(And Why “Quick” Filings Are Often a Trap) In the world of intellectual property, inventors are constantly told they must file immediately. The message is always the same: you are in a race, and if you do not get something on file today, your idea will be stolen tomorrow. Much of this urgency comes from patent attorneys who benefit from pushing inventors to spend money sooner … [Read more...]
First to file
The first to file rule dictates the inventor who first filed a patent application on the invention with the USPTO will be awarded the patent. Browse related articles below.
Why Test Marketing Your Invention Before Filing Puts Your Patent at Risk
In an ideal world, startups could test their inventions in the market without needing to invest in a patent right away. That's how it used to be until the America Invents Act (AIA) was passed in 2013. A provision in the AIA seems to offer inventors the ability to test market their invention. The AIA allows for a one-year grace period that allows inventors to publicly disclose … [Read more...]
What is the difference between the first inventor to file and the first to invent rules in the United States?
The difference between the first inventor to file and the first to invent rule in patent law is whether the Patent Office looks to the filing dates of the respective patent applications or the dates of the invention to determine who is awarded the patent. Under the first inventor to file rule, the Patent Office looks to the filing dates of the respective applications. The … [Read more...]
What is the First Inventor to File (FITF) provisions of the America Invents Act (AIA)?
What is the first inventor to file (FITF) rules for patents? The first inventor to file (FITF) rule in patents means that between two inventors, the Patent Office will grant a patent to the one who first filed a patent application regardless of when they conceived the invention. For example, assume the second inventor to file conceived the invention on January 1 but filed … [Read more...]
What is a priority date?
A priority date is the earliest date on which an inventor can establish a date of invention. The inventor with the earlier priority date is awarded the patent. Typically, the priority date of a patent application is its filing date. If the patent application claims priority over other earlier filed patent applications, the priority date is the earliest filed provisional, … [Read more...]
File a patent application before telling others about the invention
Inventors often ask if they can tell others about the invention before filing a patent application. They want to get feedback from others (i.e., friends, investors, licensees, customers) to see if their is good enough to warrant the high cost to hire a patent attorney. After all, if no one willing buy the product, then why waste money on legal fees. I would feel the same way … [Read more...]
Pitfalls of one year grace period under the FITF rules
Under current U.S. patent laws, the first inventor to file (FITF) a patent application on an invention is awarded the patent. This means that if two individuals separately file patent applications on the same idea, then the person who first filed its patent application in the U.S. Patent Office will be awarded the patent. The Patent Office merely looks to the filing dates of … [Read more...]
Be wary of marketing invention before filing a patent application
Entrepreneurs typically undertake a number of efforts in order to sell a product. They demonstrate their products to the public and one-on-one to buyers. They may engage in cold calls to set up customer meetings, place informational content on a website to provide more information about the product and attach files to e-mails. These efforts can be broadly categorized as a … [Read more...]