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If you don't have a viable alternative and you are wiling put in the work, why not. I would recommend the well known book: Patent it yourself, by David Pressman and the less well known book by Ronald Slusky: Invention Analysis and Claiming. Although provisional applications do not need claims, seeing the thinking behind claims should help you with ...
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You can also try USPTO Bulk Data. Enter your patent number in corresponding refine field. After filtering patents press Request download (XML).
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Regarding "if the Canadian guy's patent is rejected, can I try", I assume you mean "can I try to patent it".
The answer is no, insofar as what you want to patent is contained in (or obvious in light of) his patent application. You can only get a patent for something that is new, not something that is already in public knowledge (e.g. published for all to ...
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A pending patent application does not provide the owner with any enforceable exclusionary rights to stop others from making, using, offering for sale, selling or importing the claimed invention. So, you cannot be sued for infringement until a patent issues, if ever.
When a patent application is laid open (published) in Canada, the prosecution history (the ...
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The USPTO tries to follow the law and the rules. To show a person skilled in the art how to make and use an invention doesn't mean you need to give them production blueprints - especially in the "predictable arts". Also, the implementation the inventor describes doesn't need to work particularly well. One way to think about it might be "is there more ...
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Google is the clearing house for USPTO XML, via their Bulk Downloads site. The Grant Full Text is probably what you're looking for. The only company (that I am aware of) that currently offers full text XML on a per-patent basis via an API is Fairview Research (paid service with non-redistribution of XML source), and they are also the source of the Public ...
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Originally, there was a requirement that the inventor teach the best mode (that the inventor knows about) in the specification. In recent years, that requirement has been a bit relaxed, but it still is in effect.
Personally, I don't like obfuscation. If the patent obfuscates too much, it can potentially be rejected or invalidated as not being enabling ...
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Not an answer. Just comment too long to fit the comment section.
Such feature won't be seen as essential or even necessary. When studying patents, I sometimes feel that "Geeze, I need a 3D model to understand this". However, with some efforts, I can understand most mechanical patents.
It could easily become a trap for new or sloppy inventors. In preparing ...
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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 ...
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We are confused where to register the patent? US or Europe?
Patents are territorial. If you want to prevent competitors from using your invention in the US, then you'll need a US patent. If you want to prevent competitors from using your invention in Europe, then you'll need a European patent. Similarly for any other country you're interested in.
The ...
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Firstly, Form 25 (Request for permission for making patent application outside India) has to be filed by the resident of India in the Indian Patent Office before filing the patent application in other countries.
In case of USPTO, different options to expedite the examination process of patent application are Prioritized examination, Accelerated examination,...
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The US Patent Office has a Procedure known as both "Track I" and Prioritized Examination. That is currently the most effective way to accelerate through the process. If everything works smoothly, that process takes about 9 months from the day you file your application to the day that the patent issues. The fee for prioritized examination is $2,000 for ...
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It's only stupid if you plan to build a proper business plan around this idea and commercialize it. In that case, your provisional patent may not 'have teeth', and you wasted time and money.
Software patents are exceptionally tricky. You claims could hold no real weight, if challenged.... which is the only time that really matters. Remember that a ...
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Yes, it can. I did a quick search and found over 100 patents with a youtube.com prior art citation. The earliest citations I found are in US 7783710, US 7844507, and US 7934725.
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Recently the US and EPO adopted a new merged classification system CPC. I would use the EPO's CPC page to keyword search for classes and then use those classes in a US search by CPC classification.
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Most of the applications you are referring to are "PPH", Patent Prosecution Highway, cases. There are multiple ways to "get on the highway" but not every country lets an application get on the PPH based on positive action from any other country. The US has PPH in place with many countries. The idea is "work sharing" between ...
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My best advice is to ask other inventors you know. Also, the top person in town is very unlikely to edit and finalize patent applications written by the inventor. It's like the mechanic's sign: $50/hour, $60 if you watch, $80 if you help.
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Seeing that your profile says you're in Palo Alto and affiliated with Stanford, I think you could probably find a good patent attorney just by driving up and down Page Mill Road, or asking some of your colleagues. But perhaps you were looking for something more?
One approach is to look at successfully asserted or widely-licensed patents in your field and ...
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Creating a URL to the USPTO's published applications is ugly.
But, if you have a number of publications, one work-around is to create the links in the format required by the USPTO by using Excel functions and macros. A list of publication numbers can be placed in a first column, while portions of the constant 'boilerplate' text is placed in a second column,...
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There is an alphabetical index of USPC classes that you can use. For example, if you look up the word "mouse", you'll see that they are included in class 345.
http://www.uspto.gov/web/patents/classification/uspcindex/indextouspc.htm
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The time required to get a patent depends on various factors, some of which are:
The country in which the patent application has been filed
The field of technology to which the patent application relates
Steps taken to expedite the patenting process
Number of independent and dependent claims in the patent application
To get an insight on time taken for ...
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When Google patents says "also published as" it is not being precise and that is a primary cause for the confusion. As you are aware, each country has its own system of patent numbering. More fundamentally, the have their own entire patent systems. A Canadian patent number is not just a different name given to a U.S. patent. They may have the same ...
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Before publication, the examiner can't cite it. After it publishes, it can be used as prior art, back dated with the date of the filing or priority date.
To contrast a patent with other publications: There is a delay between when a a paper is submitted to a journal and when it publishes. Its date for counting as prior art is the day the first copy of the ...
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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 ...
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These are kind codes. They are effectively version numbers for published versions of the patent application. Every country has their own set of kind codes, but typically an A code (such as A1) represents a patent application, and a B code (such as B2) represents a granted patent.
The background behind this system is provided in WIPO's standard ST.16. WIPO ...
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The USPTO FAQ explains in detail (with examples) what can be included in concise description of relevance.
The concise description of relevance must not propose rejections of
the claims. Instead, the concise description should only set forth
facts, explaining how an item listed is of potential relevance to the
examination of the application in which ...
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If the applicant is a company (juristic entity), then it may only use a patent practitioner to prosecute the patent application in the US. If the applicant is an individual or group of individuals, then one of the inventors may prosecute the application pro se. A patent practitioner is an attorney or agent who have been admitted to practice before the US ...
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These are paragraph numbers. They are considered good practice to include since they aid referencing portions of the description, but are not mandatory.
They are described in a extremely detailed manner by 37 CFR § 1.52(b)(6), which provides:
Other than in a reissue application or reexamination or supplemental examination proceeding, the paragraphs of ...
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Yes. In a USPTO pdf it states -
"Once you have your Customer Number, you must also associate your current patent
applications with it. . . .
- Download and complete the Customer Number Upload Spreadsheet
To get more information and to download this form you can go to Electronic Business Center. People at the EBC are very helpful for this type of question. ...
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It's more than not necessary. It's not possible.
37 CFR § 1.51(d) provides:
Applicants are encouraged to file an information disclosure statement in nonprovisional applications. See § 1.97 and § 1.98. No information disclosure statement may be filed in a provisional application.
MPEP § 609 discusses this a little more:
Information Disclosure ...
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