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Author Topic: for Patend Pending do you need...  (Read 1561 times)

starz1

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for Patend Pending do you need...
« on: 07-26-07 at 08:52 am »

Hi, I was reading a patent book and I think it said in it that in order for you to use the patent pending mark on your invention once it's out in the public you need to file a patent pending application, on top of the actual patent application? Or can you use the mark with just filing for a patent application?
thanks
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MrSnuggles

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Re: for Patend Pending do you need...
« Reply #1 on: 07-26-07 at 09:38 am »

Once you file a patent application, whether it is a provisional application or a non-provisional application, whether it is a domestic or international application, the patent is deemed pending and you may mark your product "Patent Pending."

If the application is allowed and issues, then you should mark your product with the patent number.  If you abandon or allow the application to lapse into abandonment, then you cannot claim that a patent is pending anymore, and you should probably remove or discontinue marking a product as patent pending.

There is no separate patnet pending application that you need to file.
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Bill Richards

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Re: for Patend Pending do you need...
« Reply #2 on: 07-31-07 at 05:47 pm »

I'm sorry if I sound a bit skeptical, but Patent Prosecutor's post sounds a bit self-serving.  Might there be a connection there??
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
www.wbrfirm.com

JimIvey

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Re: for Patend Pending do you need...
« Reply #3 on: 07-31-07 at 06:02 pm »

I wondered the same thing, but thought I'd let it go.  We all have some self-serving motivation to help out here.  I would just think the self-serving content would go in "Announcements" -- but I'm not sure what the announced event (seems to be the nature of announcements) would be.

The username is nocsysop which suggests an engineer rather than a Patent Prosecutor (NOC -- Network Operations Center -- System Operator).

One thing that I'm not sure of is whether Patent Prosecutor works with or hired Patent Professionals.  I think it would help interpret the posts to know the perspective of the poster.

FWIW, I agree with the general thrust of the posts -- If you look at the patent business from drafting to filing to issuance and include enforcement (licensing negotiations and/or litigation), the cheapest way long-term is to do it right from the beginning with a good professional.  I've seen way too many people try to get by on the cheap and then blame "the system" (or attorneys, the goverment, you name it) as being unfair and/or crooked.

So, it may in fact be that a high-quality, inexpensive professional is the cheapest way to make money from a patent.  And, yes, I say that knowing full well that it sounds self-serving.  The truth has to serve my interests once in a while, doesn't it?

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.

Patent Prosecutor

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Re: for Patend Pending do you need...
« Reply #4 on: 08-09-07 at 10:44 pm »

I’m just providing information.  I can recommend dozens of patent firms that will not charge you $10K for a solid patent.  May be the only connection is Bill and Jim you are the 10K guys!
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JimIvey

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Re: for Patend Pending do you need...
« Reply #5 on: 08-10-07 at 11:01 pm »

I've written applications (real, non-provisional) for as little as $700.  I've written highly complex ones for as much at $100k+.  If I write an application for over $10k, it's because the invention was sufficiently complex to require that much time.

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.

Bill Richards

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Re: for Patend Pending do you need...
« Reply #6 on: 08-12-07 at 12:44 pm »

I also have written numerous applications that required a great deal of time.  One in particular, was for what appears to be breakthrough technology in a very complex area of chemistry.  I spent nearly 100 hours on the application, but that's what the invention deserved and required.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
www.wbrfirm.com
 



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