How is our technology protected before a patent is granted?

質問

Hello! During the time after filing the patent application, but before the grant of the patent, how do we best protect our technology?

回答: 1 公開 & 0 非公開

Steven weinrieb
弁理士

It depends upon what you mean by "protect" - before a patent actually issues, you do not actually have protection from the perspective of suing someone for patent infringement. However, once you have a patent application on file, and it has published, you have effectively put the world on notice that you will potentially receive a patent at which time you will then be in a position to sue for patent infringement if in fact someone infringes your claimed invention. In addition, as a result of filing your patent application, you are effectively "protected" from someone else getting a patent for the same invention who files a patent application subsequent to your patent application filing because as of March, 2013, the USPTO went to a "first-to-file" system whereby the first party to file a patent application for a particular invention is automatically the senior party with respect to that invention which means that your patent application, for its disclosure, will effectively serve as prior art against a subsequently filed application for the same invention whereby the second/subsequent party will be prevented from obtaining their patent in light of your disclosure.

最近の質問

Do people really steal invention ideas?

I sometimes see questions on forums like Quora about how to stop people stealing your invention i...

4 5386 2
Is interpretation of known historical facts protectable under copyright law?

I am looking for useful sources on protecting copyright. I am in the process of writing a book ba...

3 6115 2
Fair Use and news feeds

What is the current wisdom on compiling news feeds on a third party website so far as copyright i...

1 3962 0
Looking for good patent firm

How to find a good patent firm to help me apply patent in USA

3 4320 2
What constitutes 'prior disclosure'?

This might be a silly question but I’m a bit confused by ‘prior disclosure’ as it applies to pate...

2 4823 1

発明や知的財産について質問はありますか?
既存の質問を検索するか、専門家ディレクトリで専門家に直接お問い合わせ下さい。
(このページでは、新規の公開質問は受け付けておりません。)