Patent and Invention Help Forum

Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - Brad

Pages: [1] 2 3 ... 64
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:

For specific questions about your case you can call the USPTO for free:

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. 

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.

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:

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:  and this one

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.   

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:

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

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. 

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:

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. 

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

If the pieces are the same I would leave the numbering the same, even if they appear in more than once spot.  Ideally you have a way to identify them and their location such a "a first panel 450 is located on a top side XXX of the body YYY".

Here XXX and YYY should be labeled in your figures.

We have also sometimes used the suffix A and B such as panel 350A and panel 350B.

Yes that is a tough decision.   When someone has a pending patent application it is smart for them to change the claims to try and capture the best commercial use of their idea.

How likely is it that the inventor will see your idea online?  It is a big world with a big internet and I have found most inventors are not very good at finding similar ideas online.  Sometimes they are scared to look, sometimes they don't know how to do good searches on Google. 

You will need to decide what is more important:
1. Publishing now to give the idea way as soon as possible, or
2. Waiting for the other patent to be approved.

 Note that there is a good chance their patent may never get approved so maybe option 1 is best.

Patent Questions and Advice / Re: Level of description/claim detalization
« on: February 03, 2022, 10:59:53 AM »
Sounds to me like you are trying to patent a concept.  Concepts are not patentable, only "inventions" are patentable.   An invention has definition and boundaries.   In your wheel example, you have to define the shape and structure of the wheel.  I would argue the round shape is needed (in practice nobody wants to use a square wheel) so I would start there.  Then think of the other areas that are essential for the wheel like a centrally located connection point.

Claim drafting is not easy.  There is a reason why patent attorneys can charge $500+ per hour to think through these things carefully.   Once you have your claims properly drafted, you can use those as your framework to write out the entire application and describe each of your claim terms.


My understanding is that a CIP application would count against your limit.  This is a lifetime limit not per year.   Best resource for this is here:

Patent Questions and Advice / Re: Provisional Application Process
« on: January 26, 2022, 10:01:04 AM »
Once the USPTO has accepted your provisional, there is nothing else they will do.   The next step is when you will file the full non-provisional application.  Please read this:

Sorry I don't really like to take over applications as they are usually a bit of a mess.  Just like a licensed electrician would not want to take over wiring a house after the homeowner did most of it and covered up the walls. Too much risk and headache with very little money/reward.

To answer your specific question, you should call the examiner to see what they suggest.  Sometimes they will review an amendment after final if you are only making minor changes or doing something they suggested in their last response.  Otherwise they don't have to review anything as prosecution is technically closed at this point.   If you think you are close to an allowance with just minor tweaks I would call them and see if they will let you file the reply with an After Final 2.0 request:

It is really up to you to keep track of the dates.  If your final rejection was mailed January 1, 2022 you have until April 1, 2022 to file a response (without an extension fee) or until July 1, 2022 to file a reply but pay a late fee (extension of time fee). 

Most firms will make a note to file your response after final within the first two months and then set a reminder to check on it every week.  If you don't hear back from the examiner with a Notice of Allowance by the first deadline then file your RCE or Continuation at that time before the first due date to avoid the extension of time fees.

Pages: [1] 2 3 ... 64
Menu Editor Pro 1.0.2 | Copyright 2014, Matthew Kerle