File 1st Patent & Trademark Service

Why File 1st Service?

Most industrial countries use a ‘first to file’ rule when granting priority to inventions and trademarks. The first party to file an application for a patent or trademark has first rights to the invention or trademark.  Most industrial countries have also adopted rules that require inventors to file patent application either before they publicly use or disclosed their inventions or offer their inventions for sale or within 1 yr.  If they do not file a provisional, utility or design patent application within 1 yr of the date of public use or offer for sale date,  the invention automatically and irrevocably falls into the public domain.  

Often, inventors will develop a first prototype of a product and then disclose, use or offer products similar to the prototype for sale to determine the utility or durability of the product or to generate interest in their product in others,  or to generate money to further develop, manufacture or market the product.  Later, the product is further developed or improved to become the final commercial product.  Usually, the core inventive concept used in the first prototype is usually found in the final commercial product. Unfortunately, the first prototype may become part of the prior art and cited against a utility patent application filed outside the 12 month statutory bar period.  As a result, the invention disclosed and claimed in the utility patent may not be patentable.  

Today,  if an inventor A discloses a prototype of a product on KICKSTARTER, and a viewer B watches the video and decides to make a derivative product similar to inventor A’s  product (includes the inventive concept of inventor A’s product) and then files a patent application to protect his derivative product, the USPTO regards viewer B as  the inventor.  If the USPTO is not informed of inventor A’s prototype, and if viewer B’s product as described in his patent application meets all the patentability requirements,  a U.S. patent will be granted to viewer B.   If the claims in viewer B’s patent application are broadly written that may cover inventor A’s product.   

To prevent the first prototype from falling into the public domain and becoming prior art  you MUST file your provisional or non-provisional patent application for the invention  within 12 months of the disclosure date or offer for sale date.   To prevent others from obtaining patents on derivative products or filing a patent application that can preclude the granting of your patent, we recommend you  file a provisional patent application BEFORE publically using or showing the prototype.

We offer File 1st services to our clients who need a provisional patent application or trademark application filed immediately.  

We also offer File 1st service for clients prefer to write their own patent applications and want us to review the application before filing with the USPTO.

We also offer File 1st service for clients who need help electronically filing an application with the USPTO. 

We offer File 1st service for clients who need assistance in responding to an Office Action or have a question regarding a procedural matter. 

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If you need assistance, please contact us at (425) 637-3035 or dac@nwpatents.com

Also, if you are interested in learning how to write you only provisional patent application, please ask for our ‘How to Write a Provisional Patent Application Guide”

 

NWPatents - Dean A. Craine, PS
9 Lake Bellevue Drive, Suite 208
Bellevue, WA 98005
Phone: 425.637.3035
Fax: 425.637.9312

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