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4 votes
Accepted

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

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 ...
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4 votes

Order of Patent Inventors on a Patent Application

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 ...
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3 votes

about filing and making of prototype

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: ...
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3 votes

PCT Application

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 ...
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3 votes

Can a same provisional application be filed in two different countries?

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 ...
3 votes

Patent During Software Development - When is the best time?

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 ...
3 votes

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

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 ...
2 votes

Is it reasonable to write patent documents on your own?

80% of a patent you can write yourself. I have written over 50. The process is very straight forward as long as you understand how to organize it. I have probably saved over $100,000 writing my own....
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2 votes

This is my Grandfather's patent

For the purpose of this answer, I'm assuming you are in the United States. Patent law varies country to country so this is important, if you aren't in the US, please edit your question. Locating a ...
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2 votes

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

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 ...
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2 votes
Accepted

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

When you say "...and then convert it to a full patent in 1 year..." I assume you mean you would like to file a non-provisional application and claim the benefit of (domestic) priority under 35 U.S.C. ...
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2 votes
Accepted

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

Is a provisional utility patent the way I need to go? Possibly, but not for the reasons you suggest. A good provisional does not take less time than a non-provisional, as the drafting process is ...
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2 votes
Accepted

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

I can only speak regarding the US patent system. Does the patent become abandoned? Yes, see the rules on Notice of Allowance. The issue fee is due within three months of receiving the notice of ...
2 votes

How old do you have to be to file a patent

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): ...
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2 votes
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Working in a large organization - have idea of my own-some questions

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 ...
2 votes

Protections for selling a business idea

"Business Ideas" cannot be patented, only novel processes that are not deemed wholly abstract. Thus, if you had a design for a new type of engine, you could seek a patent. But if you had an idea ...
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2 votes
Accepted

Risks of splitting invention into multiple patents?

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 ...
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2 votes
Accepted

Filing with PCT first before any national application

If the first application you file is a PCT application its filing date will be the priority date for everything that flows from the PCT filing. You can take advantage of that priority by entering ...
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2 votes
Accepted

New data visualisation - Design or Utility patent

This is an answer assuming US patent law. A design patent is for the ornamental appearance of an item of manufacture. An example would be a vase with a specific color, shape, and artistic design. You ...
  • 26.2k
2 votes

can foreign company file patent in USPTO without a lawyer?

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 ...
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2 votes
Accepted

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

Thanks for all the comments. Answering my own question. I first called the number of the Pre-Grant Publication Division at (703)605-4283 according to the SB/36 form, but that number turned out already ...
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2 votes
Accepted

Revision of an application after submission, when responding to a deadline to maintain family continuity

Under the AIA there is a provision to file an, essentially, no-content continuation. Use the File by Reference option on the ADS form. You need to follow up with specification, drawings and claims ...
  • 26.2k
2 votes
Accepted

Can an individual applicant assert micro entity status for their 6th patent if they asserted small entity status on their 4th application?

NO - one is not entitled to a certain number of micro-entity filings. The section of the form one must sign - 1.27. (2) APPLICATION FILING LIMIT – Neither the applicant nor the inventor nor a joint ...
  • 26.2k
2 votes
Accepted

WIPO Rules about drawings

The PCT process is strict about drawings, much more so than the national USPTO process. If you are lucky when you get "an invitation to correct defects" you will be able to fix the drawings ...
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1 vote

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

click the Revalidate button to get a screen which includes Delete buttons.
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1 vote
Accepted

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

The manuscript should be considered to be confidential until publication, unless the submission process makes it publicly available (e.g., via a web site). This means that you have time to file a ...
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1 vote

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

Generally the contents of unpublished abandoned applications are not available to the public unless the application is later referenced in one that is published, or in an SIR or otherwise relied upon. ...
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