Tesia 5. Would you like to explain how, by withholding your product, you achieved your success. A zipper slider system 10 , characterized by: a zipper tape 14 having a profile 11 including at least a first strip 14a , the at least a first strip 14a being compri sed of at least one material selected from the group comprising materials that are rigid, semi-rigid, flexible, and semi-flexible.
Did you see that interview I did? And this whole talk about licensing still even being a great possibility is weird coming from Gene especially. When granted patents have little to no value and are easily invalidated, then provisional patent apps and PCT apps that designate USA have about negative value. You appear to have been talking about chickens you expect will be hatched. The eggs from which your chickens must hatch are your patent claims.
There are many thousands of different fastener patents. Your success depends not on keeping an eye on who is doing the testing but on the people who are tasked to help you get those claims through examination. Tesia I wrote about my experience. Some manufacturers did try to outflank me. They did not get the better of me. I asked my lawyer to send a polite letter to each to remind them of the fact that I was holding a valid patent.
I have paid for 3 different attorneys to go through my app. The ISA also uncovered some things we forgot like numbering in our haste. But, I have a ton of prior art found from all over the world. Everyday, I dedicate hours to prior art searching. Different shaped teeth, different shaped track profile, add adhesive, add ridges, etc.
I swear if any competitor attacks my IP in PTAB pending issuance then I will put myself in serious debt to invalidate all their useless iterations. This is the newest thing in zippers in over half a century. It is the third kind of zipper, after the toothed fastener and zip track. The best I can do is carefully select my attorneys and find all the prior art. PCT will give you a written opinion soon.
One or two, and you can probably rewrite the claims. Until then, I would have kept a low profile. With a provisional on file, there is a clear line of demarcation between the original invention and anything the licensee may have contributed. I already got the ISR. I just needed to pay for something, anything. And, I went for the cheapest and not Russia if I remember correctly. Yay micro-entity distinction. I think that was the more appropriate strategy.
But, yeah. I also published all of my iterations and research up to getting to what I patented. All the failure before the success. The inventor manages to convince a corporation to license the patent. They draw up what the inventor believes is a watertight agreement. Both parties sign, the inventor discloses his invention and — surprise — another corporation with a separate legal identity goes ahead and uses the invention for free.
Obviously prearranged but the inventor does not have the resources to prove it. The corporation that signed accuses the inventor of double crossing and commences legal action. At this point the inventor realizes that he is headed for serious financial difficulties.
Merely an example. The exact details will vary, but the inventor will end up in serious trouble. View More…. To be most effective, a provisional application should describe the invention in enough detail for someone of ordinary skill in the art to make and use the invention without undue experimentation. A provisional application can be an expedient and relatively inexpensive way to establish a priority date for prospective worldwide patent rights covering an invention without affecting the term of those rights.
A provisional application may include a variety of materials e. A provisional application should explicitly answer the following questions:. US patent law requires the provisional application to include comprehensive answers to these questions in order to establish a priority date for the invention. TIP: Confirm that the invention being disclosed is actually new.
Legally, a granted patent claim defines the invention for which an applicant has enforceable rights e. Claims are granted by the USPTO in nonprovisional applications, which are examined by patent examiners for utility, novelty, nonobviousness, as well as compliance with the written description and enablement requirements.
This can also happen if the inventor decides to transfer the invention to another person. That means that the inventor has transferred all ownership rights of the invention to the person or entity that has filed the patent.
Once you are ready to file a provisional patent, you will need to complete either an electronic or paper application. You will be required to submit any additional information, such as illustrations of your invention that include dimensions, as well as follow additional United States Patent and Trademark Office USPTO rules.
When you are filing a provisional application for patent, you may combine them into one nonprovisional application. It must be combined within 12 months of any provisional application so that you can effectively utilize a certain filing date. The following are the guidelines when submitting drawings with a provisional application for a patent:.
Patents are designed to keep others from infringing on the use of your invention. Although ideas cannot be patented, patents are the best way to protect all other types of intellectual property.
In addition, there are other limits to patent protection. For instance, the Atomic Energy Act of prevents the patent of any product that is utilized only for atomic energy or nuclear material. A utility patent covers new and useful inventions. This can include products, processes, and methodology used by business, computer algorithms, or improvements to current inventions. A plant patent protects new varieties of plants. Design patents cover new and original designs for manufactured articles.
Provisional applications for patents are valid 12 months from the date it is filed. This period cannot be extended, so you must file a nonprovisional application for the patent during the month period in order to gain the early filing of your provisional application for patent.
Your rights as a patent owner will not guarantee you the right to make the invention until a thorough search has taken place. Someone could already own a patent on a feature or a part of your invention. You will not be allowed to proceed with the patented invention unless, or until, the other patent owner gives consent or if the patent expires.
This would prevent the other patent owner from getting an advantage on any improvements to his or her portion of your invention. A design patent is only utilized to protect the illustration and design of your invention. It provides limited protection that makes it easier to get a patent in a field that is saturated. However, it can be difficult to enforce your rights with a design patent alone.
They are helpful when you contract with a manufacturer to help create your product. Design patents will prevent the manufacturer from infringing on your rights after the contract has concluded. Further, 37 CFR 1. To be complete, a provisional application must also include the filing fee as set forth in 37 CFR 1.
Note: The information in this brochure is general in nature and is not meant to substitute for advice provided by a patent practitioner. Applicants unfamiliar with the requirements of U. Fees are subject to change annually. See current fees 37 CFR 1. Payment by check or money order must be made payable to "Director of the U.
Patent and Trademark Office. The provisional application papers written description and drawings , filing fee and cover sheet can be filed electronically using EFS-Web or filed by mail. EFS-Web allows patent applications, including provisional applications, to be filed securely via the Internet.
Applicants prepare documents in Portable Document Format PDF , attach the documents, validate that the PDF documents will be compatible with USPTO internal automated information systems, submit the documents, and pay fees with real-time payment processing.
A provisional application automatically becomes abandoned when its pendency period expires 12 months after the provisional application filing date by operation of law. Applicants must file a nonprovisional application claiming benefit of the earlier provisional application filing date in the USPTO before the provisional application pendency period expires in order to preserve any benefit from the provisional application filing unless the benefit of the provisional application has been restored under 37 CFR 1.
Beware that an applicant who publicly discloses his or her invention e. Such an applicant may also lose the right to ever patent the invention. See 35 U. Independent inventors should fully understand that a provisional application will not mature into a granted patent without further submissions by the inventor. Some invention promotion firms misuse the provisional application process leaving the inventor with no patent.
Direct questions regarding regulations or procedures to the Office of the Deputy Commissioner for Patent Examination Policy.
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