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Messages - Brad

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1) you have all of the forms needed to file
2) German address is okay
3) If you want the patent to be owned by the LLC, you must record an "assignment agreement"

If you need to get more specific information from me I would ask you at least sign up for our Basic Package here:
(note that we don't offer any support or packages for the assignment but we can record it for you for $150)

One way around this is to describe the invention or object by example.   So you can write:

In some examples the invention does A, B, C


In some embodiments, the invention does X, Y, Z

1)  The conference paper would be "prior art" the date it was put online or made public (usually a few months before the conference)

2)  The United States is now a "First To File" country meaning that whoever files the patent first wins.

Marketing, Licensing, and Selling an Invention / Re: Product Name
« on: March 18, 2017, 05:55:46 AM »
No.  There is no protection for a name based on what is used in the PPA.

Without knowing more its hard to give specific advice but in general I would try to get protection on the device itself and simply say that it may, in some cases, be attached or coupled to the widget.   

Patent Questions and Advice / Re: Issued past patent
« on: March 16, 2017, 01:33:27 PM »
You should be able to search by "assignee name" for companies here:


Patent Questions and Advice / Re: Provisional Patent Drawings
« on: March 12, 2017, 12:44:35 PM »
Photos are okay for the provisional (but not ideal).  The patent rules say you should use black and white line drawings.   A good patent draftsman should be able to convert photos to proper patent drawings for about $30-$50 per photo. 


Yes you can file multiple PPAs and we do this all the time, especially when you are making changes or tweaks to your invention.  You can than file a non-provisional within 12 months of your first PPA and link it back to multiple PPAs, or, you can file the non-provisional and just have it link back to a single PPA as long as the full non-provisional is filed within 12 months.

(I made a slight modification to your post to define PPA as being provisional patent application to help new people who may be reading this post later.)

To answer your question,

Patent Questions and Advice / Re: Patent and Unexpected results....
« on: March 04, 2017, 12:14:17 PM »
Using your example I would limit my claims to:

1.  A rice kernel with an outer surface, the outer surface fully covered by a solution, the solution comprising butter and marshmellows and the rice kernel having _______property_x___.   

(where property x is your unique result). 

Assuming that compound is new/different from the prior art, it should be patentable.   If they examiner claims its odvious you submit your data as unexpected results.  If the examiner still does not by it you either have to change direction and maybe claim the method/process steps or appeal over the examiner's head.

There is no way to extend or appeal the expiration of the provisional patent app if it expired more than 2 months ago.

Sorry, I do not know of a way for you to still patent this in the USA.  I would certainly suggest you get another opinion if possible but I just can't think of a way to do this.

Patent Questions and Advice / Re: Patent and Unexpected results....
« on: March 03, 2017, 07:57:02 AM »
If you are trying to claim a device that is already known and arguing that you found new properties P4-P5 which are not known (but the device is still the same) that is probably not going to be a success argument.

Look at it this way, lets say drug compound X was known and people knew it had a weight of 0.5 mg .   Just because you figured out compound X also has a melting point of  300 degrees C does not mean you should then get the patent on compound X because technically you were not the first person to invent it.

You may have better luck switching your claims to a method or application which is not shown or taught by any of the references.   Usually when people have a hard time claiming a device/product based on prior art that already shows that device/product they have to switch to method or application claims.

A final strategy may be to claim your device in combination with ____ and _____  where the fill in the blank items are new/different from anything shown before.     

I would speak to the examiner about it and see what they suggest.

Patent Questions and Advice / Re: patenting an idea
« on: February 28, 2017, 09:17:16 AM »
First I would ask "What is it about your necktie that makes it unique?"

If your answer is the way it looks (shape, design, pattern, etc) than you should probably file a "design patent".

If your answer is the way it works (i.e. the way it ties around the neck) than the answer is probably a "utility patent"

In some cases we can file both a design and a utility patent. 

For the USA case you have until midnight 11:59pm EST to file.   I don't know on the PCT rules and to play it extra safe I would make sure you file today or early tomorrow because it will be the 22nd in some parts of the world before its the 22nd in the US. 

Also, although there are not "extension", in some rare cases you can file up to 14 months later and file a petition to restore benefit to your provisional.  The petition fee for this is $850 on top of the normal fees and its only granted if the delay was "unintentional" (e.g. you did not know about the deadline).  In your case you know about the deadline and lack of funds and/or preparation is probably not enough to have the petition approved.

There are no extensions.   However, if you filed on February 21, 2016 you have until February 21, 2017 to file.

If money is really tight you could file your PCT first, then you can file your USA application that links back to your PCT anytime within the next 18 months.   The end results will be one USA app and one PCT app but you are spreading the costs out.

Sadly the PCT fee will sometimes be $3,000 or so all by itself.

Patent Questions and Advice / Re: Provisional Patent Basic and Claim Fees
« on: February 18, 2017, 08:10:37 AM »
Because claims are not required for the provisional application, I would keep all of the claims you wrote but don't put them into the "claims" section.  Instead, list them one by one in the BRIEF SUMMARY section of your patent application.   This way you will make sure they are all included in your application but you will not have to pay any fees when you file other than the filing fee ($65 for most people).

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