Saturday, October 31, 2009

Provisional patent...is it right to publicize?

In here the patent office says i will get provisional patent in around 1 month.
Now suppose i got the provisional patent in my country (a PCT member). Then some how this invention of mine gets publicized around the world (suppose)
Can some other country (another PCT member) apply patent for this same technology locally?
If not pls answer this too-
Suppose this country (PCT member) starts using this technology cause i have not applied a patent there...then i suddenly apply for patent on all the PCT members (after this technology has been patented in my country). Will it now be illegal for this country to use this technology?...and will it stop using this technology?
Over all is it safe to publicize my provisional patent grant (in my country) to the world?
Answers:
Provisional patents are exactly that, provisional, temporary means to provide patent for your ivention for the meantime. You then have a year to apply for a regular patent.
It's only the first step of a long process but a very important one. I wouldn't make your invention public until you have the regular patent. I certainly wouldn't communicate with a stranger online, providing all details, non-disclusure legal agreement or not. Shame on the other poster for even atempting to do so, have some respect for young inventors.
What you want is an IPC, International Patent Classification. This will allow you to both make it public and assure no one else in the world can claim your invention.
Hang in there, you've made the first step, you're on your way.
I have several things to say. First, the advice to build a working model is the most important. Although it is no longer "required" by the US patent office, it certainly resolves conflicts with the examiners. Proving it purely mathematically may be daunting, to say the least. In your case you are not only claiming new technology but unheard-of technology which, I and every examiner are likely going to cite as imposable, unless presented with irrefutable proof or very sophisticated mathematical proof.
If you want to arrange a legal non-disclosure agreement between you and me, then I'll do it and you can present the entire concept to my humble mind. I am quite certain that I could understand your premises and if my personal knowledge was taxed, I work among two of the best known scientific groups in America. We would find an answer. That answer could be crushing to you. But you do have the type of mind that can work well in physics, even Astronomical physics, if you apply yourself and learn what to challenge and what to accept as truth.
Two hours later Wow I'm getting hate mail. Just because I said you need to prove it. And one who implied that I want to steal it. I am removing you from my contacts. Sorry, contact the paranoid ***** for help.

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