Patent and Invention Help Forum

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The answer depends on what you mean by "protected".


Yes - publishing your invention should stop other people from getting their own patent on the same idea, but, if you don't have your own patent you cannot stop them from making or selling the idea themselves.


The only way to stop people from copying you and stop them from making or selling the same product is to file your own patent and go through the patent approval process.

If you only care about stopping others from getting their own patent and don't really care if other people make or sell the product than you can skip the patent process and just publish the work. 

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I am researching the patent system and i have stumbled upon one of the most important factors of the patent system. novelty. I understand that i can not file a patent on something that has already been publicized and is prior knowledge. A certain scenario came to mind. lets say i create an invention, then file the provisional patent. and lets say the invention is so revolutionary that i publicize it right afterwords and it is printed in multiple articles around the world. So does this mean that no one can file a patent on the idea because it now has novelty? Even after the one year grace period expires for the provisional patent? why would i even bother getting an international patent, if i am completely protected by novelty? Thanks!  ;D
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Patent Questions and Advice / Re: can a PCT patent be used as CIP in USA?
« Last post by Brad on December 10, 2018, 11:42:41 AM »
You can file a PCT as long as its within 1-year of the first application but you have to be a little careful here as you can only claim priority one-level deep per invention for PCT and non-US cases.

So your PCT may have two priority claims:
-priority claim 1 goes to the January application and invention X
-priority claim 2 goes to the February application and invention Y

Only claiming priority to the February CIP may be problematic so I would suggest filing your PCT before January and making sure to include both priority claims.






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Patent Questions and Advice / can a PCT patent be used as CIP in USA?
« Last post by newpatenter on December 10, 2018, 10:06:12 AM »
I filed a patent with a claim X in January. Then I filed a CIP with a new claim Y in February, can I file a PCT with another new claim Z in March? That is can the PCT be used as CIP in USA?


Thanks,
James
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You can file a "substitute" specification but that is only to correct things like typos, grammar, etc.  You cannot add in any new material or make any major changes after that patent has been filed.

I would just give them a call and see what they say.
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Patent Questions and Advice / Re: who will take the priority?
« Last post by Brad on December 09, 2018, 10:52:36 AM »
Yes Person A because they have an earlier priority date. 
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I don't know for certain but I do not think this is possible.  You can usually only request a refund of fees if you are abandoning the application completely and only then just some of the fees are refundable.

I would call the USPTO on Monday and ask them directly:  Toll-Free: 800-786-9199
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Patent Questions and Advice / who will take the priority?
« Last post by newpatenter on December 09, 2018, 09:55:30 AM »
Person A filed a patent with claim X in January. Then he filed a CIP with new claim Y in February, and then he filed a PCT in April.

Person B filed a very similar PCT patent with claim X and Y in March.

Assume all of these happened in USA.

For the claim X and Y, who will get them? Person A, I think. Am I right?

Thanks,
James
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I've filed a utility patent application, with a number of claims that increased the original filing fee.

Is it possible to change that application, to reduce the number of claims, resulting in the reduction of the original filing fee?
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Patent Questions and Advice / Re: Two Patents Exactly the Same?
« Last post by Brad on December 05, 2018, 09:58:24 AM »
Those are pretty darn close.  I am not an expert in design patents but the fins on the front of the grill seem a bit different between those two patents which is maybe why the second one was approved. 

Design patents are easier to get approved than utility patents because if you just make a small tweak or change to the appearance of the device you can likely get your own design patent approved.  The downside to this is that people may be able to make a small tweak or change your design to get around your patent.

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