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Author Topic: If you are short of money for a patent  (Read 2706 times)

Invention

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If you are short of money for a patent
« on: 08-04-11 at 08:30 pm »

RNT(Revoked-but-Not-Terminated)

If a patent application is filed and the filing fees are paid, it could be revoked but not terminated within the period of its life, say, 10 or 20 years from the filing date.
If a patent is granted, it could be revoked but not terminated.
In turn, the applicant or patentee should give a step back. His intellectual rights are not protected during the period being revoked. Anyone may utilize the invention during that period without paying the roylty fees at any time.
As a result. an inventor may pay the  patent fees only after his invention is sold out.

For example, if an inventor has filed an application and paid the filing fees, but he failed to pay any patent fees for 7 years, then the application is revoked, anyone may utilize the invention freely during those 7 years and do not have to pay anything even after the patent is granted.
If the inventor has sold out his invention during the 7th annual period, he may ask for an examination and pay the examination fees. And the application shall be protected from then on.
Same for a patent granted.

For a PCT application, if a national application is filed and the filing fees paid, the applicant may file a PCT at anytime and enter the national phase of a country at anytime. He may wait until he has sold out his invention.
« Last Edit: 11-06-11 at 07:18 pm by Invention »
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Wiscagent

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Re: If you are short of money for a patent
« Reply #1 on: 08-10-11 at 07:41 am »

As I understand your concept:  If patent maintance fees are not paid, the enforcability of the patent would be suspended until the fees are brought up-to-date.  If that's the idea, I don't like it.

Consider a competitor's situation.  To make your patented gadget might cost the competitor a lot of time, effort, and money.  You don't pay the maintance fees one year.  The competitor would like to make your gadget, or perhaps an improved version of your gadget.  So the competitor makes the necessary investment, and starts making the gadget.  As soon as the competitor starts making a profit, you would send a check to the patent office and reactivate you patent. 

Instead the competitor will see your inactive patent, and simply not make the investment.  So effectively, you have your patent without paying the fees.
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Richard Tanzer
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Invention

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Re: If you are short of money for a patent
« Reply #2 on: 09-24-11 at 06:13 pm »

Not suspended but revoked.
If a competitor produces a number of the gadgets during the period revoked, he shall be free of charge even after the patent is granted.
All the produced gadgets could be sold out during the period protected, yet the competitor should not pay the royltal fees at all.
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klaviernista

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Re: If you are short of money for a patent
« Reply #3 on: 09-29-11 at 08:56 am »

Not suspended but revoked.
If a competitor produces a number of the gadgets during the period revoked, he shall be free of charge even after the patent is granted.
All the produced gadgets could be sold out during the period protected, yet the competitor should not pay the royltal fees at all.

I only scanned the OP, but it appears to me that the concept proposed is very similar (if not identical) to the intervening rights provision in 35 U.S.C. 41(c)(2)

"(c)

(1) The Director may accept the payment of any maintenance fee required by subsection (b) of this section which is made within twenty-four months after the six-month grace period if the delay is shown to the satisfaction of the Director to have been unintentional, or at any time after the six-month grace period if the delay is shown to the satisfaction of the Director to have been unavoidable. The Director may require the payment of a surcharge as a condition of accepting payment of any maintenance fee after the six-month grace period. If the Director accepts payment of a maintenance fee after the six-month grace period, the patent shall be considered as not having expired at the end of the grace period.

(2) A patent, the term of which has been maintained as a result of the acceptance of a payment of a maintenance fee under this subsection, shall not abridge or affect the right of any person or that person's successors in business who made, purchased, offered to sell, or used anything protected by the patent within the United States, or imported anything protected by the patent into the United States after the 6-month grace period but prior to the acceptance of a maintenance fee under this subsection, to continue the use of, to offer for sale, or to sell to others to be used, offered for sale, or sold, the specific thing so made, purchased, offered for sale, used, or imported. The court before which such matter is in question may provide for the continued manufacture, use, offer for sale, or sale of the thing made, purchased, offered for sale, or used within the United States, or imported into the United States, as specified, or for the manufacture, use, offer for sale, or sale in the United States of which substantial preparation was made after the 6-month grace period but before the acceptance of a maintenance fee under this subsection, and the court may also provide for the continued practice of any process that is practiced, or for the practice of which substantial preparation was made, after the 6-month grace period but before the acceptance of a maintenance fee under this subsection, to the extent and under such terms as the court deems equitable for the protection of investments made or business commenced after the 6-month grace period but before the acceptance of a maintenance fee under this subsection."
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Invention

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Re: If you are short of money for a patent
« Reply #4 on: 10-14-11 at 10:59 pm »

I have shortened my idea to give a brief introduction. Thus you may grasp the main idea.
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rwcltn

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Re: If you are short of money for a patent
« Reply #5 on: 10-30-11 at 08:08 am »

If the invention is a money maker how could you be short of money? If its not a money maker others wouldn't want to utilize/sell it.
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Invention

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Re: If you are short of money for a patent
« Reply #6 on: 11-06-11 at 07:16 pm »

Everyone has a dream. The law should give him an opportunity.
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NJ Patent1

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Re: If you are short of money for a patent
« Reply #7 on: 11-09-11 at 09:59 pm »

And the law does.  And the law strives to be fair to everybody.  Not just dreamers (or fantisizers?)
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Invention

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Re: If you are short of money for a patent
« Reply #8 on: 11-23-11 at 11:57 pm »

There are inventors who hope to pay the government fees for a patent only after their inventions are sold out.
There are inventors who are individuals and could not afford the high amount of the government fees although there are some discounts or tradeoffs.
Yet the government bureau often revokes a patent application or a patent and bring an end to the applicant or patentee. This is too strict a rule which has ruled out many inventors' dreams.
Once the law will make some slight modifications, things might be quite different.

This method is called RNT meanning revoked but not terminated.
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