PM, i’ll try to quickly add my $0.02. I concur with a lot of dmb’s analysis and thoughts. Not that this is my area expertise but fortunately I have an ace in the hole who works in the same industry as dmb. I will add and I’ve stated this before the raw material for L is human tissue inducing the ultimate variability to start the manufacturing process which gives the industry reason pause. Also adding that Flip’s dd came up with an international Patent publication on appearance Northwest had/has been working on concurrently with the Flaskworks acquisition (probably incurring some Covid slack). With an impressive list of academic institutions I might add.
Need to provide a little context with what ultimately will be a question. I have over 20 patents but I am not a big fan of patents in general. You can take the number of patents I have and multiply that by two or three times the number of workarounds we Engineered to get around competitive patents. A larger competitor who is better resourced and was skilled in the art of “submarine” patents back in the day where you could add a clause to a patent already in the filing in process and the process would basically start over. It was something akin to Robert De Niro‘s character in the movie Casino changing job titles making his gambling license application will go back to the bottom of the pile. You could extend the prosecution of a patent for years. We had to be more nimble.
Present day the life of a patent starts at filing and you have a year to file once the product goes to market. Typically what I’ve seen parents will be filed within a few months of product on the market if not before. But, sometimes companies will string it out to the 11th month in order to extend the patent life.
We have many good posters with Patent and expertise (Roman, muee, Hmuny to name a few with possible SP errors) and since all of my parents were filled U.S. first with a fraction subsequently filed internationally here’s are the questions: Does the clock on the US application not start until the date of filing even though said application was filed first internationally? And is there a time constraint once filed internationally for same patent to be filed with U.S. patent office?
Asking for a friend if this is a way to game the system by filing internationally and getting some protection before starting the clock domestically. And not necessarily expecting the answer to come from PM.…
Recovering former moderator.
