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To: chirodoc who wrote (3835)12/4/1999 1:29:00 PM
From: chirodoc  Read Replies (2) | Respond to of 6039
 
another great post about patents from RB

By: take37
Reply To: None Saturday, 4 Dec 1999 at 9:11 AM EST
Post # of 7560


chirodoc,
i read your message on the si board about patents. absolutely true. i myself have 2 patents pending. i filed them myself and it took less work than i thought it would. these were "provisional" patents. provisional patents are simply filed with the uspto and there is no research done through their office. as you stated it simply gives the person a first filing date of idea. not much protection though.

a person filing a provisional patent has 1 year from the date of filing to file a "utility" patent. this is much more complicated and is best done by an attorney.
specifications, claims, and drawings have to be done very professionaly and you need to know you are not stepping on anyone else's toes. once the utility patent is filed the uspto does a search of their own. according to my attorney he has known several people who have filed utility patents that have come back from the uspto several times because they have found some other patent that may be similar in some respects. changes have to be made and it is sent back again. this can go on for a long time.

once the uspto issues the utility patent you are fully protected but, you still have to either manufacture the product yourself or find someone to buy rights to the patent while still retaining rights yourself.

i have a brother who has 3 utility patents. one of them took him thousands of dollars and 8 years to get clearance from the goverment. i'll be filing utility patents on both of my provisionals this winter. i have no idea what kind of problems i may run into. but, i did spend months searching the uspto's databases of patents to better my chances that something like mine will not be found. still holding coii and will continue. good luck to all.