Should I Protect My Software Back-end with A Patent Or Trade Secret? This is your judgment call. If someone files a patent on your back-end before you do, you risk expensive legal fees down the road proving that you were the first to use the technology. A valuable patent covers more than an exact rendition…
Yes, because it will ensure that any patent rights to the subject matter of your application are reserved for you, the first-filer. This provides you a chance to trump someone who is attempting to claim those patent rights. In this way, we address the problem before the competitor is issued a patent. The fees to…
When you intend on discussing your invention in depth with a third party, make sure they agree to keep the content of your discussion confidential. Also consider having them sign a non-disclosure agreement drafted by a Patent Attorney. If you are sending emails or documents containing descriptions of your inventions, be sure to label all…
You have exactly ONE year from the date your invention is publicly – disclosed, used, offered for sale – to file a provisional or non-provisional patent. If your idea has been exposed to the public and you don’t file for a patent within ONE year from the date of public exposure, you may be forfeiting…
Exposing of your idea or invention to the public more than 12 months before you file for patent protection may prevent you from obtaining patent rights to your idea or invention. There a number of ways you could have disclosed your invention to the public in the legal sense – the examples shown here only…
One way to prevent the provisional from expiring is to continuously have a provisional one file (just updated to the latest version of your back-end). If you let the provisional expire (and your back-end isn’t receiving a lot of press), you are back to square one. For the provisional to save you the risk of…
The USPTO allows you one year from the date of your first public disclosure to file for patent or provisional patent on your idea. This one-year period is known as the ‘grace period’. If you do not file for a patent or provisional patent within one-year of your first public disclosure, you will have been…
How Long Does It Take To Get A Patent? “On average, it takes 2-1/2 years to complete the application process for a patent in the U.S., according to data in the infographic generated by online patent law service SmartUp. Mechanical engineering patents are likely to take longer, with average wait times clocking in at almost…
Patent Rights: Should Patent Search Come Before Provisional Patent? “Do you recommend doing a patent search before applying for a provisional patent or should you do the provisional patent right away? I have a product that is already on the market, and want to know if it has an active patent. Thanks for your time.”…
The documents you submit will be added in an appendix to your provisional patent upon your request, but this will not be done without your authorization. It is important that you do not disclose any confidential information in your submitted documents. It is also important that you do not disclose anything in your document that…
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