Patent and Invention Help Forum

Dangers of delaying the patent?

Doinny Case

Dangers of delaying the patent?
« on: March 14, 2018, 08:42:58 AM »
The idea has taken ten years of research to develop and refine. Once the full idea had been completed, a mock-up  built from counter parts and tested in several locations, it was time to start a patent. Contacting an engineering firm I was informed the prototype, drawings, approvals and patent submissions will all take from six months to one year. How can the dangers of losing the idea be covered until everything is in place? Can a working mock-up dating back to 2012 give a patent override should someone file without proof they had it prior to that date?
« Last Edit: March 14, 2018, 10:14:06 AM by Brad »


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Re: Dangers of delaying the patent?
« Reply #1 on: March 14, 2018, 10:17:16 AM »
A few years ago the United States moved to a "First To File" patent system which means whoever files their patent first would win, even if the other inventor had the idea 10 years earlier.

For this reason it may make sense to at least file a quick "provisional" type patent application to lock in your patent date as soon as you can and then you can follow up anytime in the next 12 months to file the full (non-provisional) type patent application.  Here is a sample timeline:

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