Provisional Patent Application First?

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  • Опубліковано 15 жов 2024

КОМЕНТАРІ • 35

  • @johnferrellesq.
    @johnferrellesq.  2 роки тому +2

    Speak With an Attorney: call 650 - 812 - 3408 or email info@carrferrell.com
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  • @Countrylifeprojects
    @Countrylifeprojects Рік тому

    Thank you for sharing this clear and concise information. Curious, can US PPA's be filed by non US citizens - In my case Canadian?

    • @johnferrellesq.
      @johnferrellesq.  Рік тому

      @Countrylifeprojects - Yes, under U.S. law you can file a PPA in the U.S. as a Canadian citizen. Many countries have a requirement to file in their local countries first, before filing in the U.S., but this does not appear to be the case in Canada unless you are a government employee of Canada. (You should verify this with a Canadian attorney as to the rules in Canada.) patentlyo.com/patent/2014/10/considerations-international-inventions.html
      Thank you so much for watching my video and leaving your comment. I am very grateful to have you here 😊 -john

    • @Countrylifeprojects
      @Countrylifeprojects Рік тому

      @@johnferrellesq. Gladly... and likewise, thank you for this very important info and means to temporarily protect ideas at a very low cost. Didn't know about PPA's until I came across these videos.

  • @maxfitness3608
    @maxfitness3608 Рік тому +1

    Bless you! Waiting for another video

    • @johnferrellesq.
      @johnferrellesq.  Рік тому

      Thank you @maxfitness3608! Stay tuned, there's one more video coming this week

  • @antiqueexcavator9403
    @antiqueexcavator9403 2 роки тому +1

    Once again, Very helpful video! Thank you!

    • @johnferrellesq.
      @johnferrellesq.  2 роки тому

      Thank you for watching my videos. Warm wishes. -john

  • @EvolvedBonobo
    @EvolvedBonobo 2 роки тому +1

    Useful video, thanks! You mention PPAs are informal, but just how informal? Can you use any font style, font size, margins, pages, etc.? Can your images just be images, or must they be labeled "Fig 1." , etc. with arrows pointing to features and then referenced in the specification as such when describing a feature? I know from your earlier video that PPAs need a title, summary, and specification, but anything specific to those items in terms of technicalities (e.g., font size)?

    • @johnferrellesq.
      @johnferrellesq.  2 роки тому +1

      @David M. Yes, PPAs can be super-informal. As for the specification, there are no formatting requirements. You can hand write the description in crayon on the clean side of a used napkin and sketch the figures in water color, so long as the application provides an explanation of how to practice the invention.
      As a practical matter, however, if you want to license your invention or raise funding for your product, you will almost certainly be asked to share the provisional application with the licensee or investor. A patent specification hand doodled in magic marker may affect valuation. 😊
      Warm wishes, David. -john

    • @johnferrellesq.
      @johnferrellesq.  2 роки тому +1

      @David M. Putting aside the limits of informality, PPAs are serious documents in the sense they support the proof of invention. It's important to include as much of the detail of the invention as you know at the time of filing and present it in a way that a jury can clearly understand. Best practice is to make the PPA look as much like a utility application as is practical.
      Hope this helps. -john

  • @paulie4450
    @paulie4450 4 місяці тому +1

    Hey John, this was rather helpful!
    I have a question.
    How far will the Provisional Patent Application protect my app/software from being copied?
    The app/software is unique and a direct copy does not exist yet.
    Let's say I've already started getting users, and plan to have marketing material across the internet too.
    Will a PPA + Copyright be enough to sue someone who copies it?
    Thank you.

    • @johnferrellesq.
      @johnferrellesq.  4 місяці тому

      Thank you for watching. Congratulations on your new app! The PPA does not itself protect your invention, but only provides proof of your invention date and the right to file a later patent application (within one year) claiming that priority date. However, once you file your PPA, you can mark your products PATENT PENDING, and this may help chill the market from later copiers. 'Hope this helps. Warmest wishes, -john

    • @paulie4450
      @paulie4450 4 місяці тому

      @@johnferrellesq. Greatly appreciate your feedback John!
      Have been relying on multiple videos from your channel as I draft my PPA.
      Thanks for doing what you do. Cheers!

