Where now

[Hear Hear]

I'm currenlty trying to push my own invention.. however things are goinging slowly..

Right now I have contacted only 4 companies and have 1 NDA signed. I would really like to speed things up alittle.. by doing a public disclosure..

would a tech website the best way for it?

[Priya Sinha Cloutier]

Be carefull.  Offering your invention for sale too early can bar you from a US patent.

P.

[Hear Hear]

well its protected by 2 Australian provisionals. One patent is the technology.

The other patent is the business process and related technologies.

I've had someone recommend I also file a USA provisional as well for added protection. Since I am discussing with a United states Partner. But from my interpretation of the laws. I can file a full Australian patent then I can also consider filling an international patent for up to 30 months of internal protection in most countries except countries like Korea.

I'm going to seek a patent attorney later or sooner since I filled the provisional myself. But I dont want to waste 20 Grand on a useless idea.. At the moment the idea sounds quite plausible, finance is good..

I got a NDA which means some company is willing to take a risk by signing it.

I dont think I'll be able try and sell the product since it doesnt exist yet.

[JimIvey]

Provisional applications don't "protect" you or the idea.  They only hold a place for you to file for protection later.

The 30 months of protection from a PCT application are the same -- they don't protect you but only hold a place for subsequent protection if you file for that protection in due time (within the 30 months).  

Neither a provisional application nor a PCT application allows you to prevent anyone from doing anything.

Regards.

[Gerry_Elman]

  James, however you would agree, I hope, that both a U.S. Provisional Patent Application and a PCT application would provide a vehicle for licensing the invention.
--Gerry Elman
Elman Technology Law, P.C.
Swarthmore, PA

[JimIvey]

I suppose it depends on what you mean by "provide a vehicle".  If that means that the Applicant can now license something they couldn't have otherwise licensed, that's not true in my opinion.  If that means it's a way to "raise the stakes" (or at least give such an impression) such that potential licensees would be slightly more inclined to take a license, I'd be inclined to agree.  

Patent applications, in and of themselves, convey no rights to exclude so as to form the basis of a license.  Of all applications, the types farthest removed from such enforceable rights are provisional applications and PCT applications.  I'd say that such applications (other than being steps to ultimately achieving enforceable rights) at most provide a perception of protection to the poorly informed.  Well, they also permit certain activities without harm to potential patent rights -- such as marketing, sales, etc.

Of course, all that ignores provisional rights (unrelated to provisional applications).  A provisional application cannot provide provisional rights.  I don't know if a PCT application can.

Regards.