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Author Topic: A preliminary provisional filing?  (Read 2664 times)

TataBoxInhibitor

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Re: A preliminary provisional filing?
« Reply #15 on: 06-25-07 at 09:10 pm »

Quote
If you mean that the adequacy of the provisional application is insufficient to provide a meaningful priority date, I'm sure it happens all the time, but I have yet to see that adjudicated and I haven't experienced it.


Yes.  I was referring to this.  Regarding Isaac's post...I assume that is why some include a general broad claim in the provisional?
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Jp

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Re: A preliminary provisional filing?
« Reply #16 on: 12-10-07 at 08:51 am »

I am offering a question here not to show how much I don't know but to clarify my puzzled curiousity, and to create a review of the subject, that may be beneficial, not only to myself but, to future readers.

My question regarding applying for a patent for a manuscript is;

Does this have an advantage over a copyright or is it advisable to have both licenses applied for ?

Can you give an example of a manuscript subject that would be purposeful in the patent protection advantage context ?

« Last Edit: 12-10-07 at 09:02 am by Joe_Poole »
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Wealth of Ideas, October 2007

"The proposed Patent Reform Act of 2007, however, is so consistently and unmistakably biased in favor of large corporations that the purported motivation for the proposed change to a First-to-File system must be viewed with deep suspicion."

CriterionD

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Re: A preliminary provisional filing?
« Reply #17 on: 12-10-07 at 12:52 pm »

Quote

My question regarding applying for a patent for a manuscript is;

Does this have an advantage over a copyright or is it advisable to have both licenses applied for ?


Depends...clarification is needed to give a definite answer.

Copyright and Patent law protect different things.  Patents protect new and useful (and "non obvious") product/service innovations.  In this context, copyright law protects original literary works (and possibly original artwork on the manuscript's cover, but that can be ignored for now).

If your manuscript described a patentable invention, only a patent could protect against others making, using, or selling the invention (but a patent would not protect against someone copying your manuscript).  Copyright law - for which protection is generally automatic though registration has useful benefits - would simply protect against others copying your manuscript.

« Last Edit: 12-10-07 at 12:56 pm by CriterionD »
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