Comments on: Patent Quickie: Getting a Quick Patent Can Help http://www.ipwatchdog.com/2009/08/04/patent-quickie-getting-a-quick-patent-can-help/id=4765/ Patents, Software Patents, Patent Applications & Patent Law Tue, 22 May 2012 06:27:58 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: Gene Quinn http://www.ipwatchdog.com/2009/08/04/patent-quickie-getting-a-quick-patent-can-help/id=4765/#comment-7792 Gene Quinn Mon, 10 Aug 2009 18:30:14 +0000 http://www.ipwatchdog.com/?p=4765#comment-7792 Chris- Very good point. I could have been more clear, but I was thinking about filing in the US first (which has to be done if the invention was conceived in the US) and then after getting a foreign filing license moving onto a country with quick patent grants. Thanks for contributing and raising an excellent point. -Gene Chris-

Very good point. I could have been more clear, but I was thinking about filing in the US first (which has to be done if the invention was conceived in the US) and then after getting a foreign filing license moving onto a country with quick patent grants.

Thanks for contributing and raising an excellent point.

-Gene

]]> By: Chris http://www.ipwatchdog.com/2009/08/04/patent-quickie-getting-a-quick-patent-can-help/id=4765/#comment-7791 Chris Mon, 10 Aug 2009 18:28:20 +0000 http://www.ipwatchdog.com/?p=4765#comment-7791 This is an interesting idea, GQ. Just throwing this out there: if you do take this route, please bear in mind that you must file in the US within 12 months of filing abroad or else your claims can be ruled invalid under 35 USC 102 (d). This is an interesting idea, GQ. Just throwing this out there: if you do take this route, please bear in mind that you must file in the US within 12 months of filing abroad or else your claims can be ruled invalid under 35 USC 102 (d).

]]> By: Adrian Evans http://www.ipwatchdog.com/2009/08/04/patent-quickie-getting-a-quick-patent-can-help/id=4765/#comment-7788 Adrian Evans Mon, 10 Aug 2009 00:13:46 +0000 http://www.ipwatchdog.com/?p=4765#comment-7788 The New Zealand Patent Office aims to issue a first examination report within 20 working days of a Paris Convention filing, which can be useful for applicants wanting an early indication of the novelty of an invention or a quickly granted patent. New Zealand currently has a local (New Zealand) novelty requirement and does not examine applications for obviousness. Legislation presently before parliament will introduce worldwide novelty and an examination for obviousness. New Zealand is also a good place to litigate, with a well respected judiciary; some highly regarded lawyers working in the IP area and good support through the patent attorney network. The New Zealand Patent Office aims to issue a first examination report within 20 working days of a Paris Convention filing, which can be useful for applicants wanting an early indication of the novelty of an invention or a quickly granted patent. New Zealand currently has a local (New Zealand) novelty requirement and does not examine applications for obviousness. Legislation presently before parliament will introduce worldwide novelty and an examination for obviousness.

New Zealand is also a good place to litigate, with a well respected judiciary; some highly regarded lawyers working in the IP area and good support through the patent attorney network.

]]> By: Gene Quinn http://www.ipwatchdog.com/2009/08/04/patent-quickie-getting-a-quick-patent-can-help/id=4765/#comment-7757 Gene Quinn Wed, 05 Aug 2009 04:48:45 +0000 http://www.ipwatchdog.com/?p=4765#comment-7757 Eric- It would seem that you have an agenda, and I really do not appreciate you saying or implying that what I wrote is incomplete or inaccurate. What I wrote is, of course, both complete and accurate. It is obvious that I did not "forget" to mention the things that you raise. What you raise simply has nothing to do with what I wrote.. So, with all due respect to you, if you are going to comment please keep it real. Every article does not need to be a dissertation on patent law and all aspects, including aspects that are unrelated to the premise of the article. Also, allow me to make an observation. You are not required to read what I write, or visit IPWatchdog.com. If you think my research is inadequate or what I write is incorrect, please don't read IPWatchdog.com. Those who are objective and do not have an agenda of their own realize that what I wrote is correct and well researched. The fact that I didn't write the article that you wanted to read does not mean I don't know what I am talking about, or my research is inadequate. You should really get your facts straight. -Gene Eric-

It would seem that you have an agenda, and I really do not appreciate you saying or implying that what I wrote is incomplete or inaccurate. What I wrote is, of course, both complete and accurate. It is obvious that I did not “forget” to mention the things that you raise. What you raise simply has nothing to do with what I wrote.. So, with all due respect to you, if you are going to comment please keep it real. Every article does not need to be a dissertation on patent law and all aspects, including aspects that are unrelated to the premise of the article.

Also, allow me to make an observation. You are not required to read what I write, or visit IPWatchdog.com. If you think my research is inadequate or what I write is incorrect, please don’t read IPWatchdog.com. Those who are objective and do not have an agenda of their own realize that what I wrote is correct and well researched. The fact that I didn’t write the article that you wanted to read does not mean I don’t know what I am talking about, or my research is inadequate. You should really get your facts straight.

