Comments on: The Risk of Not Immediately Filing a Patent Application http://www.ipwatchdog.com/2009/10/30/the-risk-of-not-immediately-filing-a-patent-application/id=7014/ Patents, Software Patents, Patent Applications & Patent Law Thu, 09 Feb 2012 07:58:49 +0000 hourly 1 By: Protecting Ideas: Can Ideas Be Protected of Patented? | IPWatchdog.com | Patents & Patent Law http://www.ipwatchdog.com/2009/10/30/the-risk-of-not-immediately-filing-a-patent-application/id=7014/#comment-17198 Protecting Ideas: Can Ideas Be Protected of Patented? | IPWatchdog.com | Patents & Patent Law Tue, 23 Nov 2010 18:58:47 +0000 http://www.ipwatchdog.com/?p=7014#comment-17198 [...] Conception is an important concept in patent law because in the United States it is the first person to invent that will ultimately receive the exclusive rights on an invention (provided other legal requirements are satisfied). That being said, it is critical that once you conceive (idea + game plan) you will need to be diligent and not let any grass grow under your feet as you move forward toward defining and experimenting with your invention.  To many inventors erroneously believe that if they invented first they can wait for years and then file an application after some big corporation has started to make the invention.  Doing that is a recipe for failure.  You will have lost your rights and there will be nothing you can do to fix the situation.  You are always better served by moving quickly to obtain a patent.  Not moving quickly is fraught with risk.  See The Risk of Not Immediately Filing a Patent Application. [...] [...] Conception is an important concept in patent law because in the United States it is the first person to invent that will ultimately receive the exclusive rights on an invention (provided other legal requirements are satisfied). That being said, it is critical that once you conceive (idea + game plan) you will need to be diligent and not let any grass grow under your feet as you move forward toward defining and experimenting with your invention.  To many inventors erroneously believe that if they invented first they can wait for years and then file an application after some big corporation has started to make the invention.  Doing that is a recipe for failure.  You will have lost your rights and there will be nothing you can do to fix the situation.  You are always better served by moving quickly to obtain a patent.  Not moving quickly is fraught with risk.  See The Risk of Not Immediately Filing a Patent Application. [...]

]]> By: The Business Responsible Approach to Inventing | IPWatchdog.com | Patents & Patent Law http://www.ipwatchdog.com/2009/10/30/the-risk-of-not-immediately-filing-a-patent-application/id=7014/#comment-15364 The Business Responsible Approach to Inventing | IPWatchdog.com | Patents & Patent Law Fri, 03 Sep 2010 21:48:32 +0000 http://www.ipwatchdog.com/?p=7014#comment-15364 [...] Without at least a patent pending you do not have an asset that can be licensed, and you have no protection at all against those who would copy your invention.  I talk to inventors all the time that came up with something and never filed a patent application and now they see something like what they developed on the market.  Without a patent there is nothing you can do, so be warned.  You are also universally better off filing a patent application sooner rather than later.  Although the US is a first to invent country (at least for now) you are always better off having filing sooner rather than later.  See The Risk of Not Immediately Filing a Patent Application. [...] [...] Without at least a patent pending you do not have an asset that can be licensed, and you have no protection at all against those who would copy your invention.  I talk to inventors all the time that came up with something and never filed a patent application and now they see something like what they developed on the market.  Without a patent there is nothing you can do, so be warned.  You are also universally better off filing a patent application sooner rather than later.  Although the US is a first to invent country (at least for now) you are always better off having filing sooner rather than later.  See The Risk of Not Immediately Filing a Patent Application. [...]

]]> By: LegalZoom Sued in Class Action for Unauthorized Law Practice | IPWatchdog.com | Patents & Patent Law http://www.ipwatchdog.com/2009/10/30/the-risk-of-not-immediately-filing-a-patent-application/id=7014/#comment-11471 LegalZoom Sued in Class Action for Unauthorized Law Practice | IPWatchdog.com | Patents & Patent Law Mon, 22 Feb 2010 00:39:19 +0000 http://www.ipwatchdog.com/?p=7014#comment-11471 [...] grace period between public use or offers for sale and the filing of a patent application (see The Risk of Not Immediately Filing a Patent Application), but in virtually all places outside the US an absolute novelty rule is followed, which means you [...] [...] grace period between public use or offers for sale and the filing of a patent application (see The Risk of Not Immediately Filing a Patent Application), but in virtually all places outside the US an absolute novelty rule is followed, which means you [...]

