The publication of the patent application, is that after 18 months?
If a competitor gets to know about the upcoming publication, files an application on the same matter before the publication and "hellokitty123" drops his application, will the subject matter then belong to the public domain or to the owner of the second filing? Could it be safer with an earlier publication by "hellokitty123" not to loose options without continuation of his application?
Firstly - there should be no way for a competitor to know about an upcoming publication. That is the whole point of applying for a patent.
As to who is first - that can be complicated and I understand an area that is evolving. I think in America it is first to apply who gets priority - but other patent systems in other countries may work differently. YOU MUST use a qualified patent lawyer for propert advise if you are serious.
As to who is first - that can be complicated and I understand an area that is evolving. I think in America it is first to apply who gets priority - but other patent systems in other countries may work differently. YOU MUST use a qualified patent lawyer for propert advise if you are serious.
Thanks for the reply.
I believe the US used to be "first to conceive" while EU was "first to apply". But, as the "first to conceive" is difficult to administrate the tendency is becoming "first to apply".
My worry is not that information about the upcoming publication comes from the patent filing but rather that intermediate attempts of seeking economical support, preparing for a quick market introduction and eventual sales will give competitors a very good impression of what applications are filed.
If a first applicant in a "first to file" system abandon his (earlier) application and a later application has been filed by a second applicant before what can be seen as a public disclosure, the second filing should prevent the matter to be in the public domain. Exactly how the rights are shared with the first applicant in such a situation I do not know but even for the first applicant the situation may get tricky.
This was why I proposed an early publication by the first applicant in order to get a clear situation of rights.
I agree with you, a professional (skilled) patent attorney should be used - if the money to pay him/her is available.
I believe the US used to be "first to conceive" while EU was "first to apply". But, as the "first to conceive" is difficult to administrate the tendency is becoming "first to apply".
My worry is not that information about the upcoming publication comes from the patent filing but rather that intermediate attempts of seeking economical support, preparing for a quick market introduction and eventual sales will give competitors a very good impression of what applications are filed.
If a first applicant in a "first to file" system abandon his (earlier) application and a later application has been filed by a second applicant before what can be seen as a public disclosure, the second filing should prevent the matter to be in the public domain. Exactly how the rights are shared with the first applicant in such a situation I do not know but even for the first applicant the situation may get tricky.
This was why I proposed an early publication by the first applicant in order to get a clear situation of rights.
I agree with you, a professional (skilled) patent attorney should be used - if the money to pay him/her is available.
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