-Gene

]]> By: Eric http://www.ipwatchdog.com/2009/08/04/patent-quickie-getting-a-quick-patent-can-help/id=4765/#comment-7756 Eric Wed, 05 Aug 2009 04:19:10 +0000 http://www.ipwatchdog.com/?p=4765#comment-7756 Gene Quinn, you fail to mention that a large portion of US patent applications are from international inventors. This means that those inventors are more interested in a US Patent (assuming there is no corresponding local application or PCT), which means more for their business and success. You also forgot to mention that many other contries literally outsource their examination work to the US Patent office (PCT's). Another thing you forgot to mention is that the US Patent office is the only office to be based on a first-to-invent system, meaning that a patent is granted to the person who first conceived and practiced the invention, rather than to the person who first filed the invention with authorities. This system favors individual inventors and smaller companies. Other countries use a first-to-file system which benefits larger companies more than smaller companies or individual inventors - a very, very bad thing for technological innovation and capitalism in general. You also forgot to mention accelerated examination and other pilot programs already available at the US Patent Office. With all due respect, please research properly before publishing. Thanks! Gene Quinn, you fail to mention that a large portion of US patent applications are from international inventors. This means that those inventors are more interested in a US Patent (assuming there is no corresponding local application or PCT), which means more for their business and success. You also forgot to mention that many other contries literally outsource their examination work to the US Patent office (PCT’s).

Another thing you forgot to mention is that the US Patent office is the only office to be based on a first-to-invent system, meaning that a patent is granted to the person who first conceived and practiced the invention, rather than to the person who first filed the invention with authorities. This system favors individual inventors and smaller companies. Other countries use a first-to-file system which benefits larger companies more than smaller companies or individual inventors – a very, very bad thing for technological innovation and capitalism in general.

You also forgot to mention accelerated examination and other pilot programs already available at the US Patent Office.

With all due respect, please research properly before publishing.
Thanks!

]]> By: yapex http://www.ipwatchdog.com/2009/08/04/patent-quickie-getting-a-quick-patent-can-help/id=4765/#comment-7755 yapex Wed, 05 Aug 2009 03:07:20 +0000 http://www.ipwatchdog.com/?p=4765#comment-7755 I've seen stats about patent application pendency at the USPTO. I wonder if there's a further breakdown of the stats showing porations of prosecution duration being attributed to applicants. Specifically after the first action is mailed, many applicants take the maximum amount of time allowed (statutory 6 months) to file an amendment. Some applications take beyond 2 years from FAOM to issue as the result. I’ve seen stats about patent application pendency at the USPTO. I wonder if there’s a further breakdown of the stats showing porations of prosecution duration being attributed to applicants. Specifically after the first action is mailed, many applicants take the maximum amount of time allowed (statutory 6 months) to file an amendment. Some applications take beyond 2 years from FAOM to issue as the result.

]]> By: New Here http://www.ipwatchdog.com/2009/08/04/patent-quickie-getting-a-quick-patent-can-help/id=4765/#comment-7752 New Here Tue, 04 Aug 2009 20:30:18 +0000 http://www.ipwatchdog.com/?p=4765#comment-7752 I have something to add, "Court Quickie", seems to me if the PTO could, why not ?. With as you have mentioned, many inventors to indefinitely have their dreams, hopes and aspirations put on hold, to have such a hold in the courts after the PTO just does not seem right. Seeing years pass in court fights a "Court Quickie" would help too , just cut to the point like a "Judge Judy", just get up with no need for an Attorney, would speed up the courts and help there too. Not a joke, it's Law's bad when process is cut short or out. When this happens, becomes common place I can see the Law to cut out the Attorney, as what would be the need seeing a Judge having total power over sides in a case and the outcome. It's process, in the law made the USA what it is, without or just less process the PTO to become a larger problem and the rest of us, well left with only a fight. I have something to add, “Court Quickie”, seems to me if the PTO could, why not ?.
With as you have mentioned, many inventors to indefinitely have their dreams, hopes and aspirations put on hold, to have such a hold in the courts after the PTO just does not seem right. Seeing years pass in court fights a “Court Quickie” would help too , just cut to the point like a “Judge Judy”, just get up with no need for an Attorney, would speed up the courts and help there too.

Not a joke, it’s Law’s bad when process is cut short or out. When this happens, becomes common place I can see the Law to cut out the Attorney, as what would be the need seeing a Judge having total power over sides in a case and the outcome. It’s process, in the law made the USA what it is, without or just less process the PTO to become a larger problem and the rest of us, well left with only a fight.

]]> By: breadcrumbs http://www.ipwatchdog.com/2009/08/04/patent-quickie-getting-a-quick-patent-can-help/id=4765/#comment-7751 breadcrumbs Tue, 04 Aug 2009 19:46:34 +0000 http://www.ipwatchdog.com/?p=4765#comment-7751 ...as well as additional troubles for violating BIS rules. …as well as additional troubles for violating BIS rules.

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