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Why not simply re-apply on a prov. patent over and over?

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The Inventor Education Forum :: Patents & Contracts :: Just Ask a Patent Attorney

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Why not simply re-apply on a prov. patent over and over? Empty Why not simply re-apply on a prov. patent over and over?

Post  Mattula Mon 12 Dec 2011 - 23:19

Simply make a few changes to the design and submit it before the original PP expires? Maybe under a new name? At that rate there would be no reason to pay the 5k+ for patenting. Is this a legit loop hole? Twisted Evil


Last edited by Mattula on Mon 12 Dec 2011 - 23:20; edited 1 time in total (Reason for editing : bad typing)

Mattula

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Why not simply re-apply on a prov. patent over and over? Empty Re: Why not simply re-apply on a prov. patent over and over?

Post  Mattula Mon 12 Dec 2011 - 23:44

.......Atleast to protect yourself long enough to find a buyer? If it doesn't sell than the costs were minimal. ?

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Post  blakesq Wed 21 Dec 2011 - 15:43

Some people do use that tactic. However, if you make a public disclosure or offer for sale, then you will be limited by the 1 year grace period. Also, you may be losing your international patent rights by following such a scheme.

Michael Blake
Patent Attorney
Milford, CT
203-876-5081

blakesq

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http://www.blake-ip.com

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Why not simply re-apply on a prov. patent over and over? Empty ? is it legal

Post  jhite Fri 20 Jan 2012 - 0:56

I approached a company to help get my PP invention to the market and they wanted $400 and they would reapply for my PP. and then see if they could find a buyer for the invention and take 10% on top, did not seem right to me and it would be like starting over after putting out $2000. for a PP, so i backed off from them but looking for a company to help me get it to the market with out costing arm and a leg

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