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reduction to practice – IPWatchdog.com | Patents & Patent Law http://www.ipwatchdog.com Patents, Software Patents, Patent Applications & Patent Law Sun, 20 Aug 2017 11:15:25 +0000 en-US hourly 1 https://wordpress.org/?v=4.8.1 Inventing 101: Protecting Your Invention When You Need Help http://www.ipwatchdog.com/2016/11/05/inventing-101-protecting-invention/id=74486/ http://www.ipwatchdog.com/2016/11/05/inventing-101-protecting-invention/id=74486/#comments Sat, 05 Nov 2016 13:30:16 +0000 http://www.ipwatchdog.com/?p=74486 Once you get that first provisional patent application filed you are ready to approach others for assistance with your invention. You have a measure of protection, but never forget you have no exclusive rights until the patent ultimately issues. You should also still get a confidentiality agreement signed by anyone who provides assistance to you. While the clock in the US is ticking to file the nonprovisional, the real important significance of confidentiality agreements after a provisional filing is so that those who assist you will not run off with your invention on their own. With this in mind, it is ABSOLUTELY CRITICAL that you get an assignment of rights with respect to any protectable aspects provided by those giving you assistance.

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Every invention starts with an idea http://www.ipwatchdog.com/2015/01/24/every-invention-starts-with-an-idea/id=54131/ Sat, 24 Jan 2015 13:00:50 +0000 http://www.ipwatchdog.com/?p=54131 The truth is you cannot patent or protect an idea or a concept. However, it is also an undeniable truth that all inventions start with an idea, but an idea is not something that can be protected by any form of intellectual property protection. Said another way, you simply cannot patent an idea or concept. Similarly, you cannot copyright or trademark an idea or concept. So what do you do when you have an idea? How much is required in order to have an invention?

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Inventing 101: Protecting Your Invention When You Need Help http://www.ipwatchdog.com/2012/09/21/inventing-101-protecting-your-invention-when-you-need-help/id=28156/ http://www.ipwatchdog.com/2012/09/21/inventing-101-protecting-your-invention-when-you-need-help/id=28156/#comments Fri, 21 Sep 2012 23:01:15 +0000 http://www.ipwatchdog.com/?p=28156 So how do you decide whether you have a mere idea or a conception that is on the road to a full blown invention? That is a difficult question to answer and one that has few, if any, bright line rules or useful generalizations. What I would say, however, is this: If you can sketch out the invention on paper (in the case of a device) or list the steps (in the case of a process) you likely have something that is tending toward the invention side of the idea-invention continuum. This is because in order to file a patent application you do not have to have ever made the invention or used it, you just need to be able to explain to others how to make and use the invention. So proofs on paper associated with written text explaining the particulars is enough to satisfy the patentability requirements in the United States. So in many, if not most, cases inventors have an invention capable of obtaining protection far earlier than they likely expect.

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Change? Derviation May Feel a Lot Like Interference Practice http://www.ipwatchdog.com/2012/04/09/change-derviation-may-feel-a-lot-like-interference-practice/id=24020/ http://www.ipwatchdog.com/2012/04/09/change-derviation-may-feel-a-lot-like-interference-practice/id=24020/#comments Mon, 09 Apr 2012 17:18:22 +0000 http://www.ipwatchdog.com/?p=24020 How this will philosophically change things remains unclear because the America Invents Act requires that the petition filed to institute a derivation proceeding demonstrate that the claimed invention in the subject application or patent was derived from an inventor named in the petitioner’s application without authorization. The Patent Office has also recognized the similarity between derivation proceedings and interference practice, saying: "Petitions to institute derivation proceedings, while distinct from interference practice, raise similar issues to those that may be raised in interferences in a motion for judgment on priority of invention. Currently, motions for judgment on priority of invention, including issues such as conception, corroboration..." See 77 Fed. Reg. 7035 (10 February 2012).

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Patent Truth and Consequence: File First Even in the U.S. http://www.ipwatchdog.com/2011/03/20/patent-truth-and-consequence-file-first-even-in-the-u-s/id=15814/ http://www.ipwatchdog.com/2011/03/20/patent-truth-and-consequence-file-first-even-in-the-u-s/id=15814/#comments Sun, 20 Mar 2011 18:56:06 +0000 http://ipwatchdog.com/?p=15814 The date of invention relates to your conception. This is true whether you are engaging in an interference proceeding seeking to obtain a claim instead of another who is also seeking the claim, or you are attempting to demonstrate that you can get behind a reference used by an examiner because you have an earlier date of invention. The hallmark of a first to invent system is that those who file second can obtain a patent under very strictly limited scenarios. A byproduct of a first to invent system is that if the examiner finds prior art you can "swear behind" the reference using a 131 affidavit to demonstrate that reference is not prior art for your invention. In both the interference context and the 131 affidavit context there needs to be proof of conception that will satisfy the patent laws.

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Invention to Patent: The Pitfalls, Perils and Process http://www.ipwatchdog.com/2010/12/16/invention-to-patent-the-pitfalls-perils-and-process/id=13727/ http://www.ipwatchdog.com/2010/12/16/invention-to-patent-the-pitfalls-perils-and-process/id=13727/#comments Thu, 16 Dec 2010 12:30:17 +0000 http://ipwatchdog.com/?p=13727 There are a number of things that you need to know about the invention and patent process that can help you focus your efforts and know what obstacles lay in front of you. 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. Generally speaking, conception without diligence can cause the first person who invents to lose the right to the invention assuming someone else invents after you but files their patent application first. So, the moral of the story is once you have your idea and the game plan move swiftly. The law realizes that so-called "garage inventors" cannot quit their day job, but the law will also require proof that you are consistently moving forward and not shelving the invention for periods of time in favor of other endeavors.

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Federal Circuit: Foreign Application Not Priority in Interference When it Only “Envisions” Invention http://www.ipwatchdog.com/2010/09/13/interference-appeal-federal-circuit-overrules-board-on-constructive-reduction-to-practice/id=12469/ http://www.ipwatchdog.com/2010/09/13/interference-appeal-federal-circuit-overrules-board-on-constructive-reduction-to-practice/id=12469/#comments Mon, 13 Sep 2010 20:58:13 +0000 http://ipwatchdog.com/?p=12469 Last week the United States Court of Appeals for the Federal Circuit issued a ruling in Goeddel v. Sugano, which might be one of a dying breed should patent reform actually pass. The case dealt with an appeal from an interference proceeding where the Board awarded priority based on a Japanese application. The Federal Circuit, per Judge Newman, explained that it was inappropriate to say that the Japanese application demonstrated a constructive reduction to practice because the application merely would allow the skilled reader to "envision" the invention covered in the interference count. If patent reform passes (and yes that could really happen) cases like Goeddel would become a thing of the past, although priority determinations like this one in Goeddel will certainly not go away.

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