Stack Exchange Network

Stack Exchange network consists of 174 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers.

Visit Stack Exchange

Questions tagged [filing]

For patent or any document filing to patent offices

2
votes
2answers
273 views

How can the difference between “Priority Date” and “Filing Date” be greater than 1 year?

For most patents (at least the ones I looked at) there is no more than 1 year difference between "Priority Date" and "Filing Date": often exactly 1 year, and if not, just under 1 year. This must be ...
5
votes
4answers
786 views

Software patenting questions

I am a student and I don't have enough money (not even nearly enough) to file a patent. I strongly believe in my idea and therefore I would give and do anything in my power to secure this patent. I ...
0
votes
1answer
30 views

I'm writing a provisional patent application for my app, and I have a couple of questions

I'm writing a provisional patent application for my app, but I'm confused. I've heard companies like Tinder or Facebook filing individual patents for features/technologies that they developed. So, ...
1
vote
1answer
29 views

Am I getting a response for Rescission of Previous Nonpublication Request?

I filed a US patent using EFS-Unregistered on June 1st, 2018 with request not to publish. I filed the related international ePCT on June 4th, 2018. I understood that I would need to rescind the ...
1
vote
2answers
124 views

can foreign company file patent in USPTO without a lawyer?

can a foreign company file a patent in USPTO without a lawyer? If yes Please tell me how.
0
votes
1answer
31 views

Signing Application-Data-Sheet (ADS) Using EFS-Web

This is the first time to file my application using USPTO's EFS-Web service. When I used the regular mail, the ADS document is always signed by hand, while here with EFS-Web I'm facing the following ...
5
votes
3answers
565 views

Order of Patent Inventors on a Patent Application

I am in process of patenting a device and was wondering if the order of the inventor has any significance? If there are 3 or 4 inventors, is there any special preference given to the first author? (...
1
vote
1answer
29 views

New data visualisation - Design or Utility patent

From what I have understood so far, a design patent is a form of legal protection granted to the ornamental design of a functional item. Design patents are a type of industrial design right. and a ...
3
votes
3answers
6k views

How best to patent idea while working for company?

I have an idea I would like to patent. I have not started working on the idea yet (and I'll swear to that in court). How best to keep my job without losing my intellectual property rights? The idea ...
1
vote
1answer
310 views

Naming New Inventors when Converting a Provisional Patent to a Full Patent

If I file a provisional patent application in the US and then convert it to a full patent in 1 year, can I name additional inventors on that full patent application?
3
votes
1answer
226 views

Filing with PCT first before any national application

Is it possible to file with PCT without filing for a national application first? My search on the web so far indicates yes, but the recommended route is to file a national/regional application first ...
2
votes
1answer
108 views

Risks of splitting invention into multiple patents?

There is a similarly-titled question that asks whether it is possible to split an invention into multiple patents. The question here is what are potential risks of doing so. Patents may potentially ...
0
votes
1answer
15 views

Soffer, Softer, Soifer

In reference to the patent: US2704622 Why is it called a "Soffer" when the inventor is named "Softer" or "Soifer" as seen in various locations on the patent? Which ones are spelling errors and which ...
0
votes
1answer
29 views

Protections for selling a business idea

Which protections is needed to be bought for a business idea? I like to sell it to a European citizen (of Course, for starting it in that country) and I am from a non-EU country.
5
votes
2answers
113 views

Is it possible to file a Freedom of Information Act requests for correspondence filed for a patent never published?

I believe there are some academics who are lying about their conflicts of interest that they were required to disclose, and that they may have applied for patents that did not even make it to the ...
0
votes
1answer
52 views

is a computer listing necessary for a provisional utility patent?

My invention is a printed circuit board with a micro-controller, which runs my software algorithm. The algorithm is about 3500 lines of source code. I just read USPTO rule that computer listing of ...
1
vote
1answer
131 views

What to pay for an initial patent submission?

I am submitting a patent application to be filed. The USPTO asks to tick appropriate services Filing | Search | Exam Do I need to select and pay all of them at this stage OR for example Exam is ...
1
vote
1answer
211 views

Facing issues while e-filing provisional patent application

I am trying to file utility patent - provisional application. Facing these kind of issues? How to deal with it? I prepared all my documents using MS Word or MS Visio - then just saved them as PDF ...
1
vote
4answers
76 views

about filing and making of prototype

For a design patent (medical clothing item) is it better to file provisional patent first? then regular one? Also can we use other items out there to construct our product (as in pieces of it used ...
1
vote
2answers
1k views

What happens if I don't pay the issue fee?

Does the patent become abandoned? If yes, can I revive it? Under what conditions? Is it any different if I didn't pay the maintenance fee? Do I get any protection from such a patent? Is the ...
46
votes
6answers
2k views

Is it practical for a novice to successfully file a patent without hiring a patent lawyer?

I am an undergraduate student in the US, and have come up with a (hopefully) patentable idea independently of my studies. The upside of that is the university cannot claim any rights to my invention; ...
4
votes
3answers
75 views

Patent filing via international PCT system

After filing an US application how much time should the applicant wait to file a PCT application? What are the benefits of filing early or late?
0
votes
0answers
16 views

Is this patent still active? Was it rejected prior? If so why? [duplicate]

In reference to the patent: US20110299168 Looking to discuss this patent as we have the tech to develop it. Why has it been left under status of application for so long? Has something similar already ...
1
vote
1answer
95 views

Patent before beta release in India

Is it necessary to patent an idea or innovation before a beta version is released in India?
0
votes
1answer
37 views

Working in a large organization - have idea of my own-some questions

I am Working in a large organization. I have filled up application to file one patent - it's very bureaucratic(read political organization). It's myself and two other co-workers who did all the work(...
2
votes
1answer
961 views

Should I publish my idea prior to releasing a product to prevent a competitor from filing a blocking patent?

