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a pending patent

Postby youngcreator » Fri Nov 19, 2010 12:49 pm

youngcreator
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if i send out an application to patent my idea how will i know if its actually pending?, or is that the moment i send it out and assume the us patent office has my application? then my second question is can i market my idea if i have confirmation that my patent is pending? and will my idea be protected?

Re: a pending patent

Postby Gizmo » Sat Nov 20, 2010 6:50 am

Gizmo
 
You can file by regular mail and wait for the USPTO to send you your application number. I suggest sending your application registered mail with a return signature.It will start a paper trail for you to follow.
You can submit a self­-addressed/stamped postcard with your patent application also, the postcard will be provided with both the receipt date and application number prior to it being returned to you.

The USPTO will stamp the receipt date on the postcard and place it in the outgoing mail. A postcard receipt which itemizes and properly identifies the items which are being filed serves as prima facie evidence of receipt in the USPTO of all the items listed thereon on the date stamped thereon by the USPTO.

The identifying data on the postcard should be so complete as to clearly identify the item for which a receipt is requested. For example, the postcard should identify the applicant's name, application number (if known), confirmation number (if known), filing date, interference number, title of the invention, etc. The postcard should also identify the type of paper being filed, e.g., new application, affidavit, amendment, notice of appeal, appeal brief, drawings, fees, motions, supplemental oath or declaration, petition, etc., and the number of pages being submitted. If a new application is being filed, all parts of the application being submitted should be separately listed on the postcard, e.g., the number of pages of specification (including written description, claims and abstract), number of claims, number of sheets of drawings, number of pages of oath/declaration, number of pages of cover sheet (provisional application).


Look at the link below,for additonal info.
http://www.uspto.gov/web/offices/pac/mp ... 00_503.htm

If you file electronically you will get a filing receipt from the USPTO. Look at the example in the link below.
http://www.bpmlegal.com/howtofr.html

Following the USPTO filing rules above will give you Patent Pending Status,
Last edited by Gizmo on Sat Nov 20, 2010 6:57 am, edited 1 time in total.

Re: a pending patent

Postby stereo-vision » Sat Nov 20, 2010 6:51 am

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Youngcreator, you should receive a conformation number from the USPTO a couple of weeks after filing. Yes, you now have 'patent pending'.

Re: a pending patent

Postby stereo-vision » Sat Nov 20, 2010 6:53 am

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Sorry Gizmo, We must have sent the SUBMIT button at the same time.

Re: a pending patent

Postby youngcreator » Sat Nov 20, 2010 4:47 pm

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thanks alot guys. ive been trying to get all the necessary information before sending in my utility design. now i just need to figure out if there will be a market for my idea

Re: a pending patent

Postby Gizmo » Sat Nov 20, 2010 5:12 pm

Gizmo
 
youngcreator wrote:thanks alot guys. ive been trying to get all the necessary information before sending in my utility design. now i just need to figure out if there will be a market for my idea



You should of been digging into the marketability of your product long before considering any type of patent app filing.. Are you thinking about filing/writing a non-provisional patent application on your own. If so I suggest using a Patent Attorney or Agent.