Get In Line Now to File Provisional Applications

As we warned in our last posting, it is now time to seriously consider shifting strategies and begin filing provisional applications shortly after realizing that an idea might have commercial potential.

On March 16, 2013 the new first-to-file patent system begins in the U.S.  That means whoever files an application first (be it a provisional or non-provisional application) will be entitled to the patent even if they invented it after you.  There are exceptions of course.  For instance, if they stole the idea from you ("derived" it from you), theoretically, you can prevent them from obtaining the patent.  But, proving that will likely require lengthy and expensive legal proceedings.  Instead of suffering that fate, file a provisional application and follow it up with a regular non-provisional application with reasonable promptness (a few months should suffice for most situations).  

We also have noted that Patent Attorneys and the Patent Office web servers will likely be quite busy in March.  This might result in heavy traffic on these servers resulting in an inability (or delays) for your Attorney to file your application then.  Accordingly, we suggest that now is the time to act.  True, you'll be committing to filing an application a bit earlier than the new law requires.  But you will also be managing the risk of not being the first to file in a more prudent fashion.  

If you would like more information about provisional applications, the new first-to-file system, or us, we at the Villhard Patent Group would be happy to speak with you.  You can reach us at contact@villhardpatens.com or (512) 897-0399.  Our website is at www.villhardpatents.com.

Reminder: Patent Reform: First To File Effective March 16, 2013

As many of you know, the U.S. patent system becomes a first-to-file system effective March 16, 2013.  Briefly, from that time forward it will generally be advisable to file a provisional patent application as soon as you recognize that an idea might have commercial potential.  Then, within a few months it will also usually be a good idea to follow up that filing with a regular, non-provisional patent application.  

Indeed, now that the effective date of that provision of the America Invents Act approaches, we at the Villhard Patent Group now generally recommend beginning to use that strategy even now.  For one thing, we believe that a rush to file provisional applications might occur in the weeks leading up to March 16.  That means that Patent Attorneys and their firms are probably going to be quite busy in February and March.  In addition, the Patent Office's website and electronic filing system might, just might, be overwhelmed with traffic.  The resulting possible denial-of-service-like event might frustrate your plans for timely filing a provisional application.

Also, with the new strategy of following the provisional with a non-provisional application in a timely manner, Patent Attorneys are likely to find themselves busy following the March change.

If you would like to discuss your particular situation to see if the new strategy fits your circumstances, we at the Villhard Patent Group would be happy to speak with you.  You can contact us at (512) 897-0399 or you can visit us at www.villhardpatents.com for more information.

Austin RISE Week Intellectual Property Series Hosted By the Business Success Center

The Villhard Patent Group cordially invites followers of this blog (and their colleagues) to a series of intellectual property seminars to be held during Austin RISE Week 2012.  The Business Success Center will host these sessions which include:

March 19     Intellectual Property 101 For Entrepreneurs (10:00)

Austin RISE Week, The Business Success Center, 7600 Burnet Road, Suite 130 (West Side of the Building), Austin, TX  78757

March 20    Protecting Intellectual Property on a Bootstrap Budget (4:00)

Austin RISE Week, The Business Success Center, 7600 Burnet Road, Suite 130 (West Side of the Building), Austin, TX  78757

March 21    Blocking and Tackling For Entrepreneurs: How Intellectual Property Helps You Block Your Competitors & Tackle Financing (10:00)

Austin RISE Week, The Business Success Center, 7600 Burnet Road, Suite 130 (West Side of the Building), Austin, TX  78757

An overall schedule for Austin RISE Week is available at https://www.riseglobal.org/sessions/day/2012/03/26.

More information on the Business Success Center is available at http://www.bscusa.com/. 

More information on the Villhard Patent Group is available at www.villhardpatents.com.  For more information on this series of IP seminars contact us at contact@villhardpatents.com or call (512) 897-0399.  

Note that both Austin RISE Week and the Business Success Center are organizations which are independent of the Villhard Patent Group.