Speak With an Attorney: call 650 - 812 - 3408 or email info@carrferrell.com Send an email to johnferrellesq.news@carrferrell.com to subscribe to our newsletter!
You mentioned in this video that a patent can be copied after its 20 year expiration, but what would be the point of doing that since I assume the ideas that were protected in the expired patent have now become part of the public domain, or, at the very least, considered a prior public disclosure and not subject to patent protection. Would it ever make practical sense to copy an expired patent?
@David M. My intro was very unclear and I tried to fix this with a label across the screen. You are the first person to have noticed this confusion, including my editing team and the attorneys who helped me proof the first video edit. By "copy" the patent, what I meant to say and emphasized later in the video, is that (as you point out) once the 20 years has passed, the invention is in the public domain and you can freely copy a product or use the invention in any way without infringing the expired patent. Expired patents are a great resource for new product ideas. Thank you for raising this so I could further clarify. -john
I’m so glad I found your excellent channel. You are so helpful! I just viewed the Feb 17 video about needing to file a second provisional patent and have 3 questions. My first PP was filed this March (2022). I am just now ready to try to license it & will most likely need a second filing. Q: 1. Do I copy the very same information as the first PP, & then just add new info about a useful variation? (Probably just 2 new paragraphs) 2. Should I wait until the first PP expires, or is it best to do before expiration? 3. I would like to begin sending press releases to magazines & selling the product online, before the new year. Is the second provisional filing still okay, as long as it’s within 12 months of the product being made public? Thank you for your consideration and kindness!
Hi EllaKate, thank you for your comments. I'll answer each question in order: Q1. Do I copy the very same information as the first PP, & then just add new info about a useful variation? (Probably just 2 new paragraphs). A1. Yes, if you refile your Provisional you can add whatever additional material you would like. Note, however, that you will lose the filing date of the original application and that any prior public disclosure of your invention starts the one-year clock after which you can no longer file a new application.
Q2: 2. Should I wait until the first PP expires, or is it best to do before expiration? A1. Since the first to file a patent application on their invention gets the patent if there are competing inventors, then the earlier you file the better.
Q3. I would like to begin sending press releases to magazines & selling the product online, before the new year. Is the second provisional filing still okay, as long as it’s within 12 months of the product being made public? A. Yes. Good luck with your invention!! Warm wishes. -john
EllaKate, it was 100% my pleasure. One last thing: I am trying to understand my community a bit better so that I can improve my videos. Would you mind telling me what your day job is when you are not inventing? 😊 Warmest wishes, -john
:Knowledgeable content.: In the USPTO, an abandoned patent application can be revived by filing a petition for revival of the abandoned application. Revival of the abandoned application is easier if a petition is filed as soon as possible after the abandonment is declared. However, the petitioner has to prove that the abandonment was not a result of any intentional acts of the petitioner
@bethorellana5213, thank you for your message. As discussed in the video, if an application is abandoned, it is effectively dedicated to the public and free to use and for the invention to be copied. In some cases, the applicant can revive an unintentionally abandoned application subject to the intervening rights of anyone who adopts or uses the abandoned application prior to revival. Hope this helps. 😊 -john
Over the last 2 years of trying to get a patent and 5400$ I received an Office Action. The examiner found prior art that the attorney did not and it’s pretty much my exact idea. I got a 103 and 112 rejection. I’m pissed because I wouldn’t have continued knowing this already existed! What should I do? I feel like I’ve been scammed! Please help!
Hi john73T. A §103 rejection means that the examiner could not find identical prior art but has to rely on something close to your invention and assert that yours is obvious. Both §103 (obviousness) and §112 (usually for unclear patent claims) rejections are generally easy to overcome. I predict that you will end up with an issued patent. Thank you for watching! Warmest wishes. -john
@@John73T The §103 rejection means the Examiner found a reference that was close to yours, but not exact. Your patent application still has a good chance of being allowed. Your patent attorney will prepare an argument as to why the prior art doesn't make your new invention obvious. This is a very common rejection. Good luck with this!! -John
Speak With an Attorney: call 650 - 812 - 3408 or email info@carrferrell.com
Send an email to johnferrellesq.news@carrferrell.com to subscribe to our newsletter!
