Thank you for your suggestion! The links for the USPTO Patent Pro Bono page and the Federal Circuit Bar Association's National Clearinghouse application are now available in the video. For a specific region's application, please visit the main Patent Pro Bono page and click on the state you live in to apply directly to the regional program for your state: www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program
does a provisional patent help protect your design. asked another way, is it possible to file a design patent at a later date while being protected by a provisional patent?
Your protection will be determined in court. If your patent is infringed it is up to you and you alone to ask for a legal remedy. Your patent documents are your evidence of protection afforded by the patent laws. Your level of protection is determined solely by the contents of your patent whether provisional or otherwise.
What about the half a million dollars needed for legal defense AFTER receiving a patent when it is challenged at the USPTO's Patent Trial & Appeal Board (PTAB)??? Who will foot that bill Pro Bono? Anyone??? The America Invents Act of 2011 also created this problem. If you don't have this money, you should think twice before you share your invention with the public in pursuit of a patent. Because if someone wants to steal your patent, all they have to do is challenge it at the PTAB, and then you are on your own, and the cards are stacked against you. Here's why: 1. Per the 2017 AIPLA Report on the Economic Survey, the average cost for a patent owner to undergo a patent challenge through appeal is $451,000. 2. A patent only gives its owner the right to exclude others from using her invention; it does not give her the right to produce anything. Thus, there is no guarantee of any income as a result of receiving a patent. 3. Claims for patent challenges instituted at the PTAB are invalidated at an alarming rate of 84% (you only have 16% chance of success). 4.There is no monetary reward if you survive a patent challenge at the PTAB. Therefore, no attorney or investor is going to agree to help you via a contingency fee arrangement. This cost is on the inventor's dime. This is all because Big Tech reached the top and lobbied Congress to pull up the ladder, and as a result, Congress changed the patent law in favor of big business with the 2011 America Invents Act. Inventors are now feeling the consequences. If you want change, go to usinventor.org and join the growing movement to restore patent rights for inventors.
To The USPTO: If someone from the USPTO is ever reading this, I tried to upload my provisional patent on your website and it just keeps kicking me out when I try to upload the additional documents that I need to submit. Really FRUSTRATING!!! Can anyone help me out with this? Thanks in advance if you can. ~R~
We are sorry you are having difficulty. We suggest that you reach out to our Inventors Assistance Center. Contact information can be found on our website here: www.uspto.gov/learning-and-resources/support-centers/inventors-assistance-center-iac (Note that because of the federal holiday of December 24th, the office is not staffed until December 27.)
Much better than other USPTO videos. Thank you. PS Adding the links to the description section would be appreciated.
Thank you for your suggestion! The links for the USPTO Patent Pro Bono page and the Federal Circuit Bar Association's National Clearinghouse application are now available in the video.
For a specific region's application, please visit the main Patent Pro Bono page and click on the state you live in to apply directly to the regional program for your state: www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program
Is it weird that when I click on the link multiple times it takes me to bad gateway
does a provisional patent help protect your design. asked another way, is it possible to file a design patent at a later date while being protected by a provisional patent?
Your protection will be determined in court. If your patent is infringed it is up to you and you alone to ask for a legal remedy. Your patent documents are your evidence of protection afforded by the patent laws. Your level of protection is determined solely by the contents of your patent whether provisional or otherwise.
@@davidhunt4291 thank you so much
What about the half a million dollars needed for legal defense AFTER receiving a patent when it is challenged at the USPTO's Patent Trial & Appeal Board (PTAB)??? Who will foot that bill Pro Bono? Anyone??? The America Invents Act of 2011 also created this problem.
If you don't have this money, you should think twice before you share your invention with the public in pursuit of a patent. Because if someone wants to steal your patent, all they have to do is challenge it at the PTAB, and then you are on your own, and the cards are stacked against you.
Here's why:
1. Per the 2017 AIPLA Report on the Economic Survey, the average cost for a patent owner to undergo a patent challenge through appeal is $451,000.
2. A patent only gives its owner the right to exclude others from using her invention; it does not give her the right to produce anything. Thus, there is no guarantee of any income as a result of receiving a patent.
3. Claims for patent challenges instituted at the PTAB are invalidated at an alarming rate of 84% (you only have 16% chance of success).
4.There is no monetary reward if you survive a patent challenge at the PTAB.
Therefore, no attorney or investor is going to agree to help you via a contingency fee arrangement. This cost is on the inventor's dime.
This is all because Big Tech reached the top and lobbied Congress to pull up the ladder, and as a result, Congress changed the patent law in favor of big business with the 2011 America Invents Act. Inventors are now feeling the consequences.
If you want change, go to usinventor.org and join the growing movement to restore patent rights for inventors.
To The USPTO: If someone from the USPTO is ever reading this, I tried to upload my provisional patent on your website and it just keeps kicking me out when I try to upload the additional documents that I need to submit. Really FRUSTRATING!!! Can anyone help me out with this? Thanks in advance if you can.
~R~
We are sorry you are having difficulty. We suggest that you reach out to our Inventors Assistance Center. Contact information can be found on our website here: www.uspto.gov/learning-and-resources/support-centers/inventors-assistance-center-iac
(Note that because of the federal holiday of December 24th, the office is not staffed until December 27.)