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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 ...
Eric S's user avatar
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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 ...
Maca's user avatar
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2 votes
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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 ...
Maca's user avatar
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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 ...
Patent Pending Guide's user avatar
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): ...
Maca's user avatar
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2 votes
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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 ...
George White's user avatar
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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 ...
Maca's user avatar
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2 votes
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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 ...
Yan Li's user avatar
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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 ...
AD Adhikary's user avatar
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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 ...
George White's user avatar
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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 ...
DukeZhou's user avatar
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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 ...
James's user avatar
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2 votes
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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 ...
George White's user avatar
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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 ...
George White's user avatar
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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 ...
George White's user avatar
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Does the inventor's citizenship have to be indicated when filing a patent application to the USPTO?

For national applications - Yes, before the AIA, no after the AIA. So currently no. Separately, there are issues involving PCT applications. You can only file a PCT application in a location where at ...
George White's user avatar
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How was this Bitrex based repellent invention able to be patented while there were already similar bitrex based products invented before?

First of all, the cited document is an application, not a patent. Applications do not necessarily get granted and even if they do, it is common for the claims to be narrowed. With respect to the US ...
Eric S's user avatar
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2 votes

Which countries require inventors to get a permission (e.g., a foreign filing license) to be allowed to file a patent in another country?

Many countries have some similar requirement. The WIPO lists 34 member states with some foreign filing rules. Some require it if the inventing was done in their country, others have rules for ...
George White's user avatar
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1 vote

Can I refile my own provisional patent that has lapsed due to delay in responding to USPTO?

Yes It would an entirely new application regardless that the content was the same. It will get no advantage (or disadvantage) from the first filing. If no one else did anything in the field that ...
George White's user avatar
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1 vote

Common Pitfalls of filing NPA submission at USPTO

Some last minute things you might check are that - you are filing a specification, claims and drawings. The first sentence of the application needs to correctly claim priority to previous ...
George White's user avatar
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1 vote
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I'm writing a provisional patent application for my app, and I have a couple of questions

Let me preface this by saying I am not a lawyer, but I am an inventor with several patents including algorithm based patents. As always, I highly recommend you work with an actual patent attorney. ...
Eric S's user avatar
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1 vote

Order of Patent Inventors on a Patent Application

I think the key difference is that with a research paper or peer-review article, credit for the work is the tangible compensation. (All for the glory, if you will;) With patents, we're in the ...
DukeZhou's user avatar
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1 vote

Soffer, Softer, Soifer

This is the result of imperfect optical character recognition of an old patent. Try reviewing the pdf version. Google patents tries to automatically generate a text version of the patent. For old ...
Eric S's user avatar
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1 vote

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

After few searches, I found the answer in the following example given by USPTO: https://www.uspto.gov/sites/default/files/aia_implementation/oath_declaration_examples.pdf I put it just in case ...
Sitra's user avatar
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1 vote
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Are hand drawn diagrams sufficient for provisional utility patent?

Yes, hand-drawn diagrams are sufficient. If the drawings in the utility application are simply better (professional draftsman quality) versions of the hand-drawn ones with no additional information, ...
Aldo's user avatar
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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. ...
Upnorth's user avatar
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