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Re: None

Monday, 08/07/2017 12:51:15 AM

Monday, August 07, 2017 12:51:15 AM

Post# of 6596
1 more to clarify... So there's this company that has filed an application for a patent. They have developed an App (phone based)that they intend to use under the patent application they previously filed. They are now launching said App on an invitation only basis because the patent(application)they filed for has no correlation to the physical App they developed and intend to launch to the public.

So the understanding here is that the company has requested a patent based on the idea of the physical App before the App was actually developed. The patent would be filed for before development of the App and the patent would be approved after it (App) has been completed and submitted for review by the patent office.

Because it can take time to develop an invention, most mobile app developers choose to file a provisional patent application first, which is the standard utility patent application, to secure a filing date. It's generally less expensive than a non-provisional utility patent application. A provisional application requires a detailed description of the invention, and may be accompanied by drawings, flow charts, and details illustrating how the app works.

This is why you see two different file dates, 2011 & 2012. The original 2011 filing was provisional and required the detailed explanation that you can see on the Patent and Trademark Office website(Application #61506797). The 2012 application was non-provisional (Application #14/232383) which costs a considerable amount more to file, so it shows they're serious. They had exactly 1 year to file non-provisional so that's why the dates are July 12 2011 & 2012. This all lines up and checks out.

A Non-Provisional Patent Application establishes an invention's filing date (unless it claims the benefit of an earlier filed application, such as a Provisional Application). Filing a Non-Provisional Application starts the official examination process with the USPTO to determine if the invention is patentable.

So 2012 can be argued as the date that the USPTO started their determination. Generally patents take 32 to 40 months (depending) to approve if they are going to be approved. That would put the APPROVED date in or around July of 2015. But... they filed a 371 application in July 2014 because of the CEO's Canadian citizenship. Technically, this could be argued as the KEY DATE to look at which could set the PATENT APPROVAL really anytime.

This is why I believe a previous user posted, mentioning an update from the PTO...

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