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Provisional or NPA, to beat publication

Postby pending » Sun May 08, 2011 6:37 pm

White Belt
Posts: 18
Joined: Fri Oct 29, 2010 7:02 pm
Thanks for the help here recently; it guided me through the first invention decisions. Here is my new/current situation:

About 4 weeks ago a new invention began. Being new, it's changing weekly/daily. I'm in the U.S, and I've learned not to go posting things online right away, but a possible competitor in the U.K. is posting very similar ideas already, and with a few small changes he will be posting the exact current invention. My goal is to patent in and out of the US, and of course if he figures it out and posts it, it will eliminate out-of-US patenting. (I myself will not be posting, publishing, selling, or even talking about the invention until it is finalized).

So requirement number one is for me to get something filed before he posts; this will allow me to pursue patenting, in the US and out, when invention is finished. Requirement number two is the amount of upcoming changes to the inventions that are going to happen. There is one main feature which defines the invention; without it there is no invention. But the remaining seven or so ancillary features help greatly, and are changing rapidly. Which of the following should be filed to satify the two requirements?...

Ongoing Provisionals: They would be refiled as each change occured to the invention. None would reference the previous, therefore they could go for a long time before an NPA was needed. If the UK person publishes at any time, I would immediately file an NPA, referencing the most current provisional that was before his publishing.


NPA or PCT: Start with a non-provisional, request non-publish, and abandon/withdraw the NPA as needed in order to to start new application with new version of invention, and new timeline.

Thank much.