Messages

1

Patent Questions and Advice / Re: updating PPAs (provisional patent applications)

« on: May 30, 2023, 08:49:08 AM »

You cannot add new material to any patent application after it has been filed so you cannot update it.  You should file a new application.  We sometimes have 2-5 PPAs that we later merge together into a full non-provisional utility application. 

If you did not pay the fee you will get a letter from the patent office telling you how to make payment.  However, in this case it would be safest and easiest for you to file your application again as a new PPA and make sure you pay the fee online this new version. 

2

Patent Questions and Advice / Re: Does including a patent as a reference imply protection?

« on: February 04, 2023, 01:12:38 PM »

Unfortuently you cannot get that from the patent office.  If your patent cites old_patent_123 and then your patent is allowed that just means that the patent examiner thought your idea was different enough from old_patent_123 that it could be its own invention.  It does not mean that you are clear and not infringing on old_patent_123.

Another simple example would be a bicycle.  If old_patent_123 claimed a bicycle with two wheels and you made a bicycle with three wheels you may get your own new patent approved because it was different than old_patent_123 with two wheels.  However, your three wheel bicycle also includes two wheels plus a third wheel so the owner of old_patent_123 may enforce their patent against you because your bicycle has two wheels.  the fact that you have three wheels does not matter because your three wheel bicycle also has two wheels (2+1=3). 

3

PatentFile Website Questions and Reviews / Re: Patenting Formulas for Hair Care Set.

« on: February 03, 2023, 11:15:52 AM »

Only the true and first inventor can file the patent.   If you did not create this then you cannot apply for a patent.

4

Patent Questions and Advice / Re: I need to help about Docket central and Ready for Examination

« on: February 03, 2023, 11:14:41 AM »

Hi,

1.  This means your invention was classified into those classes.  More on classes here:  https://www.uspto.gov/patents/search/classification-standards-and-development

2.  This is the processing group.  It goes there first and then to an Examiner.

3. and 4.  In your case they are expecting the report from the examiner in 7 months from the date you accessed that page.  So this will be around September 2023.

5

Patent Questions and Advice / Re: ability to obtain a patent on an existing item which patent has expired

« on: January 31, 2023, 01:41:51 PM »

Please send me an email or request a quote using this link:  https://patentfile.org/patent-estimate/

Thank you,
Brad

6

Patent Questions and Advice / Re: Does including a patent as a reference imply protection?

« on: January 31, 2023, 01:40:34 PM »

No those would be two different things.   Remember, the patent office only cares if you are claiming a new idea.  They don't have the authority (or ability) to look at things like infringement.

Here is a crude example.   I could possibly get a patent on a new iphone case if my case is new but that does not mean I can start selling iphones with my case because Apple likely has 100+ patents on different areas of the iPhone. 

7

Patent Questions and Advice / Re: What's the best Petition

« on: November 11, 2022, 09:12:40 AM »

Very sorry to hear that.  I would read this post:  https://www.uspto.gov/patents/apply/petitions/09-revival-based-unintentional-delay

For specific questions about your case you can call the USPTO for free:  https://www.uspto.gov/about-us/organizational-offices/office-commissioner-patents/petitions#heading-5

8

Patent Questions and Advice / Re: Back-dated NDA to cover previous invention disclosure private conversation

« on: August 24, 2022, 09:25:28 AM »

Private conversations with friends and family is NOT a public disclsure.   If the public was not invited or able to attend these conversations they are not public.

An example of a public disclosure would be pitching your idea on Shark Tank or presenting your idea at a conference. 

9

Patent Questions and Advice / Re: Expired patents

« on: July 28, 2022, 11:55:10 AM »

In general once a patent expires it is free for anyone to use and there is no way to "obtain" it.   Its essentially dedicated to the public at that point.

10

Marketing, Licensing, and Selling an Invention / Re: My patent was granted by USPTO EFS-Web electronic.

« on: July 15, 2022, 09:29:54 AM »

A patent does not give you permission to make or sell your product.   A patent is a defensive tool that lets you stop other people from copying you.  Please read this:   https://patentfile.org/your-patent-is-not-a-green-light-to-sell-a-product/

11

Patent Questions and Advice / Re: PPA Application

« on: June 01, 2022, 10:43:15 AM »

Hi Louis,

I think there are few big misunderstandings on your part.  I am not trying to "upsell" you here but I think a $150 consultation with me or another qualified person would be beneficial to help walk you through different strategies and ideas based on your goals.  It is a complex process with many potential pathways.     

The biggest thing is that a patent application or even a fully issued patent does not give you permission to sell anything.  It is a defensive tool used to stop others.  That is a huge difference that most people don't realize.   Just because you file your patent first does not mean you have some clearance to launch a product.   See this post here:  https://patentfile.org/your-patent-is-not-a-green-light-to-sell-a-product/  and this one  https://patentfile.org/you-have-a-patent-so-what/


The main reason you would file your PPA is to lock on your priority date.  You full (non-provisional) can then link back to your provisional.  Because the upfront cost of the PPA is so much less, if done properly, a PPA can be extremely powerful for relatively little cost.    In one example, lets say you file a good PPA for $2,000.   Ten months later your competition files a full non-provisional using an expensive Boston law firm for $15,000.   You later file your non-provisional and link it back to your provisional.   Because your applications have an earlier priority date (based on your PPA date), you can block the other company from getting their patent approved because you have the earlier date.   

12

Patent Questions and Advice / Re: Claim confusion

« on: May 28, 2022, 08:55:10 AM »

These are called "functional limitations" that are sometimes added to a claim.   From the USPTO MPEP:

I. INHERENCY AND FUNCTIONAL LIMITATIONS IN APPARATUS CLAIMS
Features of an apparatus may be recited either structurally or functionally. In re Schreiber, 128 F.3d 1473, 1478, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997). See also MPEP https://www.uspto.gov/web/offices/pac/mpep/s2114.html

13

Patent Questions and Advice / Re: Can you patent a use for gorilla glass?

« on: April 24, 2022, 06:27:55 PM »

Unless you are using the glass for a completely unique and almost wacky application it would be near impossible to get a "new use" patent application approved.   I know there are websites and even some patent attorneys who still say you can get a patent on a "new use for known material" but in my experience they are very hard and expensive to get approved and anyone who tells you it is possible should be willing to show you some recent examples of patents they got approved for a new use of a known material (I would bet they cannot). 

For example, if your use of Gorilla glass was a new type of bone implant for humans that may have a chance but the use of a protective glass for phones being used as a protective glass for automobiles or other applications is a fairly easy obvious rejection for the patent examiner to make. 

14

Patent Questions and Advice / Re: Public Disclosure

« on: April 20, 2022, 08:46:39 PM »

In your case the "on sale bar" may be more relevant.  You only have one year from your first sale or offer for sale to get your patent filed:  https://en.wikipedia.org/wiki/On-sale_bar

If I remember correctly, even secret or non-public sales can still count against you. 

In your case you may need to think of some new improvement or new feature that was not part of the original sale and file a patent that focuses on the new/improved machine with the new feature.   Ideally you can still get that patent approved but the risk/downside is that your original machine (without the new improvement) can still be made and sold my your competition. 

15

Patent Questions and Advice / Re: use of same item numbers for symmetrical but otherwise identical features

« on: March 01, 2022, 03:13:42 PM »

Yes or label them 350A and 350B and note in the spec. where they are located.