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Messages - Brad

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1
Patent Questions and Advice / Re: Timing Is Everything, Or Is It?
« on: May 26, 2017, 01:02:30 PM »
You cannot claim priority from one provisional to another or cite the earlier provisional.  You would essentially have to file your updated provisional as a new stand-alone application.   You would then file your non-provisional within 12 months of your first provisional and have the non-provisional link back to both of your provisionals.

If you think this new improvement is important and would be a big selling point of the invention I would play it safe and spend the $65 to file it as a new application and then follow the strategy I outlined above.






2
General Non-Inventing Discussion / Re: Big Thanks to Brad
« on: May 25, 2017, 05:29:06 PM »
Great advice.  Thanks for sharing.

The good news is that 95% of all mistakes can still be corrected with the patent office (sometimes you have to pay a fee).  The biggest mistakes that cannot be corrected are forgetting to include important details about your invention or forgetting to upload a figure (or multiple figures).    If you make a mistake like that you are not allowed to go back and try to add it later.




3
This is a common questions and I have seen attorneys argue either for or against copying from other patents.  In theory patents are supposed to be in the public domain so many don't see anything wrong with copying from them.

My personal (non-legal opinion) is that you should not copy word for word and at least try to re-phrase and re-word things a bit. 


4
Patent Questions and Advice / Re: PPA vs. design patent
« on: May 23, 2017, 12:03:25 PM »
Two things can have the same function and still be patentable as long as the way they accomplish the function is different.

For example, a paper clip and a binder clip both do the same thing (hold papers together) but they each work in different ways and have different components to them so they could each be patented. 

If you think your garment has a new and different way to accomplish the function than I would most certainly try for the utility (PPA) patent.   If you have the budget we could also apply for a design on the way the garment looks but usually the utility provides stronger coverage so if you had to choose just one I would do the utility.


5
Patent Questions and Advice / Re: secret details?
« on: May 17, 2017, 08:03:35 AM »
If someone could buy your product and easily see all of your "secret details" they are not really secret.   What I meant by not including secrets in your patent application is that you don't want to include stuff which does not directly relate to your invention.

For example, people sometimes put business plan type information in their patent such as who they would try to market or license the invention to.  That is not needed and would be better kept as a secret. 

6
Patent Questions and Advice / Re: Provisional Patent Drawings
« on: May 10, 2017, 12:04:12 PM »
You can have as many pages as you want but anything over 100 pages may have an extra fee.

I would show them both connected and "exploded view" which is what we call separated apart. 

7
Patent Questions and Advice / Re: Provisional Patent
« on: May 06, 2017, 05:27:26 AM »
Hi,

I just sent it to you by email.   You can also get it directly from this page (you should see a place to enter your name and email address about half way down):
http://patentfile.org/free-provisional-patent-template/





8
Sorry we don't do any legal contract work.  We only write patents.  You will have to find an attorney (preferably located in the state where the agreement is going to be enforced) that understands licensing.  Check out this directory:

http://www.licensingcertification.org/clp-registry/


9
Patent Questions and Advice / Re: sports prediction patents
« on: May 04, 2017, 11:15:27 AM »
Patents (by law) have to teach the details of how the invention works (i.e. the secret sauce).   If they key part about your idea is the algorithm, there is a high probability the patent office may say you did not teach all of the details on how your invention work sand therefore reject your patent.


10
Patent Questions and Advice / Re: sports prediction patents
« on: May 01, 2017, 07:08:50 AM »
In general I would think these types of inventions are better kept as a "trade secret" because once you put the algo into a patent app and the patent app gets published on the internet everyone can read it, exploit it (without you even knowing) and then it becomes worthless.

Patents are usually best if you can easily determine if someone else is copying you and then you use your patent to stop them.  How would you know if some sports better in the UK was using your algo?  You  couldn't so you could not possibly enforce this type of patent.   There are some other reasons to file for a patent such as raising money from investors but I don't know if that is what you are looking to do and any good/sophisticated investor should have the same concerns about enforceability.

Sorry this does not really answer your question but I would strongly re-consider a patent for this type of work.

*THIS IS BUSINESS ADVICE - NOT LEGAL ADVICE


11
Patent Questions and Advice / Re: Use of other patented components
« on: April 30, 2017, 04:42:51 AM »
Yes.  As long as the combination is new and not obvious. 

12
The link you posted was actually a patent "application" and not the patent which was issued.  This is important because you have to look at the "claims" section to see what was approved by the patent office and this usually changes between the publication of the application and the final issued patent.

The final issued patent is here:
https://www.google.com/patents/US7066640

Please look at their claims to see what exactly they had to narrow their invention down to in order to get it approve.  This post I wrote may help give you guidance:  http://patentfile.org/what-are-patent-claims/

13
Patent Questions and Advice / Re: Question on this Linkedin patent
« on: April 24, 2017, 10:12:54 AM »
The link you sent was not a patent.  It is an "application" so at this point we have not idea what type of coverage or protection this will get (if any).   When/if this patent application is allowed and issues as a "patent" you would have to look at their CLAIMS section to see what their patent actually protects.

*Determining infringement requires careful legal and technical understanding.  You should always check with a patent attorney to determine this.


14
If you are filing as an individual you may qualify for "micro entity" which means you only pay $65 to file the provisional.  To see if you qualify check out this calculator (created by me):
http://microentitycalculator.com/



15
If its "Joint IP" that means you both own it and if they fail to meet their end of the deal your license with them is terminated (including your exclusive license to the joint IP) and you are then free to license the original IP and your undivided interest to the joint IP that you jointly own with them.    Ideally your first patent is "domineering" meaning that even if you both co-own the joint IP the company who you dumped could not still make or sell it without your license. 


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