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Messages - ideaboy

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PatentFile Website Questions and Reviews / Re: Duration to get patent
« on: June 15, 2014, 10:32:18 PM »
Thanks Brad

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PatentFile Website Questions and Reviews / Duration to get patent
« on: June 14, 2014, 12:47:06 PM »
Attached with this posting is a patent document - US8744745B2. Lets assume I have translated my idea into a document similar - in terms of content description, depth, structure and organization - to the US8744745B2. If I give my document to you:

Questions:
1. How long does it take to get a patent?
2. What will be the fee associated with getting a patent through your organization?
3. Does your organization provide any other services such as, coming up with CAD drawings?

PS: I couldn't attach my document because of the size. One can easily get the document by following the following steps:
1. In google search type : "google patents"
2. Click on the google patents link
3. Type the patent number: US8744745B2

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Patent Questions and Advice / Re: Time duration to get a patent number
« on: February 20, 2014, 08:01:22 PM »
Thanks!

A part of the article (http://www.huffingtonpost.com/2013/08/19/google-eye-movement_n_3781135.html) is shown below. The last statement caught my attention. It looks like one does not need to have a product. Is that true?

"already anticipating privacy concerns, the patent says the process may be opt-in or opt-out, and advertisers may be restricted to receiving "anonymous analytics." Still, it looks like the next step down the sci-fi road toward that scene in "Minority Report," in which Tom Cruise's character is bombarded by ads tailored directly to him.

As Phys.org notes, however, a patent is just a patent -- not even a prototype these days, not a product."

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Patent Questions and Advice / Re: Time duration to get a patent number
« on: February 16, 2014, 09:30:12 PM »
phew! that's expensive. Thank you. Are there any alternatives for individual inventors who are not sitting on a gold mine? For example, do lawyers do this, "I like the idea, lets patent it, and what ever comes out of this patent will be split 60-30." Does any one does do that?

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Patent Questions and Advice / Re: Time duration to get a patent number
« on: February 04, 2014, 08:02:22 PM »
That means you would we working with the client and the patent for 3 years? How much would that cost for a software patent.

Assume the idea I have is "using GPS to go point A to point B". As you already know, this patent already exists. I just want to get a comparison of time estimate and the complicity of the software. You can assume any complexity you can think of for the purpose of estimation.

And how much would that approximately cost?

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Patent Questions and Advice / Time duration to get a patent number
« on: February 03, 2014, 08:48:16 PM »
Hi Brad,

Assume I have all the information I need to get a patent, and I give that information to you. How long does it take to get a patent number.

Thanks,
AA

8
Thanks Brad.

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Patent Questions and Advice / The possibility of getting a lawyers notice
« on: January 15, 2014, 08:21:45 PM »
What happens in the following scenario:

I develop the software from scratch. I use it, I make millions of dollars and later after 3-5 years of releasing the product, I realize that someone actually holds a patent for what ever I have used in my product and I have made a lot of money?

Questions:
1. Will there be a notice to stop using the product? Or will there be a direct legal action ?
2. What will be the nature of the warning?
3. If in case there is a penalty, is it tied to the amount of profit I have made or is it a fixed amount independent of the amount of profit I have made?

Thank you

10
Can't we do this instead?: Just file an actual patent and let the patent office do the work. They will strip down the patent to its essence before granting a patent.

11
Thanks! a few more questions:

1)  If you do not file the full non-provisional application within 12 months then your provisional application will expire and you will lose that early filing date.

I will lose my early filing date and that's it; there will be no additional money out of my pocket ?

1a) I hate to use the term "lose" money.  Patent expenses should be an investment (a risky one).  If those risky investments are not worth while or you don't see the value it them, then it may not make sense to file a patent.  Patent decisions should be a business strategy decision not something a lawyer talks you into.  The average cost for a full non-provisional application is $4000-$8000 for a simple invention and it can get much higher than that for software and complex inventions.

I think I used the term "lose" because of the following reasons:
1. I am not sure of the entire patent application process and the fees associated with each step of the process
2. I am not sure of the steps I need to take - and I don't have answers to questions such as "how do I know if my idea is unique?" - before filing a provisional patent application

If I know my idea is unique, I will go ahead with the patent application with full force, and I might have to hire a professional to assist me during the process.

Coming back to my question, I need to pay the non-provisional application fee only if I decide to go through the non-provisional application process right? And, I can decide to leave my idea and my patent journey without any penalties (financial) at the end of the 12 month period (provisional application window)

1b) If you have a full non-provisional patent or patent application you can license or sell that patent even if you don't have a product on the market yet

Full non-provisional patent means having enough information to create an actual product?

1c) You can file unlimited provisional patent applications until either you (or someone else) publicly discloses the invention or offers it for sale.  As long as you keep your idea secret, in theory you can keep re-filing provisional applications but this is risky because your competition may sneak a patent filing in and then at some point their patent will pre-date yours because each provisional application that you file will get its own filing date (you cannot link them together).

A few questions on the sentence "You can file unlimited provisional patent applications until either you (or someone else) publicly discloses the invention or offers it for sale"

1b1: An invention is publicly disclosed only if that idea is patented right?
1b2: Is it my responsibility to check the uniqueness of that idea before filing a provisional application ?

Thanks,
ideaboy


12
Patent Questions and Advice / Re: Provisional Patent Application question
« on: December 23, 2013, 09:17:44 PM »
Thank you for the reply Brad; they helped me. I will get back to you with more questions.

Thanks,
ideaboy

13
1. What if I don't come up with the actual patent within 12 months from provisional patent application date?
1a. I know I will have to complete actual patent application. How much money will I loose during the non-provisional patent application process?
1b. Assume I don't have the actual product within the 12 month period and I end up paying the fee associated with the non-provisional application. What next? Can I still work on my idea?
1c. Is there any limitation on the number of provisional patents I can file for the same idea (please address both the cases : 1. before 12 months window, and 2: after I have crossed the 12 months period)

14
Patent Questions and Advice / Provisional Patent Application question
« on: December 16, 2013, 09:48:04 PM »
Question:

Provisional patents are incomplete. Yes, they allow us to take the idea into the market with the label "Patent Pending"; what if another person comes up with the actual complete working patent (may be with slight improvements) and patents the product? I ask because, the Patent office will not review the provisional patent application unless I file a non-provisional patent application, this means they have no way of knowing whether the actual patent filed by the other person is unique. And, since the patent office hasn't looked at my idea yet (because of its provisional status), they have no way of knowing if my idea is copied in the patent applications. How do I protect my idea when it has the label "Patent Pending"?

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