]]> By: Kappos Talks Patent Reform at USPTO Inventors Conference | IPWatchdog.com | Patents & Patent Law http://www.ipwatchdog.com/2009/10/30/the-risk-of-not-immediately-filing-a-patent-application/id=7014/#comment-9063 Kappos Talks Patent Reform at USPTO Inventors Conference | IPWatchdog.com | Patents & Patent Law Fri, 06 Nov 2009 23:35:05 +0000 http://www.ipwatchdog.com/?p=7014#comment-9063 [...] a patent application.  This advise is simply not in the best interest of the inventor.  As I recently explained, if you wait you may not be able to ever obtain a patent because unknown to you there may be [...] [...] a patent application.  This advise is simply not in the best interest of the inventor.  As I recently explained, if you wait you may not be able to ever obtain a patent because unknown to you there may be [...]

]]> By: Should You File a Patent Application Now or Can You Wait? « INVENTIVE STEP http://www.ipwatchdog.com/2009/10/30/the-risk-of-not-immediately-filing-a-patent-application/id=7014/#comment-9013 Should You File a Patent Application Now or Can You Wait? « INVENTIVE STEP Thu, 05 Nov 2009 17:25:04 +0000 http://www.ipwatchdog.com/?p=7014#comment-9013 [MARKED AS SPAM BY ANTISPAM BEE] [...] You File a Patent Application Now or Can You Wait? A recent post on IPWatchdog got me thinking about this issue again.  While I agree with the sentiments made there, I decided [...] [MARKED AS SPAM BY ANTISPAM BEE]
[...] You File a Patent Application Now or Can You Wait? A recent post on IPWatchdog got me thinking about this issue again.  While I agree with the sentiments made there, I decided [...]

]]> By: Gene Quinn http://www.ipwatchdog.com/2009/10/30/the-risk-of-not-immediately-filing-a-patent-application/id=7014/#comment-8915 Gene Quinn Sat, 31 Oct 2009 14:50:14 +0000 http://www.ipwatchdog.com/?p=7014#comment-8915 Paul- So true indeed. It is great to be the first to invent, but only if you can prove it and only if you don't wait so long that a statutory bar exists. The one thing that is news to inventors so often (I think) is that their testimony is no evidence at all regarding first to invent, and reality doesn't matter if you do not have hard, verifiable evidence to back up the claim. Unfortunately, I think it is fair to say that many inventors, perhaps even most inventors, do not keep sufficient records to ever demonstrate they were the first to invent. Thanks for reading. -Gene Paul-

So true indeed. It is great to be the first to invent, but only if you can prove it and only if you don’t wait so long that a statutory bar exists. The one thing that is news to inventors so often (I think) is that their testimony is no evidence at all regarding first to invent, and reality doesn’t matter if you do not have hard, verifiable evidence to back up the claim. Unfortunately, I think it is fair to say that many inventors, perhaps even most inventors, do not keep sufficient records to ever demonstrate they were the first to invent.

Thanks for reading.

-Gene

]]> By: Paul F. Morgan http://www.ipwatchdog.com/2009/10/30/the-risk-of-not-immediately-filing-a-patent-application/id=7014/#comment-8914 Paul F. Morgan Sat, 31 Oct 2009 14:41:42 +0000 http://www.ipwatchdog.com/?p=7014#comment-8914 Thank you for helping to overcome the widespread myth that the U.S. "first to invent" system allows and adequately protects significant delays in filing patent applications against others filing faster, or intervening prior art bars as noted. That myth is maintained by widespread ignorance and misrepresentation of how the "interference" system actually works, and how commonly Rule 112 declarations are fatally defective. Thank you for helping to overcome the widespread myth that the U.S. “first to invent” system allows and adequately protects significant delays in filing patent applications against others filing faster, or intervening prior art bars as noted. That myth is maintained by widespread ignorance and misrepresentation of how the “interference” system actually works, and how commonly Rule 112 declarations are fatally defective.

]]> By: uberVU - social comments http://www.ipwatchdog.com/2009/10/30/the-risk-of-not-immediately-filing-a-patent-application/id=7014/#comment-8911 uberVU - social comments Sat, 31 Oct 2009 02:48:13 +0000 http://www.ipwatchdog.com/?p=7014#comment-8911 <strong>Social comments and analytics for this post...</strong> This post was mentioned on Twitter by Gene Quinn: Risk of Not Immediately Filing a Patent Application. Some advise wait, but that can prevent a patent from ever issuing. http://bit.ly/3feU2A... Social comments and analytics for this post…

This post was mentioned on Twitter by Gene Quinn: Risk of Not Immediately Filing a Patent Application. Some advise wait, but that can prevent a patent from ever issuing. http://bit.ly/3feU2A...

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