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What is the benenfit to filing a patent application?

Updated: 8/21/2019
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Q: What is the benenfit to filing a patent application?
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How do you efile a patent?

You get the e-filing software and use that to create and upload the application. Or, to be more blunt, you hire a patent attorney to do it for you.


Provisional Patent Application?

Get StartedThe provisional patent application is designed to provide a lower-cost first patent filing in the United States. It allows patent filing without a formal patent claim, oath or declaration, or any information disclosure statement of pre-existing inventions (prior art). It also allows the term "Patent Pending" to be applied in connection with the description of the invention. By filing a provisional patent, the inventor benefits in three ways:The ability to patent the invention can be assessed with less cost and effort than going through the full non-provisional patent process.The resulting publication or patent will be given the earlier provisional application filing date.The twenty-year patent term is still measured from the later non-provisional application filing date.Although the provisional application is less involved than the non-provisional application, the provisional application must adequately describe the subject matter claimed in the later-filed non-provisional application to benefit from the provisional application filing date. The specification of the invention in the application should describe the manner and process of making and using the invention, in full, clear, concise and exact terms so that any person "skilled in the art to which the invention pertains" could make and use the invention.A provisional patent application is good for 12 months from the date it is filed. The 12-month period cannot be extended. Therefore, an applicant who files a provisional application must file a corresponding non-provisional patent application during the 12-month period to benefit from the earlier filing date. By filing a provisional application first, and then filing a corresponding non-provisional application that references the provisional application within the 12-month provisional application pendency period, the term of a patent can be extended by as much as 12 months.


Can a PCT patent application validly claim priority to a national patent application filed in Iraq?

A patent application can claim priority under the Paris Convention, based upon a national application in Iraq. If none of the applicants are nationals or residents of a PCT contracting country (which Iraq is not), then no PCT filing date can be obtained for that application.


How do you patent liquor?

As a registered patent attorney, I can tell that you do this by filing a patent application for your particular liquor at the US Patent & Trademark Office and getting that application allowed and issued. It's an expensive process that usually takes the help of a patent attorney. You should expect to pay at least about $10,000 to obtain and maintain a US Patent.


What happens if you have a patent that's barely similar to another and take a risk by filing it?

During the patent examination process, if the new application is found to be too similar, you will need to appeal. The new application may eventually be denied. Essentially, the risk is you spend a lot of money on the application and appeals process, and end up with no patent at the end of it.


Is filing for an international patent application better than national application?

Not really. An "international application" merely means your national application will be filed in multiple additional countries, each of which may require additional fees, if not search and examination, prior to issuing a patent in that country. It might be considered "better" in the sense that having a patent in multiple countries may be more valuable than having one in a single country.


Difference between patent and patent pending?

A patent is a grant from a patent office, such as the United States Patent Office. "Patent Pending" is a phrase that an application for a patent has been filed and is in some stage in the process of obtaining a patent. Thus, a patent can be presently enforced while a patent that is merely pending is unenforceable but can mature into a patent that can be enforced. Once the pending patent matures, the patent owner can sue for back damages or reasonable royalties starting from the filing date of the patent.


Should you file your provisional patent application with the same paper work as your none provisional patent application?

No, an inventor would typically file a provisional application at some time prior to filing the non-provisional and then cite the provisional and incorporate it by reference, to obtain the benefit of the earlier filing date and all that is disclosed in the provisional. You can file any number of provisional applications then one or more non-provisional applications citing one or more of the provisionals when you're ready.


What is the difference between a non-drafted Provisional Patent Application and a fully-drafted Provisional Patent Application?

A non drafted provisional application provides the means to establish an early priotiy date. It allows filing without any formal patent claims, declaration or any information disclosure (prior art statements). Such applications enable inventor to put 'Patent Pending' on his products. If provisional application is fully drafted it allows the inventor to have a better claim over his invention in view of potential infringer. He can claim his invention in a wider manner.


Does the government provide money grants for patent application work done by a patent lawer?

Does the government proviide money grants for patent application work done by patent lawyers


What is publication for opposition in Israeli patent law?

When a complete application is received by the patent office, filing details are published in the Patents and Designs Journal. An abstract is published after the substantive examination (which can take up to 3 years), and if no opposition is filed within three months of the second publication, a patent is granted.


How long to get a provisional patent approved?

There's no such thing as a provisional patent. A provisional application can be filed up to a year before your product or process is ready for a regular patent application, in order to give you an earlier filing date and allow the use of the phrase "patent pending." Provisional applications have no examination, and are therefore considerably easier and cheaper to file, giving you a year to prepare the "real thing."When a provisional application is submitted electronically, the materials are automatically entered into the system, and you will fairly quickly receive a receipt acknowledging your submission date.