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Author Topic: Prevent others from patenting while I do market research  (Read 876 times)

broham

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I know this is probably a stupid question that's been answered before, but I tried googling and searching the forum and came up empty. Hopefully you call can help me.

  • I have a product that I want to sell in Brazil, and other developing nations.
  • I want to get an international patent, but they're very expensive.
  • I'd like to start selling it first to see if there's a market for it. If this small market test shows that there's demand, then I'd like to invest in registering the patent.

Is there any international way that I can prevent others from patenting my idea while I perform this research? At the very least, I'd like to protect it in Brazil, US, India and possibly also China (Hah ha ha ha ha).
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Wiscagent

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Re: Prevent others from patenting while I do market research
« Reply #1 on: 08-06-09 at 11:11 am »

To protect your right to a patent in most countries, you need to apply for a patent in at least one country before your invention is publicly disclosed.  For example, you could apply for a patent in the US, do your testing, and then within one year most countries (or the PCT) will recognize the US application as a priority application.

There is no such thing as an international patent.

Patents are not "registered" in most countries.  In most countries patents are applied for.  That's not just a semantic distinction, it is a real difference.  Just because you apply for a patent there is no certainty that it will be granted; in a registration system the patent is (more or less) automatically registered.
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Richard Tanzer
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JimIvey

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Re: Prevent others from patenting while I do market research
« Reply #2 on: 08-12-09 at 07:19 pm »

Richard is correct.

Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Friends don't let friends file provisional patent applications.
 



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