an existing service to market in a unique way. I need to present this approach to either VC's or current service providers, and obviously want the idea to be protected if possible.
From what I've read a Patent application seems most applicable, and I guess during the search process I'll find out if anyone else has come up with the same method.
Would you agree that Patent rather than Copyright is the best way forward? I am UK based, but the service & selling process would be an international one, particularly in the US, UK, potentially Australia.
Any views appreciated, cheers
Kempster
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JimIvey
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Posts: 2584
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Re: Business Process Patent
« Reply #8 on: Aug 20th, 2007, 3:45pm » |
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The copyright vs. patent question is the easiest, so I'll start there. It's extremely unlikely copyright will help you much. It's just not designed to handle that sort of thing.
The search process that will give you some sense of your chances won't happen for years unless you undertake to do it yourself (or instruct your practitioner/firm to do it for you). It's not required but can be helpful.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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