I am debating filing a provisional patent but am trying to
I am debating filing a provisional patent but am trying to understand the value. A provisional patent, as I understand it, would give you proof that you created something before your competitors but I've been told the provisional patents are not publicly searchable or available. So, what is the use? If a patent isn't searchable, a competitor may not be able to steal your ideas or know where you are going with your products but, at the same time, they can't review your pending patent to ensure they won't be infringing on your technology.
Lets say i created a basketball that was more fun to shoot
lets say i created a basketball that was more fun to shoot because of particular markings I put on it.The markings made the rotations of the ball stand out, which creates a little visual appeal that people find amusing.These are marking ive never seen on basketball before (making it seemingly novel and new).Can i protect from someone else putting those exact same markings on basketballs and selling them. If so how?What about if someone else wanted to do a slight variation to my markingslike for example the same markings but 33 percent bigger or the same markings except different color?
I have developed software to monitor large paper and tissue
I have developed software to monitor large paper and tissue machines in a novel way. Because it is a large package with many components I have written up provisional patents in three seperate applications. I would like to share with a prospective company that may want to license the patent or patents. The question is: If they see the patents can they then file their own patent if they think they have a better way to limit my patent. Also, if a concept is being used but being kept as a trade secrete legally or just keeping it under wraps, can that be used to override my patent if it is finally granted in a permanent patent?JA: What's the invention's purpose?Customer: One patent provides what is known as a state machine to keep track of all events in part of the process which are critical in measuring the Speed, Efficiency and Waste which are used in financial models to understand the performance of the machine. This allows the machine to be optimized for consistent quality at lowest cost.JA: Have you talked to a lawyer yet?Customer: Briefly but I didn't reveal the concept becuase I wanted to understand better what I actually thought was patentable. I had a two hour meeting with no agreements and then got a bill for $1800 which was for a one page letter to my programmer giving up copyrightJA: Anything else you think the lawyer should know?Customer: What is the value of a Non-disclosure document in this situation? Also, if I show the result but not the means, is that revealing the patent? Or, do I have to just keept the means confidential till I file the provisional patent.
I was a graduate student from 2006 to 2008, and I hold a
I was a graduate student from 2006 to 2008, and I hold a student visa back then. I made a great invention but I did not realize how great it is because I was inexperienced and naive. At 2008, My professor lured me into signing a contract which gave me 1% of his found company. I was young and naive and came from a totally different background to USA. This is a very unfair contract but I signed it right away without even read it. Two years later, the company sent me an email stating that the value of my share dropped to 1 US cent.I was contacted by the company last week, the professor want to offer me a one-time payment to exchange me to do something (I donot know what he wants, because I did not reply his email.).As far as I know, there are three US patents approved with my name on it, and also the professor's. At 2008, He also signed a contract for provisional patent, and I have 50% share in it, which can prove my contribution to the invention. Later on, he must regret this and never mentioned it. There are also newspaper report about the invention with my name on it. Also, I won a business competition at 2008 with this invention, and I met the professor's business partner there. They together cut me out.At 2009, I quit my job and return to the university and hoped to make more progress to the invention. by that time, the professor already have the company established, but he also kept his position in the university. He kept me from the company the whole time, and at 2010, he stopped my student scholarship, so I could not continue the research and couldnot finish the Phd degree, and couldnot hold the student visa anymore, So I left the country.Overall, to this date, I have never received one cent from the invention. My naive action in my young age must make a big damage and I would like to know if its possible to overrule it.
I filed a provisional patent application in March of last
I filed a provisional patent application in March of last year, it has obviously since expired. I was under the impression that you could extend it for one year. Was I wrong? Can you not extend it one additional year? If not, is there a way to redo the provisional patent application and get a different one? What if my design has changed? What if I wasn't very thorough in the initial app? I know they don't review them and it's simply to buy me time to file the non-provisional, but I let it expire because I thought I wasn't moving forward with the build of the device, I am now.
Patent and Copyright:What is the name of a patent filing
Patent and Copyright:What is the name of a patent filing which involves my very specific use of color and shape to create a very specific type of illustrative image. That image could go on my website, t-shirts, fliers, etc. But I need to protect it from being copied.I was under the impression that patent pending status could be gotten for this, so I would not be strictly relying on my common-law copyright protections. And if such a patent can be applied for, could I file a provisional patent application?Secondly, what about protecting my special drawing with Copyright? What kinds of Copyright protections are there, in addition to common-law, for such a design via an official filing of copyright?Thanks.
I am small first time inventor getting ready to file a
I am small first time inventor getting ready to file a patent (a micro entity) on a new 4 wheel kind of bike. I believe this product has real market potential or of course I wouldn't be patenting it. The USPTO has a program where I can pay roughly $1000 to get it basically Fast Tracked and reviewed within about a year vs. maybe a more typical 2 to 3 years. I am debating whether to do this or not. Do you have an opinion on this or the pros and cons?