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Author Topic: to pay the patent fees after one has money whilst reduce the examination demand  (Read 902 times)

Invention

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I have an idea which might be infavor of both the poor individual inventors and also the USPTO. This may enable those invidual inventors to pay the high sum of patent fees later and relieve the burden of the USPTO.
For a patent application, if it is published after 18 months from the filing date, then it should be examined only when the applicant make a request. While before the very time he makes the request, his application shall not be protected so everyone may use the published invention roylty free even it is granted sometime later. This bargin is to prevent the applicant to sell his patent application while without paying the patent fees for that time.
As a result, there are two merits:
For the poor individual inventors, he may request an examination when he has found the buyer of the invention.
For the USPTO, many applications which do not mean to be carried out at all shall not be examined at all to allow the USPTO have much more time to examine those really in a hurry.
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NJ Patent1

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Invention:  IMO worth some mulling-over.  But I think the USPTO has already considered "deferred examination".  I think USPTO may indeed have / have had a pilot program for deferred examination.  I know I read about it.   I think it may be already  "on the books" so to speak.  Need to check.  My clients are usu interested in prompt examination, so I'm not up-to-speed  :(.  I'd attach at least one caveat: no provisional damages for the period between publication and payment of search and examination fees.  As you may have read on other threads, if search and examination fees are going to bust you, how are you going to pay for manufacturing start-up and marketing?   If you are thinking of not paying issue or maintenance fees, I'd give a "thumbs down".  Check the USPTO wbesite for "deferred examination".  I'm for some breaks to "the little guy" (e.g. small entity and micro entity fees), but only if they are fair to all.  Best. 
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Yak

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For a patent application, if it is published after 18 months from the filing date, then it should be examined only when the applicant make a request. While before the very time he makes the request, his application shall not be protected so everyone may use the published invention roylty free even it is granted sometime later.

As a result, there are two merits:
For the poor individual inventors, he may request an examination when he has found the buyer of the invention.

If anyone can use the published invention royalty free even after the application is granted, what incentive would there ever be for a company to invest in buying or licensing the patent rights?
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Oh, Crud

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If anyone can use the published invention royalty free even after the application is granted, what incentive would there ever be for a company to invest in buying or licensing the patent rights?

Hi Yak.  Note what the OP said was that one could use the published invention royalty free, "even if" (not "even after") the patent should grant.  What I take this to mean is that no intervening provisional rights attach.  However, post-grant, the patent is enforceable as against all.

Still, there are issues.  What if his pub'd app sits there for 5 or even 10 years with no exam request?  When does the public get to rely on his inaction?  It becomes almost the submarine issue.  If I decide to sink manufacturing capital into something, I don't want an 18.5 year sword of Damocles hanging above, ready to be examined (and granted) at any point, thence stopping my activity.
« Last Edit: 03-02-12 at 11:43 am by Oh, Crud »
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Invention

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For example, if an application is filed and published by 18 months, but the applicant does not find a buyer and does not have an examination until 5 years later from the filing date, then the application is revoked during this period, say, anyone may utilize the invention freely during those 5 years and do not have to pay anything even after the patent is granted.

Actually, if anyone hopes to utilize the invention, he may contact the applicant to have an examination at once.

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Yak

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I guess I may be missing any real benefit in this proposition.  It seems to me the cost of having a patent prepared is much more than the governmental fees involved in examination and issuance.  This will be an even a bigger difference early next year when the micro-entity status fees are implemented. 
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Oh, Crud

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For example, if an application is filed and published by 18 months, but the applicant does not find a buyer and does not have an examination until 5 years later from the filing date, then the application is revoked during this period, say, anyone may utilize the invention freely during those 5 years and do not have to pay anything even after the patent is granted.

Actually, if anyone hopes to utilize the invention, he may contact the applicant to have an examination at once.


Here's the point you're missing.  What then does happen after your patent grants?  Can you from that point forward assert your patent against my use?  If so, I'll grant you your requested delayed examination schema if, and only if, you also agree that should you choose to try to enforce your newly granted patent against me, you must first repay me the $74 million I have already invested in capital, distribution systems, trade dress and mark protection worldwide, existing stock and WIP, and the penalties (`scuse me, meant to say "liquidated damages") on any supply contracts I have to prematurely terminate as a result of your tardy entry into the world of patentees.  Not to mention the million$ in "soft" damages to my good will when I have to disappoint all my former customers.
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Invention

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All that is impossible.
Well, if you decide to use the invention, you may contact the inventor or applicant at first.
Then he may know he could sell his invention. Afterwards he shall have an examination at once.
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Oh, Crud

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Well, if you decide to use the invention, you may contact the inventor or applicant at first.
Then he may know he could sell his invention. Afterwards he shall have an examination at once.

Well there you go with another aspect of the problem.  What exactly is it that is your invention that you have rights to?  Unless and until you get an examination, I have no clue what (if any) aspects of your supposed "invention" are actually deserving of patent rights.  Why would I bother contacting you (even assuming I have any idea you or your application publication exist) when I have no idea what rights you may eventually have? 

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Invention

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This is just like the patent pending.
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