Posts Tagged: first to file


Tesla continues to rack up patents despite Elon Musk’s supposed distaste for patents

For someone who avoids patents "whenever possible," Musk and his companies sure do seek patents on a lot of innovations. So why can't he just be honest …
By Steve Brachmann & Gene Quinn
2 months ago 13

The Trump Administration is Investigating the “Theft of IP” by China: What You Need to Know About Trademarks in China

A Couple of weeks ago, the Trump administration formally launched a “Section 301” investigation into the “theft of intellectual property” by China.  According to US Trade Representative Robert …
By Philip Nulud
2 months ago 0

What Inventors Need to Fix the Patent System

While we have damaged our patent system, China has strengthened theirs. Job creation is stagnant, economic growth is anemic and the America Dream is dying. Congress must …

Amgen v. Regeneron: Will the permanent injunction against Regeneron’s new PCSK9-inhibitor hold up on appeal?

On January 5, 2017, the District of Delaware issued its long-awaited decision in the patent dispute pending between Amgen and Regeneron wherein the Court granted Amgen’s request for …
By Zachary Silbersher
10 months ago 1

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
1 year 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
1 year 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 year 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
1 year 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
2 years 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, …

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 …

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
2 years 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
2 years 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
2 years ago 59