New Patent Fees Make Utilities Cheaper than Provisionals
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The $20 increase for a PPA filing (individual) probably has a lot to do with the volume of PPA filings- 102,278 in FY 2004. It's a moneymaker (cash cow)
Wow! I wasn't aware of the number of provisional filings John. Let's see, at $85 a pop... $8,693,630 your not kidding.
I WOULD NOT FILE FOR A PROVISIONAL PATENT UNLESS I WAS ALREADY MARKETING THAT IDEA ! YOU CAN LOSE YOUR RIGHTS FOR A REAL PATENT !DID YOU KNOW IF I DONE A PATENT SEARCH FIRST ,THEN JUST MADE A NEW INVENTION YOU CANT PATENT IT . MOST MANUFACTURE DONT PATENT IDEAS THEY JUST MAKE THEM ! PATENTS ARE NOT EVERY THING ! THEY COST A LOT ! AND THET STILL DONT PROTECT YOUR IDEA ANYBODY CAN MAKE YOUR IDEA AND SELL IT ! ITS MANY WAYS AROUND PATENTS I GOT THE BOOKS AND PTO BOOKS I EVEN LEARNED THIS GOING TO COURT.
Hello Kermit,
Technically, you should file the application before you begin to market, otherwise you have lost the rights to the public domain.
You are correct, if you fail to follow up with a non-provisional application within the year time limit, it can and usually does bar you from filing a non-provisional application after that point. The year time period should be taken very seriously by anyone filing a provisional application for patent.
I don't believe I adequately understand what you mean by doing a patent search and then not being able to patent. You cannot be granted a patent for an "obvious" improvement, so if you are saying that by patent searching randomly and improving on something in an obvious manner will not get you a patent, you would be correct.
As for "most" manufacturers not filing patents, it depends upon the product and the manufacturer. These days the products pouring out of the orient are for the vast majority un patented, however there may have been no useful and unobvious facet of that product to patent. Many manufactures do file patent applications routinely. Take Xerox for example. For years running that company filed more US patent applications than any other entity on the face of the globe. What did they patent? Just about everything they could. Small plastic pieces that fit into their copiers or printers in such a way as to perform a useful and unobvious function which therefore rendered it patentable. They are able to shore up their market share and intellectual property rights by doing this. If they have a paper feeder for example that never jams, if they can they will patent the entire assembly as well as the patentable pieces that go into it in order to stop possible competition from duplicating their proprietary technological capabilities.
There is a rule of thumb cut off for a products value before you secure a patent as an independent inventor, and that figure is at around 10-12 million dollars these days. If you can't make that or more with the patent, there's no point in it, basically.
They do cost a lot, especially for a small entity like the independent inventor. They should protect your inventions adequately if they are properly written and dually granted. There are ways around anything, and there are people out there who are quite adept at getting around anything you put in front of them. This is why it's so important to make sure you have all your bases covered when you file your application. The application must be written so completely that anyone looking for loopholes will not find them. This can be done, but requires careful dedicated work, and lots of practice. You must write the application while looking at it from the perspective of someone who is trying to "design around" it, plain and simple.
Thanks for the comment, and I wish you the best of luck with your inventive endeavors.
Steve
Steve a patent cant save ideas i study them and for a while i been in court rooms just hagging out learning for myself if you have a idea get yourself a investors but document it first ! thats your real protection the first date of the conception then on your patent guy get a companie to patent it with you or for you with wittness your patent is no good and can be walked on thiers really no such thing as protection a worked with manufactures your be surprised what i know STEVE i can still take your idea if your patent is weak or not documented and patents lose a lot in court rooms inventors are useing other ways .
Stephen is correct. The total fee has increased. Right now they have just split the fees up into several portions. I suspect eventually they will have time periods for requesting examination, etc.
As to the fee being (slightly) less for electronic filing. Have you tried electronic filing? I have. It left a great deal to be desired. I had to call the help desk 3 times before I figured it out. And the application took longer to show up in their system!!!!!. The USPTO will have to make major improvements in order to make this workable. Why can't they allow people to just file everything in .pdf format????? Would seem to be the simple solution.
I hope that your right about a time period for requesting examination Norton, perhaps with the fee due at that request. Didn't you used to be able to file the application and pay later? That seems to be one of the larger hurdles for many is coming up with all of those separate fees at the same time.
No I haven't tried to use the electronic system yet, and I probably won't. I would submit an application electronically as you mention in a PDF however. I wasn't aware it took longer to show up either... That's pretty sad. The USPTO should leave the software coding to Adobe.
Jeez, I would hardly call a $25 fee increase "a dramatic setback to small entity". What hyperbole. What whiners they are! In my experience, the main reason to file a provisional is usually not to save money on the filing fee, but to save (or delay spending) money on the patent attorney preparation fees and/or because there is no time to do a nonprovisional before a bar date or other deadline.