You mentioned in this video that a patent can be copied after its 20 year expiration, but what would be the point of doing that since I assume the ideas that were protected in the expired patent have now become part of the public domain, or, at the very least, considered a prior public disclosure and not subject to patent protection. Would it ever make practical sense to copy an expired patent?
@David M. My intro was very unclear and I tried to fix this with a label across the screen. You are the first person to have noticed this confusion, including my editing team and the attorneys who helped me proof the first video edit. By "copy" the patent, what I meant to say and emphasized later in the video, is that (as you point out) once the 20 years has passed, the invention is in the public domain and you can freely copy a product or use the invention in any way without infringing the expired patent. Expired patents are a great resource for new product ideas.
Thank you for raising this so I could further clarify. -john
I’m so glad I found your excellent channel. You are so helpful!
I just viewed the Feb 17 video about needing to file a second provisional patent and have 3 questions.
My first PP was filed this March (2022). I am just now ready to try to license it & will most likely need a second filing.
Q:
1. Do I copy the very same information as the first PP, & then just add new info about a useful variation? (Probably just 2 new paragraphs)
2. Should I wait until the first PP expires, or is it best to do before expiration?
3. I would like to begin sending press releases to magazines & selling the product online, before the new year.
Is the second provisional filing still okay, as long as it’s within 12 months of the product being made public?
Thank you for your consideration and kindness!
Hi EllaKate, thank you for your comments. I'll answer each question in order:
Q1. Do I copy the very same information as the first PP, & then just add new info about a useful variation? (Probably just 2 new paragraphs).
A1. Yes, if you refile your Provisional you can add whatever additional material you would like. Note, however, that you will lose the filing date of the original application and that any prior public disclosure of your invention starts the one-year clock after which you can no longer file a new application.
Q2: 2. Should I wait until the first PP expires, or is it best to do before expiration?
A1. Since the first to file a patent application on their invention gets the patent if there are competing inventors, then the earlier you file the better.
Q3. I would like to begin sending press releases to magazines & selling the product online, before the new year.
Is the second provisional filing still okay, as long as it’s within 12 months of the product being made public?
A. Yes.
Good luck with your invention!! Warm wishes. -john
Thank you very much for your time and generosity of heart!
Your videos are also much easier to understand and follow than others.
EllaKate, it was 100% my pleasure. One last thing: I am trying to understand my community a bit better so that I can improve my videos. Would you mind telling me what your day job is when you are not inventing? 😊 Warmest wishes, -john
:Knowledgeable content.: In the USPTO, an abandoned patent application can be revived by filing a petition for revival of the abandoned application. Revival of the abandoned application is easier if a petition is filed as soon as possible after the abandonment is declared. However, the petitioner has to prove that the abandonment was not a result of any intentional acts of the petitioner
@krismc5149, thank you for watching and for leaving a comment. Warmest regards, -john
How i can do this? It should be by a lawyer
After a US patent application is abandoned, can somebody else use or steal it, or can an applicant retrieve it and continue at a later date?
@bethorellana5213, thank you for your message. As discussed in the video, if an application is abandoned, it is effectively dedicated to the public and free to use and for the invention to be copied. In some cases, the applicant can revive an unintentionally abandoned application subject to the intervening rights of anyone who adopts or uses the abandoned application prior to revival. Hope this helps. 😊 -john
Over the last 2 years of trying to get a patent and 5400$ I received an Office Action. The examiner found prior art that the attorney did not and it’s pretty much my exact idea. I got a 103 and 112 rejection. I’m pissed because I wouldn’t have continued knowing this already existed! What should I do? I feel like I’ve been scammed! Please help!
Hi john73T. A §103 rejection means that the examiner could not find identical prior art but has to rely on something close to your invention and assert that yours is obvious. Both §103 (obviousness) and §112 (usually for unclear patent claims) rejections are generally easy to overcome. I predict that you will end up with an issued patent. Thank you for watching! Warmest wishes. -john
@@johnferrellesq. thank you for the reply! So even if there a published application that is similar to mine that has been abandoned?
@@John73T The §103 rejection means the Examiner found a reference that was close to yours, but not exact. Your patent application still has a good chance of being allowed. Your patent attorney will prepare an argument as to why the prior art doesn't make your new invention obvious. This is a very common rejection. Good luck with this!! -John