I have an idea for a new product but I have not yet manufactured or commercialized it. I am concerned that another company could block me from selling my product by filing for a patent on my idea ...
4
votes
1answer
183 views

PCT Application

If a Provisional Application is filed in USPTO, let us say on June 01 2015 and before June 01 2016 a proper PCT Application (an International Provisional Application, this is also a provisional) is ...
5
votes
1answer
69 views

How old do you have to be to file a patent

My son wants to file a patent and he is 12 years old. It is a pretty cool idea and he already has some interest in it. However, I am concerned that he isn't old enough to legally file or sign he ...
3
votes
1answer
26 views

Can a patent include a claim that is encompassed by an “abstract” claim rejected in a different pending application?

There is a pending patent that has a number of very abstract claims which are currently being denied for being "abstract ideas" (although the inventor may appeal at some point). I am currently working ...
1
vote
1answer
77 views

What does (A) in patent number US744484(A) denote?

I also seen (C) in some, what do they denote? What can I learn about a patent or application based on its alpha-suffix?
3
votes
1answer
75 views

Citation Explainination of Paragraph three under description

In reference to the patent: US20140267936 Applicant mention a citation :- Another approach is disclosed in copending U.S. application Ser. No. ______, (Docket SPC0936PA) filed on even date ...
1
vote
1answer
191 views

What is the “easiest” way to get a new examiner?

Let's suppose I have an examiner that is "difficult" (I won't elaborate this further, but it might be easier to "refile" the patent than to continue with this examiner). I know just refiling the ...
0
votes
2answers
439 views

Are hand drawn diagrams sufficient for provisional utility patent?

To save time, I want to do a USPTO provisional utility patent that includes hand drawn system diagram, software block diagram, and software flowchart. These will have ALL the same info. as the ...
3
votes
1answer
42 views

is a provisional utility patent the way I need to go?

I want to protect my invention as soon as, and as fast as possible with a provisional utility patent for the software and hardware design, and then have 12 months to complete the claims, etc. for the ...
2
votes
5answers
4k views

Is it reasonable to write patent documents on your own?

Obviously all agents and lawyers will vote to work with them. How hard is it to write patent documents on your own?
77
votes
6answers
10k views

How to torpedo a bad patent my former large employer is filing?

I worked for a large software company recently and quit to go work a much better place. I thought I had a clean break, but apparently the company is filing to patent work I did there. The specific ...
3
votes
1answer
264 views

How to remove a file attached in a USPTO EFS WEB application?

I added a file which was found to contain some PDF errors (missing font) and the EFS web site is asking me to remove the file and reattach a correct version. Alas, I can't find any "remove" button or ...
3
votes
3answers
669 views

Avoiding issues while changing the attorney?

I am not a US citizen. I filled an application in USPTO through an Attorney based in US. I do not have any intent to go further for examination,office action etc with this attorney, because I would ...
0
votes
1answer
63 views

Is this patent still valid/enforceable? If the owner of a patent has failed to pay their maintenance dues, will the filed patent reflect that?

In reference to the patent: US8276282 Is this patent still valid/enforceable? If the owner of a patent has failed to pay their maintenance dues, will the filed patent reflect that?
0
votes
1answer
93 views

Can a competitor see my unpatented product in the market and patent it before I do?

Suppose I come up with a product with some characteristics that are unique enough that it could be patented. However, I don't have enough money to file for a patent at the launch date. Can a ...
1
vote
0answers
281 views

US vs Indian Patent System differences

We may be filing for a patent in India, and while our attorneys will be doing the heavy lifting, I was just curious about what major differences there are in the patent system between there and the ...
2
votes
1answer
349 views

File provisional patent application in India before getting published in a Journal

I want to patent an algorithm in India. I have done enough prior art and I am sure that no such algorithm exists till date. The problem is I have also written a research paper for the same and ...
4
votes
2answers
2k views

What are the risks of writing a patent specification without an attorney?

I'm working on a prototype for my invention. My situation is that I can't afford a patent attorney at the moment. So my plan is to file a specification for the invention myself, no claims yet. Then ...
1
vote
0answers
153 views

Can someone explain the term “commonly owned”?

As seen in a patent application, can someone please explain to a layperson what this term means? "All claims of the present invention application are commonly owned." I am having a heck of a time ...
1
vote
1answer
162 views

Provisional Patent Application validity questions

I am considering filing a Provisional Patent Application (PPA) on my own. If PPAs are never examined, is it correct to assume that I get a "patent pending" on whatever (since it is not published at ...
1
vote
0answers
69 views

question about time periods for pre-exam processing

I have an invention that I'd like to pursue but there's a patent application for the exact same thing already in existence. However, it's been undergoing pre-exam processing since 2008. Is there any ...
5
votes
2answers
4k views

How detailed should a provisional patent application be? (Software)

I am considering filing for a provisional patent which deals with mobile and web technologies. Now this is a method to do something. But how detailed do I go? Right now, I have something working in ...
6
votes
3answers
413 views

Are there any advantages to making your first filing in one country vs. another?

Is it always better to file a patent in United States first before extending it to other countries? What if we do the reverse: file patent in a small country then only extend it to the United States. ...
2
votes
1answer
675 views

Forgot to check 'Request Not To Publish'

Well I finally filed my utility patent application - about 20 minutes ago, electronically - and now I am wondering if I forgot to check the box for non-publication by the PTO. Is there any way to ...