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How safe is it to go without getting a provisional patent?

Postby Contextion » Sun Mar 25, 2007 2:21 am

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My design may have to change a bit for it to optimally perform so I would have to get another provisional patent if i got one beforehand. If I go with my non optimal device onto the show to demonstrate its supremacy over the usual way will AI help me figure out all the other patents involved and get the paperwork correct to turn into the patent office?

It seems like the show could act as evidence of whom the inventor was if no patents beforehand are filed for the product. If anyone trys to file a patent for a product on the show after the airing they should be denied.

Postby scrapbookdi » Sun Mar 25, 2007 7:04 am

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I don't know but I am guessing that once your invention is seen, anyone could make changes to it to call it their own. But that is only my guess.

Good luck!

Postby Contextion » Sun Mar 25, 2007 7:33 am

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From AI website:

8. Do I need a patent or patent application before I come to the audition?
Having a patent or patent application is not a requirement for the audition. However,
appearance at the audition and/or on the show may affect your ability to patent your idea
in the future and in foreign countries. Prior to attending the auditions, you are strongly
encouraged to consult with a registered patent attorney regarding your intellectual
property rights and whether you should file a patent application.

I do not understand what I should do if I want to sell my invention in other countries!

Also can my provisional patent be a little vague so that if my design changes it will still be covered since it will still be performing the same function but just have different mechanics? Say for instance my invention pushes air out to make an everyday process better. Could I get a provisional patent for my product so that it covers it no matter which mechanics are used to push the air out?

Postby Contextion » Mon Mar 26, 2007 4:21 am

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Is it too late for me to get a provisional patent since its takes a couple of weeks to get a professional patent search done?

Postby Road Show » Mon Mar 26, 2007 7:39 am

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A couple facts about provisional patents. Foreign countries recognize only actions taken with the US Patent office. If your invention has been disclosed to the public prior to filing a provisional or regular US Patent application, you will have lost your ability to enter the foreign arena.

No, your provisional cannot be vague. It gives you a year to tweak, make, market etc. your invention, you can only claim the benefit of the earlier provisional filing date if your patent application is restricted to the contents of the provisional...you cannot add anything new...so a vague provisional would not work anyway.

You do not need to do a patent search prior to a provisional application. The provisional application isn't even looked at and they aren't concerned with prior art at this time. When a regular patent application is filed that claims the benefit of an earlier provisional filing date, then the provisional is looked at to see if what is claimed in the regular app. is supported in the provisional.

Postby Contextion » Tue Mar 27, 2007 2:15 pm

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Well the only local patent attorney - in the phone book - near my town wants $1500 to do my provisional patent so Im going to do it myself for $199 with http://www.neustel.com. They do not do not review to ensure that I am satisfying the legal requirements of 35 U.S.C. 112, first paragraph. Which is:

The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.

The only problem I have is with the "process of making it". I do not know if it is how to make the parts or how to put the parts together. Do I need to write assembly instructions?
Last edited by Contextion on Tue Mar 27, 2007 6:03 pm, edited 2 times in total.

Postby Road Show » Tue Mar 27, 2007 3:23 pm

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That sounds like a great question to ask of the inventor assistance people at the US Patent Office. Go to their web site and get the contact information, then call. I don't think you are required to give any of the HOW TO MAKE information until the Reg. Utility Patent Application is filed though. Just to make sure you should call them...

For more information on Patents and Trademarks, please call:

800-PTO-9199

800-786-9199

or
571-272-1000

RSG

Postby Contextion » Sat Mar 31, 2007 5:06 am

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Just so you know, I called USPTO and they said I dont have to say how its made if my drawings show good detail of all the parts.

On a side note, someone needs to invent a document program that document writers use so you can click on any word or phrase and get the context of the word so you can know exactly what definitions are meant.

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