Messages

1

Patent Questions and Advice / Re: Moving from PPA to NPA

« on: May 11, 2016, 11:37:07 AM »

There are two things I can think of, both are not ideal and not recomended but people do them all the time:

1.  Re-file the PPA (assuming you did not sell or publicaly disclose the invention more than 12 months ago).  This is the cheapest option but you will lose your first PPA and lose that original filing date which is risky.

Thank you Brad,
considering my PPA has expired a month ago. Can I file it again without changing anything ? Do I need to mention that it was already filed previously ? Do I need to refer to the previous filing somehow ?
Else I could file a new PPA and adjust a few things, clearly loosing the original filing date.

THX

2

Patent Questions and Advice / Re: Moving from PPA to NPA

« on: April 03, 2016, 04:00:03 AM »

Hi Brad
is there a way to extend the PPA without filing the NPA ?
I know there are companies which prefer to keep the "patent pending"status for many years without filing for the patent. This way they claim the can extend the time coverage and do it only when necessary (usually when VC/investors bring money).
ANy idea ?
THX

3

Patent Questions and Advice / Moving from PPA to NPA

« on: March 09, 2016, 05:32:02 AM »

Hello

in less than 4 weeks my Provisional Patent application is about to expire and it is time to file the non provisional one.
A few questions:

1) My filing date for the PPA is April, 3rd 2015. DO I have time til April, 2nd 2016 to file the NPA online ? I am assuming filing the NPA online will be safer cos of possible delays of snailmail.
2) I understand the text in the NPA doesn't have to be a copy/paste of the PPA and I am allowed to do some modifications. However the substance of the claims should be the same and if I will have some new claims, these will not have the original date of the PPA. Meaning that new claims will be considered as such and will have new filing date (newer).
Is the USPTO office spitting them and eventually giving me two different patents or files (one with old claims from PPA and one with new claims filed with the NPA) ? Or how should I properly file new claims which will be substantially different from the original PPA ? What if my judgment in what is different and what is not will differ from the USPTO? How they will handle my NPA if they will judge that some claims are too different ? Will they grant a patent including only the claims they consider close to the original ones from the PPA ? What will happen to the claims in NPA which they will consider too different from the PPA ? (Hope I was clear enough).
3) How can I file myself the NPA ? Is the process similar to the filing of the PPA ?

THX
CIPO

4

Patent Questions and Advice / Got it and thank you !

« on: April 23, 2015, 06:20:35 AM »

Hi Brad
I wanted to express my gratitude and say thank you.
Just by reading all the info you provided on this site and forum but also getting your valuable answers to my questions, I managed to file my PPA.
Today i got the written confirmation from the USPTO (I live in EU) and I can now use the "Patent Pending" status.

THANK YOU
CIPO

5

Patent Questions and Advice / Re: When can I start manufacturing and selling my idea?

« on: April 04, 2015, 07:01:18 AM »

I did file my PPA online (following your guide), I got a message "@USPTO received your submission at xxxx/date.
The Acknowledgement Receipt should be viewable in Private PAIR within an hour."
I guess I should still wait for a paper letter which will confirm the acceptance of my submission ?
THX

6

Patent Questions and Advice / Re: Credit card payment for PPA

« on: April 04, 2015, 06:57:41 AM »

Problem solved: I did apply online and paid the fee online so no need to attach any payment form.
thx

7

Patent Questions and Advice / Credit card payment for PPA

« on: March 29, 2015, 02:16:04 PM »

Hi Brad
I am filing the docs need for the PPA. I read I should fill out the form 2038 when paying the PPA fee by credit card.
In that form on the bottom I should Indicate the "Description of Request and Payment Information: ", I wrote the text "Provisional Patent Application fee (micro entity)" in that field.
Should I also thick the box "Patent fee" ?
THX

8

Patent Questions and Advice / Re: Correct "PROVISIONAL APPLICATION FOR PATENT COVER SHEET"

« on: March 29, 2015, 01:56:06 PM »

It seems it is still the last available form on the USPTO site
thx

9

Patent Questions and Advice / Correct "PROVISIONAL APPLICATION FOR PATENT COVER SHEET"

« on: March 29, 2015, 01:43:59 PM »

Hi Brad

in this page of you site: https://patentfile.org/how-to-file-a-provisional-patent/
There is a link to the "Provisional Patent Cover Sheet or Transmittal Letter" PDF file, however that PDF says "Approved for use through 01/31/2014".
Since it is "expired" can it be still used ?

THX
CIPO

10

Patent Questions and Advice / Re: When can I start manufacturing and selling my idea?

« on: March 29, 2015, 01:36:39 PM »

Just a confirmation on this: do you need to wait to get a written answer (waiting some weeks) before starting to openly talk/advertise your invention ?
Or you can start before getting any feedback but just after shipping the letter with the application ?
Am I allowed to do anything while waiting for the confirmation ? E.g. showing the invention to potential investors ?

11

Patent Questions and Advice / Re: Provisional patent application by foreign company

« on: March 23, 2015, 05:23:19 AM »

Thx alot

12

Patent Questions and Advice / Re: Provisional patent application by foreign company

« on: March 22, 2015, 09:03:43 AM »

Hi Brad

if I apply for a provisional patent in US, am I allowed to apply (before 12 months) for the same invention also in EU (via a EU office) ?
Does filing the provisional in US hinder my capabilities in EU ?
THX

13

Patent Questions and Advice / Re: Provisional patent application by foreign company

« on: March 19, 2015, 06:54:50 AM »

Thank you Brad for the prompt reply.
I wasn't aware of that but I did my investigation cos my country of residence has restrictions as you reported.
I talked to the local patent office and they told me I can go ahead and apply to the US patent office without need to worry.
They told me that in my case I don't need any authorization nor anything else.

It seems I am good to go

Would it make any difference if I apply as a private person or via my own company ?

THX
CIPO

14

Patent Questions and Advice / Provisional patent application by foreign company

« on: March 18, 2015, 12:30:09 PM »

Hi
I am planning to file a US provisional patent application. Is there any restriction on the country of residence of the applicant ?
Can I apply for it even if I am an EU resident ? The US process seems much cheaper and faster compared to the EU method.
This way I would get 12 months time to prepare and apply on the regions I will deem most adequate.

THX
Cipo