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10

The law requires that the application provide a complete "written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains" to make and use the invention. If you want the provisional application to be valuable then it ...


7

I am not a patent agent or attorney, yet I believe patent agents and attorneys' help is extremely valuable for filing patent applications because of their experience. You can do large parts of the filing yourself, yet you should better seek help for writing the application and the arguments during prosecution. It is quite easy to obtain a patent entirely on ...


7

As far as I know, patent law does not have any concept of first or second inventors. All inventors/owners need to come to an agreement by themselves about handling the patent (application), revenues, costs and communication with the patent office, but that's their own problem so to speak. Basically, who's listed first doesn't matter. A patent doesn't have ...


5

You can disclose your ideas, designs and product plan details in various ways to try to make them readily findable by patent examiners doing searches. One defensive publication site is IP.com. It is fee based. But the best way to have a high probability of a patent examiner finding your defensive publications when examining someone else's application is to ...


4

There are inventors who do a reasonable job of drafting a provisional application that has some value. If they understand the limits of the value they are getting and do not get a false sense of security from it, they will probably be better off than if they had done nothing. Although I do not recommend writing your own patent application, I do highly ...


4

You might consider writing a patent using this analogy: writing a critical app using a new coding language that is vaguely related to the language you presently prefer, but that has a few interesting type conventions which, if you don't know about them, will lead to significant bugs. You get one chance to compile and debug, after the code is written. The ...


4

This answer assumes you are talking about a filing with the USPTO. Unlike authorship, inventorship is controlled by law. Writing it up and making drawing might make you an author but, alone, does not make one an inventor. Being the boss does not make one an inventor. Making a conceptual contribution to something in a claim is what makes one an inventor. All ...


4

It is likely you are seeing the effects of a continuation (or divisional, outside of the US). The continuation retains the priority date of its parent, but has a much later filing date. By way of example: A Canadian application (CA1) is filed on 1 Jun 2012. CA1 therefore has a filing date of 1 Jun 2012, but no priority date. A US application (US1) claiming ...


3

This is a picture of a "kerf bend" in wood. Material is removed to make a flexible portion from something inflexible. In Apple's case the geometry is different and more complex.


3

An alternative not yet mentioned is to consult with your university's tech transfer office. You should do so under confidentiality agreement or otherwise ensure that they will keep any disclosure confidential so it does not count as prior art against you. Many professors are in the same situation as you-they have a potentially patentable invention but no ...


3

I'm not an attorney and it sounds like you need one. If the "full" applications did not add new matter to the provisional's content then signing away one can be signing away both. What state/country you are in will make a difference. A factor that may be involved is that the new AIA patent law has made it easier for employers to file on your invention ...


3

At least in the US, part of filing a patent application involves an oath/declaration, which includes a provision such as: I hereby declare that: [...] I believe the inventor(s) named below to be the original and first inventor(s) of the subject matter which is claimed and for which a patent is sought on the invention titled: Filing such a claim if he ...


3

As an alternative answer, courts generally presume that different words in a patent application have different meanings. CAE Screenplates, Inc. v. Heinrich Fiedler GmbH & Co. KG, 224 F.3d 1308, 1317 (Fed. Cir. 2000). This canon has been applied not only to the use of different words in claims, Id., but also to the use of different words in the written ...


3

Ultimately it is up to you, but consider the consequences of your decision: You write some additional language describing how to perform the method. All you've lost is the time spent writing that additional language, much of which can be adapted from your system language, not to mention the flowchart you already created. You submit the application as-is ...


3

The technique of consistent hashing was invented by Karger et al in their famous 1997 paper, "Consistent hashing and random trees: distributed caching protocols for relieving hot spots on the World Wide Web": http://dl.acm.org/citation.cfm?id=258660 http://thor.cs.ucsb.edu/~ravenben/papers/coreos/kll+97.pdf It is to them that the claim of novelty and non-...


3

The term "Tricryption" does seem to be obscure. It has no weird legal meaning related to security and encryption. The basic legal principle is that the patent claims must be "given their broadest reasonable interpretation consistent with the specification.” The applicant is also free to act as his own lexicographer, meaning the applicant is allowed to ...


3

The patent system is essentially designed to encourage advancement in science and technology. The patent office expects the applicant of a patent to disclose information about the invention for which patent protection is sought, to an extent that a person with ordinary skill in the technology, to which the proposed invention relates, can use the provided ...


3

You say you aren't sure if you checked the box. The box is on the ADS form, if you filed electronically you would have uploaded that form as a PDF. You should be able to look at the PDF and see if you checked that box or not. If you did not check it there is no way to change it for this application. According to the USPTO's MPEP 1122 Requests for ...


3

The current USPTO fee schedule can be found here ==> http://www.uspto.gov/web/offices/ac/qs/ope/fee010114.htm You will have to pay a basic filing fee, a search fee and an examination fee, presumably at the small entity or micro entity rate. Note that additional fees are required if you have greater than three independent claims or greater than twenty total ...


3

In most cases, it means no patent will ever issue and the application has gone abandoned. Addressing some misconceptions - Filing a patent application does not "hold" an idea in any official way. What someone sells need not correspond to their patent application or granted patent at all. Patents are not the right to sell, they are the right to try to stop ...


3

A patent specification is a techno-legal document based on which patent rights are decided. The patent document includes several section, which includes, title, abstract,specification, drawings and always one or more claims. Claims are the ones that defines the metes and bounds of an invention. In other words, claims define the scope of patent right. Claims ...


3

A provisional application is filed to secure an early priority date for your invention. Once you have filed a provisional application you may go ahead and file a complete application within 12 months of filing the provisional application. Please note that a provisional cannot claim priority from another provisional and for priority the earliest filing date ...


3

The PCT Applicant's Guide (National Phase) is the resource you are looking for. It contains a detailed guide on the WIPO Rules and Articles from the Applicant's perspective, and covers the time limits in detail, with pointers to information on exceptions for certain patent offices and explanations on how to address delays. From the table linked via the ...


3

If you are looking for a design patent, you should not file a provisional application. A provisional application cannot be used for priority for a design patent. For example, MPEP § 1504.10 provides: Design applications may not make a claim for priority of a provisional application under 35 U.S.C. 119(e). Moreover, the Convention period for a design ...


3

There does not seem to be any formal age requirement. This is sort of confirmed by 37 CFR § 1.63(c) (which relates to the requirement to provide an inventor's oath), which provides (emphasis added): A person may not execute an oath or declaration for an application unless that person has reviewed and understands the contents of the application, including ...


3

Whether or not you have the rights to the invention depends upon circumstances, such as whether the invention was created during your regular work hours, whether or not you used company resources on the invention, whether or not the invention relates to products and services marketed by the company or whether or not the invention was independently invented ...


3

This is opinion, as I'm not aware of any empirical way to measure this. I would suggest that scenario B should always be used. Assuming you have two separable inventions, then it makes sense that you would want to protect them separately, with separate description and claims, in order to maximise the scope of your protection. If they are described together,...


3

So far as I know, DonQuiKong's answer is correct. For my patents, generally speaking, the lawyers usually listed the main inventor's name first, but it really doesn't matter. Certainly there is no importance like in academic publications. For CV purposes, I list all my patents whether or not I'm listed first. I just list the patent number and title, no names....


3

USPTO permits filing of patent by individual inventor as applicant without patent attorney (lawyer). Company can be assignee and (I am not sure) need to be represented by registered attorney. Refer the answer by Puspak. Patent filing procedure without a patent attorney For inventor: a. If one is in India (assuming from your name), it is mandatory for ...


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