  • @sophies674
    @sophies674 2 роки тому +1

    Very logically structured ❄️🌼❄️⛄🤗

    • @johnferrellesq.
      @johnferrellesq.  2 роки тому

      Thank you, Sophie! Are you an inventor? What space do you work in? -john

  • @miscuzer6053
    @miscuzer6053 Рік тому +1

    But John, how did companies like Tinder get patents approved simply on processes swiping on users?

    • @johnferrellesq.
      @johnferrellesq.  Рік тому

      @miscuzer6053, I am not specifically familiar with the Tinder patents but the quality of patents and what has been allowable has changed a lot in the past 20 years. There was a period during the early 2000's when the quality of patents in the software space, for example, were not the best. I talk about some of the past struggles and current strategies for getting software related patents in this video: ua-cam.com/video/4zs38vwq63A/v-deo.html
      Thank you for your comment. I am so grateful to have you on my channel. Please subscribe if you haven't done so already. Warmest wishes. 😊 -john

  • @MGAPC
    @MGAPC Рік тому +1

    I didn't know this. Thanks!

  • @blackheart6288
    @blackheart6288 Рік тому +1

    Hi John, I got one question, why do USPTO publish non-provisional patent application after 6 months of filing? Why don't they just publish on same day or next day of filing, why do they wait for 6 months?

    • @johnferrellesq.
      @johnferrellesq.  Рік тому +1

      @Blackhart, thank you for your question. In the 1980s the US began the process of harmonizing their intellectual property laws with those of the rest of the world. In 1989, the Berne convention was adopted which aligned copyright registrations with those of the US, and five or so years later the patent laws were also modernized to match those of other countries.
      The predominant international document for international patent harmonization is the Patent Cooperation Treaty which standardizes publication of patent applications for public inspection 18 months after filing. Historically, the time was needed to typeset the patents for printing, to allow for the formalizing of figures if needed, and for other administrative tasks associated with outsourcing the proofreading and printing of the official documents.
      The U.S. follows the same 18 month standard, although the clock starts with the filing of the Provisional Application and not the non provisional. If the non provisional is filed one year after the Provisional, the publication occurs six months after that.
      I agree that the 18 months seems unnecessary now, but the laws tend to change very slowly. 😊 -John

    • @blackheart6288
      @blackheart6288 Рік тому

      @@johnferrellesq. Thanks John for such a detailed answer

  • @FLPAINTER
    @FLPAINTER Рік тому

    Great video. I like your shirt. Where did you get it ?

    • @johnferrellesq.
      @johnferrellesq.  Рік тому

      @MrVladiir74, Too funny! My shirts come from the online startup Proper Cloth in NYC. They are not a client or sponsor but produce great products and are a terrific company to model for online commerce entrepreneurs. Thank you for watching my videos and for being a part of my community. Warmest wishes, -john

  • @casadecobb8713
    @casadecobb8713 Рік тому +1

    Logically described!

  • @daily1296
    @daily1296 Рік тому

    Very good video!

  • @cantthinkofnameyeah7249
    @cantthinkofnameyeah7249 Рік тому +1

    Does filing a non preliminary patent protect you from around the world or do other countries not respect US non preliminary patents?

    • @johnferrellesq.
      @johnferrellesq.  Рік тому

      A U.S. nonprovisional patent application does not provide protection in other countries around the world but it can be used as a priority filing for most of the rest of the world, with a few notable exceptions (Taiwan, Argentina, Venezuala, and a handful of Arab countries, to name a few). Check out this video for more information: ua-cam.com/video/PwEBff1hmvQ/v-deo.html
      Good luck with your invention! -john

  • @feloninc.3834
    @feloninc.3834 Рік тому +1

    Good stuff bro

  • @305Gardener
    @305Gardener Рік тому +1

    Great!