Posts Tagged: first to file


The America Invents Act on Its Fifth Anniversary: A Promise Thus Far Only Partially Fulfilled

Unfortunately, Mr. President, after five years I cannot report back that the AIA has yet ”improve[d] patent quality and help[ed] give entrepreneurs the protection and …
By Phil Johnson
11 days ago 3

The AIA’s First-to-File Transition SHOULD have Resulted in More Provisional Filings

To investigate whether applicants have been adopting a strategy of filing more provisional applications, we determined a ratio of the number of provisional filings (with a first-named …

The America Invents Act Five Years Later: Reality, Consequences and Perspectives

At exactly 11:42am on September 16, 2011, President Barak Obama signed the America Invents Act into law. As President Obama put his pen down he said: “All right guys, …
By Gene Quinn
20 days ago 22

Provisional Patents: What are they and why do you need them?

The first thing to say is this: there is no such thing as a provisional patent. You can, however, file what is known as a provisional patent …
By Gene Quinn
1 month ago 3

5 things inventors and startups need to know about patents

One big problem independent inventors face when they choose to represent themselves is with respect to the very real problem of admissions. Truthfully, those who are representing …
By Gene Quinn
3 months ago 14

The First Patent: A Roadmap for a Startup’s Patent Portfolio

The first patent is typically filed prior to entering the market. This prophetic patent might have several different ways a product may be designed and capture a …
By Russ Krajec
5 months ago 3

Is your provisional patent worth anything?

The challenge when you are filing a patent application is you don't know if the invention will become the next billion dollar drug. As you can imagine, …
By Dr. Dipanjan "DJ" Nag
6 months ago 2

First Inventor to File (FITF) Patent Prosecution

Hosted by the USPTO. Will cover helpful tips concerning identifying the America Invents Act (AIA) status of your application, invoking prior art exceptions during prosecution, and getting …
By Gene Quinn
8 months ago 0

First to File Means File First! The Risk of Not Immediately Filing a Patent Application

When people say that inventors do not need to start with a patent application and can wait to file I cringe. It is not that this is …
By Gene Quinn
9 months ago 1

The Myth of the 18-Month Delay in Publishing Patent Applications

Starting in November 2000, the USPTO started publishing patent applications 18 months after their earliest filing date. So the simple assumption is that you file a patent and 18 months …
By John F. Martin
1 year ago 8

Why it is unnecessary to open the patent system

Chien argues that it is impossible for someone to donate their technology without fearing that another will get a patent on it and defeat the well-meaning donation …
By Gene Quinn
1 year ago 59

The Risk of Not Immediately Filing a Patent Application

I do not begrudge anyone their point of view, or suggest that there is but one right way to successfully get from point A where you have …
By Gene Quinn
2 years ago 1

USPTO to Host First-Inventor-to-File Anniversary Forum

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today announced that it will host a public forum to discuss the first-inventor-to-file (…
By U.S.P.T.O.
3 years ago 0

The Impact of the First-to-File System on Premature Disclosures of Inventions on Social Media Websites

Social media websites such as Facebook, LinkedIn and Twitter, have changed the manner that businesses communicate and market their products and innovations. Although these tools may be …
By Mark Wallerson
3 years ago 3

The Benefits of a Provisional Patent Application

Like any other patent application, a provisional patent application is effective to stop the clock relative to so-called statutory bars and immediately upon filing a provisional patent …
By Gene Quinn
3 years ago 45