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.
