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Re: Re: Patent Procedure


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Posted by Don on November 18, 2003 at 18:48:28:

In Reply to: Re: Patent Procedure posted by James Ivey on November 15, 2003 at 16:35:29:

: I really don't like provisional applications. With very few exceptions, they don't do what people think they do. See my FAQ on the topic.

: In essence, a provisional patent application does no more than delay the entire process (other than preparing the application itself) for up to one year for about $80. You don't save money. Within that year, you have to file a non-provisional application and pay the non-provisional fee.

: In my opinion, provisional applications are misunderstood, misused, and useless (with few, specific exceptions). I see them as patches that indicate serious problems with a patent and therefore substantially discount the value of a patent with a provisional applicaiton in its history.

: I recommend avoiding provisional applications if at all possible -- unless your invention is related to drugs (or is otherwise more valuable at the end of the patent term rather than at the beginning).

: As for number of patent applications, that's up to you. If the Patent Office thinks there are more than one invention in a single application, they'll force you to split it up. If they think you've filed multiple applications for the same invention, they'll force you to allow them to expire at the same time.

: I hope that helps.

: Regards.

: : Would appreciate an overview on the patent procedure for a real neophyte. Am especially interested in the provisional patent application procedure as it sounds like a great way into this jungle (or is it too good to be true?). Would like an insight into such things as: Should I pursue just the one patent for the whole idea and then another patent for the critical element, or does the whole idea patent protect that element? (Market-wise, they would be divisible.) Is there just the one fee ($80) for the provisional patent application? I gather that the provisional patent application consists of the Form PTO/SB/16 (OB-03), specifications (my description of the device) and drawings, and the fee, or am I missing a lot?

Mr. Ivey:

Thanks for your input. I am not really in a position to go for an RPA although that is obviously the smart thing to do. But the PPA does seem to be a good middle ground approach for someone in my situation (age, $$$, product simplicity, probable marketability, etc.).


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