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    Re: Patent ownership question

    Posted by Victor Gregurick on 4/12/08


    Interesting question, as long as they have filed
    the "provisional patent application" with the USPTO you are
    protected since this is public record with the USPTO. If
    only private communication and not filed with the USPTO or
    published in a commericial source, then you are at risk to
    losing inventorship. The drawback is once you have disclosed
    your invention either via a provisional patent application
    or public disclosure, or by publication you have exactly 1
    year to file a patent --- or your invention in most cases is
    free to the public to use and develop into a commericial
    product with no recoarse legally, the provisional patent
    application will generally protect others from filing a
    similiar patent application or defeat pending claims.

    Europe and most countries have a first to file rule, so in
    order to obtain foreign coverage it's best to file a full
    patent application before commerializing or publishing the
    patent application or idea.

    However, the purpose for a PPA (provisional patent
    application) is to secure an invention date without buidling
    and testing a prroduct (PPA does count as reduction to
    practice). Hence, if I were you I'd have a concern with
    your "marketing firm", any firm that avoids filing a full
    patent application, before marketing an invention should be
    viewed very suspcious. You have zero protection currently,
    for markeing your invention --- unless claims issue on a
    registered patent you have no legal recoarse --- the only
    thing you have is a useless PPA, which only may prevent
    someone from patenting an "exact copy" of the rough idea,
    but you have no protection.

    A lot of so called "invention" or "marketing" companies will
    file bogus PPA or patent applications with very restrictive
    claims and take inventors for a "legal ride" running up the
    bill. It is better in my business experience to find a
    reputable attorney or law firm if you feel your invention
    has merit.

    Best Regards,

    Posts on this thread, including this one
  • Patent ownership question, 4/07/07, by Ken.
  • Re: Patent ownership question, 4/12/08, by Victor Gregurick.

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