Posts Tagged: "first to file"

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 application. A provisional patent application will never itself mature into an issued patent, but in the right circumstance (and done properly) a provisional patent application can be a very useful tool for inventors. This is particularly true now that the United States is a first to file country, which absolutely must be interpreted as inventors needing to file first before disclosing anything about the invention, offering it for sale or using the invention publicly.

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 themselves should be given patent-style Miranda warnings before they file a patent application or say anything during the prosecution of a pending patent application… Another problem is with respect to not wanting their patent applications to be “too specific” and, therefore, keeping everything very general. If you are afraid to be specific in a patent application you really shouldn’t be seeking a patent in the first place.

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 couple different ways the product may go to market. The purpose of the first patent application is to clear some space so that the company can keep competitors away. This patent application is done with the highest degree of uncertainty about both the technology and the market. It is critical to note that not only is the entrepreneur just beginning the journey at this point, but so is the patent attorney. Neither player knows which elements of the invention will turn out to be important.

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, if a patent which is relying on a provisional patent application does serve as the basis for a successful product, the provisional application will then be closely reviewed. In other words if you a claiming priority to the provisional patent application and the the provisional was submitted without much due diligence then you are in a bit of trouble!

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 universally bad advice, but it certainly comes with a lot of risk, even more risk now that the United States is a first to file country with only an infinitesimally small grace period remaining. Today it is imperative that the U.S. first to file laws be interpreted to mean file first before you disclose anything, demonstrate your invention publicly or offer it for sale. The risk of waiting to file a patent application is simply too great and may forever foreclose the ability to obtain a patent.