The PTO is a real mess...the agency is in crisis...look at the new recent apppointments at the top
I must admit, whenever I read the name Jon Dudas, my mind wants to read "Don Judas"
however perhaps that's just a negative stereotype given to me as a young child about evil goats. I looked for the recent appointments, didn't find them though. They seem to change the entire content rather often. Who specifically are you referring to?
I have been concerned for quite some time about the infringing products being allowed in from over seas, especially China. They mention here that Mr. Dudas was over there just last month trying to see an end to it. Check out this link: Under Secretary of Commerce Jon Dudas Returns to China
There are many things the USPTO could do to make the process easier for American inventor, and other patent filers. If only Jerome Lemelson were still on the USPTO Advisory Committee., fighting against obstacles put in the way of independent inventors. If you haven't heard of Lemelson, read about him here Lemelson.org. They also offer a great online e-book for free detailing his appointment to the position, as well as his efforts for independent inventors. When will the USPTO see fit to nominate another independent inventor to a place of influence such as this? Hopefully soon!
Alright Stephan "not Stephen, you moron" Kinsella, it may have been a bit of an exaggeration, but I wouldn't refer to it as an extravagant one.
Whiners? Hey this is me your talking about here! What you use a provisional patent for, truly depends on what side of the tracks you come from. In my experience, I have known inventors who file a provisional simply to give them the time to raise the money for a non-provisional. I have been one of those inventors on several occasions. I'm sure what you see at Kinsella Law is much different than what I am accustomed to however. I imagine that at your lawfirm though, you find it difficult to not charge substantially for even a provisional filing, as a filing date for a non-provisional application can only take the filing date from a provisional application if All the disclosed material contained within the non-provisional application was also contained within the provisional, correct? I hear that it is for this reason many patent attorneys encourage their clients to file non-provisionally to begin with.
To many independent inventors $100 is a lot of dough. Myself for instance, I have a small business, 3 small children, and this inventing deal going, so money is rather (or shall we say really) tight. I speak for the small inventor Stephan, the very small impoverished inventors living out in the sticks, trying to make good on the American dream the only way possible. Hard work and determination. In the future however, I'll try to keep the hyperbole to a minimum.
hey nice
HOW DO I GET HELP WITH MY INVENTION
Hi Cedric,
There are many resources available to you for help with your invention on my site, www.loneinventor.com
Check it out, sign up for a free user account which will allow you to participate in the inventor's forums and so forth.
I hope that helps, best of luck to you.
To the loneinventor i know more than you about patents your patent cant protect your ideas sorry the PTO or no one can help you they just date it a search cant help because not all inventors are fools to protect a idea that might dont make money ,money is first selling it i got a way i protect my idea even a stamp is better than patents your telling too much about your idea on that patent whats round i can make another shape and it can be your idea the court is were your find out your patents is really no good if your idea is great the companie will take a chance and fall at your feet they wont the money and companie protect ideas by putting they companie name on it so dont tell me about patents made in china ,coleman, hipcorp do you see these on toys or products get this i can still your patent and make the product even better guy loneinventor a companie dont even know more than me they contact me and ask me about patents and they wont be around soon .
Loneinventor your right and wrong patents are just no good for no protection acts do it yourself is better let me tell you what i learned and why i am telling you what i am ! your idea better be talked about or a companie wont buy your idea its just a meer myth but if i am donig what i am now a chance one day that companie will get use to me talking about it and buy into it! and if my idea is out and davertised you can still it WHY ! YOU KNOW ABOUT IT ! THATS RIGHT YOU IS MY PROTECTION THANK YOU LONE INVENTOR I KNOW MORE THAN COMPANIES DO THE TALK TO ME ABOUT HOW TO PROTECT IDEAS PEOPLES TOO AND A WEBSITE CAN BE GREAT PROTECTION AND MY HAND MADE MODEL AND FOLDER PROFO.
My apologies to change the thoughts in mid stream, but I need some helpful information. I am a thinker and write in a journal daily and sketch potential "inventions"?
I have a couple of good ideas and one solid winner I believe! Anyway, I have contacted Inventech, and they are wanting to charge me a lot, so I need a tutorial on patent searches and basically doing it myself! My idea has to do with deer hunting and deer hunters buy every gimmick at Walmart etcetera, because I am a hunter, and what I am offering the hunter is logical and will work! Any help? Phillip G. .
2005-04-01 19:18:27
HOW DO I GET HELP WITH MY INVENTION
I did not see tthis earlier, Thank You I will do exactly that! Go to your site! Probably hear from me again my friend, now that I have found your blog! Thank You and God Bless PG
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