Questions tagged [filing]

For patent or any document filing to patent offices

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80
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 ...
46
votes
6answers
3k 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; ...
12
votes
3answers
578 views

Should I file a provisional application?

In the past I've been discouraged from filing provisional applications (in the US), but the new "first to file" provisions of the "America Invents Act" would seem to make a provisional application a ...
7
votes
3answers
335 views

Where can I find best practices or guides for patent/SOTA research?

I work as an engineer (not software) and occasionally I have ideas that might make sense to follow through and maybe arive at some sort of invention. The first step would be, of course, to look up if ...
7
votes
3answers
419 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. ...
6
votes
4answers
842 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 ...
6
votes
2answers
5k 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
2answers
139 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 ...
5
votes
3answers
2k 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? (...
5
votes
1answer
76 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 ...
4
votes
2answers
645 views

What kind of patent is this 'interlocking flexible rigid material'?

Apple recently filed an application in the US: 20130216740 INTERLOCKING FLEXIBLE SEGMENTS FORMED FROM A RIGID MATERIAL I am confused by the contrasting elements of the description, such as this ...
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 ...
4
votes
1answer
202 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 ...
4
votes
2answers
2k views

Stolen Idea Patented

I think I made a mistake about a month ago and disclosed an idea that I had to a colleague. I'm in the process of taking the idea to market, but it hasn't gone public yet. I wasn't planning on ...
4
votes
3answers
86 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?
4
votes
2answers
227 views

Seeking direction to educate myself on the patent process

I had an idea for a new piece of technology, a gadget. I found a patent filed and though the intent of the invention and results are similar to what I would propose, my method (technology for ...
3
votes
4answers
587 views

How can a hobbyist pragmatically defend a patent they file?

To begin with I read: Is it practical for a novice to successfully file a patent without hiring a patent lawyer? There's a large community of hobbyist and DIYselfers who are constantly working on new ...
3
votes
2answers
2k views

Does filing a patent protect you abroad?

I want to file a utility patent, I've read that by filing it in my country I will only be able to enforce it inside the national limits. However will other entities outside my country be able to ...
3
votes
1answer
630 views

US non-provisional application for a non-resident

I submitted a provisional patent application from a foreign country to USPTO a few months ago. I researched and determined that my idea is worth a proper patent application (I made it public). Is that ...
3
votes
4answers
637 views

Hash-based Load Balancing (Microsoft) - Issued Patent - PRIOR ART REQUEST

AN OVERBROAD PATENT ON BALANCING WEB TRAFFIC DISTRIBUTION - This patent from Microsoft seeks to patent the idea of using multiple load balancers with a shared virtual IP address to distribute website ...
3
votes
1answer
603 views

Patent filed under boss name

I had made 2 inventions and has done all paper works (write ups and drawings) required to file a patent. The patent was to be filed in my boss name as first author (though hes not the inventor) and me ...
3
votes
3answers
758 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 ...
3
votes
2answers
289 views

Patent agent fees

If a patent agent believed that my invention was both patentable & profitable, could I offer x% of my invention to a patent agent in return for the work the agent has to put in to secure the ...
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 ...
3
votes
2answers
582 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 ...
3
votes
1answer
43 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 ...
3
votes
1answer
601 views

What is the total cost of a software patent and design in UK and USA?

What is the total cost of filing a software patent and/or design in UK and in USA? I mean, the fees for filing, the agency fees for writing the documents, etc. in total.
3
votes
1answer
1k views

How to proceed with claims restriction/election

I've received a letter from USPTO telling that the patent application contains two distinct groups of claims: 1-13, and 14. The examiner marked all 14 claims as "restricted", and now I'm unsure how to ...
3
votes
1answer
370 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
1answer
78 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 ...
3
votes
3answers
810 views

Patent filing procedure without a patent attorney

This is the first time I'm thinking about filing a patent, and I don't know where to start. First of all I'm not from the USA but I want to file a patent with the USPTO without a patent attorney as I ...
2
votes
5answers
5k 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?
2
votes
2answers
387 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 ...
2
votes
1answer
981 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 ...
2
votes
3answers
338 views

How can you reveal your product to the masses while still protecting your idea?

There are sites like kickstarter which allow you to demo/display/show off your product with hopes that these viewers will help you and invest/donate capital. How can I raise capital on an idea without ...
2
votes
1answer
853 views

USPTO examiner/staff financial background check and disclaimers

I've always wondered if there was a financial background check on the examiner and all other USPTO staff that work on a patent application. Or if there is a disclaimer section for those who worked on ...
2
votes
1answer
250 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 ...
2
votes
2answers
565 views

Provisional Patent Vs Full Patent - assignment to employer

The company I worked for, filed 2 provisionals for my invention - I was listed as the sole inventor, and I signed assignment forms. Those provisionals were converted to full patents, earlier this ...
2
votes
1answer
263 views

Detailed description of a system to suit system and method claims

I'm writing the detailed description of a computer implemented system. I have explained what the system does, that's where the inventive subject matter is. I have explained an exemplary architecture ...
2
votes
1answer
244 views

Approximately how long does it take between Filing date - Issue date in USA?

There is only 6 months between filing date and issue date of us7445677 patent. Am I missing something?
2
votes
1answer
34 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 ...
2
votes
1answer
782 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 ...
2
votes
1answer
384 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
371 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 ...
2
votes
1answer
114 views

Is it helpful to use “invention submission companies” to ensure the securing of a patent?

Is it helpful to use "invention submission companies" to ensure the securing of a patent? What other services might they provide?
2
votes
0answers
198 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 ...
2
votes
0answers
91 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 ...
1
vote
2answers
297 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.
1
vote
3answers
351 views

what should be the major sections of a software patent application?

Anything else other than the list at the bottom? I have to do a lot of software patent applications for a hi-tech startup. Management wants 100 this year. For software patents of our embedded ...
1
vote
1answer
47 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 ...