Monday, July 7, 2008

Publishing Patent Applications

Publishing your patent application – You’ve come up with an invention and you want to protect it right away, so you file a patent application. What if someone you showed your invention immediately starts copying it? One way to start accumulating rights is to request immediate and early publication. Publishing it allows you to get provisional rights meaning if the patent issues with the claim substantially the same as the one published, you are entitled to a reasonable royalty from the time the infringer had actual notice of the application under 35 USC 154(d). One caveat, if you’re interested in seeking foreign patents, make sure you file them within one year of your application. If you’re an inventor with an application on file and this situation applies to you, ask your patent attorney to request early publication. Patent law on provisional rights can be found here:

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5 Comments:

At July 28, 2008 at 5:33 AM , Anonymous Anonymous said...

Can you share with us more information on Publishing Patent Applications?

 
At August 9, 2008 at 7:42 AM , Anonymous Anonymous said...

I would like to receive a Patent Applicaation, how do I go about receiving a Patent Application
Thank You,
JoAnn M.

 
At March 12, 2013 at 8:38 AM , Anonymous Anonymous said...

I have a Patent that has been published but did not think at the time of application that a International Patent was needed. Now I have some companies interested and they have International ties. is there any way to protect myself?

 
At April 30, 2015 at 8:37 AM , Blogger Ronny Gage said...

nice blog. I really like it. Does any body here want to know about how to apply for a patent try this for information

 
At May 15, 2015 at 11:48 AM , Blogger Caleb Hart said...

I didn't know that publishing was part of the process. My father has been working on some inventions for quite some time. He thinks it would be really nice if he could get a patent for his work. The last thing he wants is someone stealing his idea. http://www.patentinfoplus.com/-2.php

 

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