 | Filing Tips & Money Savers | |  |
The importance of protecting innovation and gaining competitive advantage by obtaining Patent Rights has come into sharp focus in the last decade. It is estimated that the number of patent being filed by individual inventors and SMEs accounts for about 25% of all patent filings and with the advent of the US Provisional Application facility is likely to grow well beyond this level.
It is also important to note that when patent protection is sought in one or more overseas countries that there is an International Patent Convention that allows applicants to file for the equivalent Patent into almost any country in the world, provided that application is filed within 12 months of the First filed application. Any such application will be treated as though it had been filed directly with that country and will be given the same filing date as the first filed patent.
Given the increasing trend by inventors who see patents as a sound investment and as a mechanism for entering foreign markets here are a number of tips that might well be used as a basis of a Full patenting Strategy:
File a First Provisional Patent Application as soon as the invention has become clear and can be broadly translated to paper. That is, File first – debate later.
Follow that initial Provisional Application with one or more subsequent Provisional applications where the invention has been refined and its consequences and scope better understood. Have a follow up plan.
Combine the subject matter of all of the earlier filed Provisional Applications into a single application and file a New Zealand Completed application nine (9) months from the earliest filed Provisional. The New Zealand application will be Searched and Examined for technical content and a First Office Action (Examination report) produced within five (5) working days.
Using the results of the New Zealand Examination Report prepare a consolidated Final or Complete Application for filing into the US, as a convention Application or as a PCT application before the 12 month expiry date based on the First Provisional.
Use a low-cost multi-filing agent such as PCTFILER (http://www.pctfiler.com) or go to PIPERS Easy file link at the right hand side of this page.
This is just one strategy that may be used and has gained considerable favour with a lot of applicants. For more information on this subject, complete with case studies, please click on our “Virtual IP Library” Section and go to the articles link and see the articles entitled “Filing Tips” and “12 Filing Reasons”. At the very least these articles will show you ways to save money and will give you an understanding of one type of filing strategy.
In all instances it is advisable to seek the services of your Patent Agent.
For more information please contact us at patents@piperpat.com and we will be happy to discuss a Patent strategy to suit.
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