Step by Step Guide to filing a Patent Againts someone
successfully license an invention or take a product to market requires research and the ability to talk to people about their invention. It is impossible for a manufacturer or retail buyer to make a product without seeing.
For good reason, many inventors are reluctant to share their inventions with people who do not know. Moreover, once the invention is publicly shared, international patent rights may be lost, and schedule a year in which a patent application US must be submitted, in general, they began to dial. For this reason, many inventors rush and submit a separate application, utility patent. Which deals with the uncertainties and also allows inventors to realize that his invention is “patent pending”.
However, this approach has several drawbacks. First, utility patents and patent applications may even cost several thousand dollars. Ultimately, the inventor can see that the load is greater than the benefit. Second, in the early stages, most models are still developing invention. Filing a patent could mean too early does not really reflect the designs and the most advanced designs. Third – and most importantly, in my opinion – that investment was made before the inventor has conducted market studies to validate actual marketing of the product.
Two solutions that many inventors – including me – use are present provisional patent applications and trademark applications for invention and product name or logo.
These offer the best of both worlds. At a fraction of the cost of a utility patent application for a provisional patent application it is not actually a patent. It can become a patent or becomes public, unless other measures are taken. A provisional patent application is a placeholder. In essence, the date of filing of the provisional patent application is claimed, as long as you decide to make a complete utility patent up to one year from the time of filing your provisional patent application. So if you decide to file a provisional patent application on March 1, 2010, and decided to submit an application for utility patent eleven months later, on February 1, 2011, the priority date of the patent application utility would considered the March 1, 2010, for almost all materials described and enabled in your provisional application.
What does it mean?
The date of filing of the provisional patent application, which has the right to write “patent pending” in its prototype and show you want. In the process, you will not lose its international patent rights and may still choose to file your patent application useful. But given a year to develop its product and information on the market before it actually makes the final decision on whether to file international patent applications useful and / or.
So how do you do that?
Although technically you can write and submit the application yourself, I recommend that you do with a little guidance and, at least, an examination by a registered patent attorney or agent.
There are three things to be careful when writing a provisional patent application, according to Stuart West intellectual property lawyer, West & Associates Founding Partner
Make sure the application meets the description and enablement requirements written 35 USC 112, which adequately describes not only the components of the invention and its connections, but also the operation of the invention.
Avoid using limit or restrictive language in its written description, such as “should”, “necessary”, “essential” or similar expressions.
Be specific, but wide, with descriptions. For example, if a nail holds together two pieces of wood, nail a precise description, but in general would be a “fixation”, or may simply indicate that a piece of wood is coupled with the second piece of wood.
better the second – and still underused – legal tool for inventors, in my opinion, are federal systems and various brands of public record. Here’s why:
Each product has a name, or should. Once you start using the name with potential licensees and customers, the invention becomes synonymous actually the name. I have seen this happen again and again. And there are so many element names might have to meet the criteria to be both attractive and capable of being registered once.
As well as giving much importance to the names of their product as possible, and include questions about the name of your market research. Once you install on your favorite name, brand name. Then, when speaking with potential licensees, use the name. (Note: I’m not saying you should tell them you’re hooked on the name). But if they are used to the name of your product, they will see your brand as another valuable asset that can bring to the table. Moreover, one can limit the likely potential competitors or expansion imitation products.
West said there are two things to understand about the use of the mark:
The Trademark Law of foundations are based on the principle of first use, first in right. The filing of a trademark application is generally used, but just use the mark. In fact, in some states, you must use the mark publicly before submitting a trademark application, and the system of the Federal brand, a brand must be used in interstate commerce before it can register. Therefore, the use of its brand.
Once you decide on your brand and adopted, you must identify it as a brand using ô or Æ as appropriate. Check local and state laws regarding the use of ô.
In most states, trademark rights can be regionally for free, simply by applying the shirt to a product (made by writing the letters “T” and “m” in parentheses. The writer and retracts T automatically raises for the appearance.)
Secondly, a trademark may be registered in the Patent and Trademark and other countries. This is a faster process, taking only 10 to 14 months. Once registered as a trademark in the United States, use the Æ (also written by inserting the “r” in brackets).