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[Andy123]

Hi All
This is my first post.

I filed a patent application,  using a patent attorney here in the UK, just before Xmas.

Three questions:

1) Someone once told me a few years  that "anyone can get round a patent".... His comment haunts me, what do you think he meant? Is he right?

2) My patent was filed in the UK which I understand would give me an option to file in the USA if I want to take the option up in 12 months time but my attorney said although we have priority in the US because of our UK application it would still be better to file in the US as well.
Why would this be nessecary if I have the option in 12 months in any case?
( I did ask my attorney this question but he speaks in riddles and is an impatient type)

3) Is it impractical to change patent attornies  when it comes to going for an application for a few other countries in 12 months time?

[bleedingpen]

Hi All
This is my first post.

I filed a patent application,  using a patent attorney here in the UK, just before Xmas.

Three questions:

1) Someone once told me a few years  that "anyone can get round a patent".... His comment haunts me, what do you think he meant? Is he right?

2) My patent was filed in the UK which I understand would give me an option to file in the USA if I want to take the option up in 12 months time but my attorney said although we have priority in the US because of our UK application it would still be better to file in the US as well.
Why would this be nessecary if I have the option in 12 months in any case?
( I did ask my attorney this question but he speaks in riddles and is an impatient type)

3) Is it impractical to change patent attornies  when it comes to going for an application for a few other countries in 12 months time?

1) Depends on the claim scope, the prior art, the skillset of your patent attorney, etc

2)  You can file in 12 months in the US.  You could file earlier if you like.  You can also file a PCT application, which can effectively delay your national filings up to 30 months from the earliest priority.

3)  Really isn't a big deal and happens often.

[mir]

hi..
i can suggest you this link

http://www.etkinpatent.com/patent.html

[bartmans]

Hi Andy,

2) your attorney is right that sometimes it can be better to file early in the US as well. That will be the case when there is a danger that anybody in the US will file a patent application before you would od (i.e. during the priority year). In such a case the earlier filed US application can be held as prior art to your later filed US application, even if you would be able to claim priority. Or, in case that your US application goes beyong your first UK application you will not be able to claim priority and thus the earlier filed US application will win anyway.
However, if such would be the case (i.e. the danger of a third party filing early in the US) your attorney should have insisted in your filing US as well, since the mere act of filing a (provisional) US application is rather cheap.

3) you may change patent attorney. However, if you are buidling a portfolio of applications (i.e. in different countries or more than one invention) it would be advantageous to let one attorney coordinate all the filings and prosecution.

Best regards,
Bartmans