Invention

[SuperDrifter]

Teton, when we file for a provisional, we are Patent Pending for that one year. Conversion or not...What confuses me is the public disclosure part, you said, "1 year statuatory bar rule, so if anything with your invention in it is published or sold one year before you file you are out of luck" so how about all these products we see w/ "US Patent Pending #XXXXXXX" (they have obviously publicly disclosed their idea) see the confusion?

thanx for giving us the 411.

 

[teton]

yeah sorry about the confusion, what I was saying is that if you publish or sell any new invention you have 1 year from that date to file a provisional application (patent pending.) If you wait longer than a year you are barred under US statute from getting a patent on YOUR OWN IDEA

If you file your provisional you have 1 year to file your non-provisional application (what gets you an actual patent).

The provisional application grants you no rights except for a filing date....its like saying "dont bother trying to steal my invention I already have a better filing date than you,"

If you just file a provisional and wait over a year your case will go abandoned at which point neather you or anyone else can get a patent on the idea.

most patents take way over a year to get though prosecution ...there is a huge backlog at the patent office...and all patent applications are published after 18 months (called a pre-grant publication or PGPub)...so it may take several years before the inventor actually gets a patent for the invention, its all about the filing date. This is why you see patents in "pending" status for so long.

 

[teton]

Don't forget that if you Publish or show your invention publicly before filing you may be bared from obtaining any international patents

teton, cool job ! do you work with any paticular clasifications, or do you examine anything and everything ?

Did the KSR ruling change how you examine applications ?

Thanks......Yes everyone here works for a specific classification I'm in electrophotography....

Court rulings constantly change the way we examine....As for KSR there are and will be changes... obviousness is now viewed differently and some changes to the appeals process which Im not exposed to much (appeals is handled by a different sector)....It lead to the patent reform act of 2007.

 

[Motorheads5]

I don't want to discourage you. I have been through the ever so dissapointing patent process. the best thing you can do unless you have alot of money and can manufacture it yourself quickley. do like the other guy's say except send it to yourself registered and start showing your idea to the already existing trailer manufacturer's and try to get a percentage if they like and build your idea. good luck. you have seven year's to make it work for you. then anyone can manufacture your idea.

 

[vjhardcore]

Is it just me or does anyone else wanna know what the idea is?

I don't wanna make one - I just wanna know/see what you wanna do?

:wall:

 

[tbaer]

i would like to know what it is. Hey man before spending the money maybe you should do some market research by asking certain people what they think. I.E. would you buy this, how much would you spend, what would make it better...