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FAQ: Pro-active Publication, vas ist das?

Postby bottleslingguy » Fri Sep 28, 2007 1:39 pm

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FAQ: What is a "pro-active" publication and how does that protect my invention?

Postby Scrupulous » Fri Sep 28, 2007 2:29 pm

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Das ist ein...

Bottleslingguy! :evil:

It is a way to take advantage of the 12-month U.S. grace period, which allows an inventor to publicize, advertise, use or sell his/her invention before filing for a U.S. patent on it. In a way, it's like a provisional filing in that it gives you a "trial' period to explore your options before incurring the cost of a regular patent application.

The 12-month period is fully independent of the 12-month period given with a provisional filing. Technically, an inventor can enjoy almost 24 months of priority, before filing a regular application.

A pro-active publication can be made in print, on television, on the internet, and so on. It must disclose enough detail about an invention that someone else can appreciate the inventive step (in layterms).

It doesn't provide patent pending status on its own. But, it can be used to establish priority without question. Large companies sometimes prefer this method over filing patents for incremental improvements to their own product or service lines. And, since it costs little or nothing, it can be a powerful tool for the independent inventor.

Postby bottleslingguy » Fri Sep 28, 2007 8:43 pm

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That's amazing! (we are allowed to expand answers)

No one told me this earlier. I guess I would prettymuch have to have my ducks in a row regarding the invention, though. In otherwords, if there were still parts of my invention that I didn't know about, like are there simpler, easier, less costly, better or different ways to do the same thing, I would have to be sure I explored those areas first. If I didn't take care of that first and then make sure people were interested I would be guilty of confirmational bias, death dirge of the budding inventor.

So, should I make sure I know my invention like the back of my hand- of course I should. That would be before I started telling people about it. At first you should make sure you have more than just a feeling the invention will work and that you've considered it from many different angles, then you could show it in public and try to create a buzz and build from there.

That's a pro-active publication. If I claimed I had a method to cure baldness I could post a video on YouTube showing how and have two years before I had to formally protect myself. That's amazing!
Last edited by bottleslingguy on Sat Sep 29, 2007 2:12 pm, edited 1 time in total.

Postby CriterionD » Mon Oct 01, 2007 4:14 pm

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A pro-active publication - by serving as prior art - will also be capable of preventing others from acheiving patent protection pursuant to your invention even if you do not end up taking advantage of the 12 month grace period. As a result, such publications are also referred to as "defensive" publications.

Further, while you may be able to take advantage of your 12 month grace period in the US, proactive publication (in lieu of a previously filed patent application) will hinder your ability to obtain foreign patent protection.