Question
We are considering a patent application to protect our prototype invention in the field of personal health monitoring. However, the procedure of actually getting a patent does not only seem quite costly, but also very lengthy. What is the average time that it takes from application to patent?
In any case, we would like to know how to protect our invention during the time before the patent is granted. What is the best strategy and what other IP rights can help us?
We are located in Sunnyvale, CA.
Answers: 3 public & 0 private
Not much to add to Steven's and Jing's excellent points, but one thing. It is key to understand that during the filing/examination stage (i.e. before a patent having examined claims actually issues), you really can't stop anyone else from competing/copying. But that should not stop you from considering patenting, for once it issues, you can stop others from selling/importing/USING your invention in the US (that latter one, if your invention has corporate users, is nice :-).
Please consider at least a provisional filing, for otherwise any disclosure severely curtails your rights to go back and get any sort of IP. Best of luck,
Luis
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