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Messages - zozem

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Patent Questions and Advice / Changing a Patent Name
« on: July 10, 2013, 03:30:34 PM »
It is understood that the non-provisional patent must make reference to the provisional patent. Given this connection, do the titles need to be identical? Or is it allowable to change the title when filing the non-provisional patent?

At this point I would simply describe the different designs as "embodiments" into a single provisional application to save money upfront.  This is just a fancy way of saying there are different ways or different examples of how your invention can look or work.   So you could have "Preferred embodiments" where you would describe the best designs that you think you are likely to use.  Then, you could describe "Alternative embodiments" where you talk about your other designs.

In this case, would it be appropriate to categorize the claims as, Embodiment 1 and Embodiment 2? Then, would the Figures and Detailed Description sections, also include categories for Embodiment 1 and Embodiment 2?

PatentFile Website Questions and Reviews / Fantastic Course!
« on: July 03, 2013, 08:43:22 PM »
I just filed my first provisional patent. There was a lot to it.

Your step by step videos were just what I needed.
First I watched them all to get a once over, on the whole process.
Then, each step of the way, I watched the pertinent video again.
That last video, "How to Submit a Provisional Patent Online,"
was the best. I played and paused that one, through every screen
of the the whole online submission process.

Filed! Easy. No problems. Thanks Brad!

Patent Questions and Advice / Scope of Protection: internationally
« on: July 03, 2013, 04:57:00 PM »
If I file a patent in the US, I know this gives me legal recourse, in the event someone else in the US decides to manufacture my invention.

Let's say I don't file an international patent. This leaves an open window, such that my invention could be manufactured abroad, legally.

Would I still have legal recourse, if say, my invention was manufactured in China, then shipped to the US. Of course I could not reproach the manufacturer, but what about the distributor, who is selling my invention in the US?

Patent Questions and Advice / Brief Summary: numbered references?
« on: July 01, 2013, 06:03:11 PM »
Are the numbered references used in the Figures, appropriate in the Brief Summary, seeing how this section is located  before the Description of the Drawings?

Patent Questions and Advice / About numbering Patent App Headings
« on: June 19, 2013, 07:14:09 PM »
Thanks Brad-- I signed up for your mailing list and have downloaded your, free-provisional-patent-template.

I noticed that some of the heading titles like, TITLE, INVENTOR and CLAIMS are not numbered. While others like BACKGROUND, DESCRIPTION OF DRAWINGS, and DETAILED DESCRIPTION, are numbered.

Is this a convention? Would it be okay if I just went ahead and numbered ALL new paragraphs?

Patent Questions and Advice / Copying Patent References Allowed?
« on: June 19, 2013, 05:31:54 PM »
During my patent search I uncovered numerous other patents in the same narrow field of design. In the References sections of these issued patents, I see additional references, to other relevant patents.

These references include a patent number, and a brief summary. If these same references, would be appropriate for my patent application, would it be okay, to copy the summary, and use them in my patent application, without modifying the text?

Question: Is the text of issued patents considered public domain?

Patent Questions and Advice / Patent Figures/Drawings questions
« on: June 14, 2013, 01:31:00 PM »
I understand that we can use either word: Drawings or Figures.

This applies to the entire drawing.
But when making reference to the numbered points,
what is the proper terminology there? Point 1, Point 2, etc?

Also, in the "Brief Description of the Drawings" section,
would it be appropriate to describe each of the numbered objects,
being pointed to? Or would this be considered too much detail?

(I only have 1 drawing)

Patent Questions and Advice / Re: Page Breaks
« on: June 14, 2013, 10:45:31 AM »
Thanks! That's exactly the answer I was looking for.
I didn't realize that the drawings had to be in a separate file.

Where might I find a list of the various files that make up a non-provisional patent?

Patent Questions and Advice / Page Breaks
« on: June 13, 2013, 06:47:39 PM »
I'd like have my drawing and the description of the numbered figure references on the same page.

Is it okay to put a page break in, to make this happen?

Patent Questions and Advice / Question about disqualification
« on: June 13, 2013, 05:26:00 PM »
In I head you say that there are a lot of very specific requirements about how a non-provisional patent needs to be formatted. IE: margins, width of lines, etc.

If a non-provisional patent is filed, where for example, the width of the lines in the drawing are too wide, or the margins are too narrow. Does that disqualify you from all claims? Or does the examiner, request you re-submit the application with the errors corrected?

Thanks for the reply. I'm glad upgrading is a option. But I'm confused about your second sentence.

"However, I do not provide any specific advice or guidance on preparing non-provisional applications."

The Gold Package says, up to 3 hrs of email support, up to 3 hrs of phone support, and a review of Patent Files. Does this mean that, even with the Gold option, you would not be able to review my non-provisional patent application?

I am in the process of preparing a Provisional Patent. And I'd like to use your "Advanced Template" which I see is available as part of the Basic Package. That's fine.

But lets say in a few months from now, while I'm preparing the full patent application, I decide I need more help. Would it be possible to upgrade to the Gold Package, at that time?

Considering that the provisional patent application will not read by a human being until after the actual patent applications is filed; that it is primarily only to determine the date of authorship; would it be okay to use a clear black and white photograph instead of a mechanical drawing?

Thanks for your quick reply Brad. That article was very informative. I found this excerpt particularly relevant.

"I include at least one extremely broad, never likely obtainable claim in a provisional.  First under US law, it is true that a provisional need not include one in order to be considered valid.  But foreign courts can say otherwise and render the US provisional invalid in a foreign court.

So if you present a very broad claim initially, you can amend narrower.  But if you present a narrower claim first then realize that you can go broader, you cannot amend to go broader."

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