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...]
One Year Grace Period
The one year grace period is a law that allows inventors to publicly disclose their invention without being patent pending then file a patent application within one year of the public disclosure. The United States is a first to file country and marketing one’s product without patent pendency may jeopardize the inventor’s ability to secure patent protection.
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...]
In 2013, the United States transitioned from a first-to-invent system to a first-inventor-to-file system under the America Invents Act. A basic difference in the two systems is that the first-to-invent system focuses on the inventor’s date of conception, whereas the first-inventor-to-file system primarily relies on the filing date of the patent application to determine who is … [Read more...]
New Patent Laws (AIA) have been bad for independent inventors and start-ups The America Invents Act (AIA) signed by President Obama in my opinion is not better for independent inventors. Here’s why. Under the America Invents Act, the U.S. patent system switched from a first-to-invent rule to a first-to-file rule. Under the first to invent rule, the person who first … [Read more...]
Startups are always worried that they might do something that will jeopardize their ability to seek patent protection for their idea or invention. One area that startups and inventors often falter is in the bars to patentability. There are three bars to patentability. They are the offer for sale, public use and the printed publication. Upon the first instance of any one … [Read more...]