InvestorsHub Logo

biosectinvestor

01/13/23 1:30 PM

#559179 RE: exwannabe #559171

I don’t think what you just said made a lot of sense. It is the first filing date and the international or US patent, it’s basically the same date. The international patent is the US and everywhere else simultaneously.

Public disclosure, sale or offer to sell trigger a 12-month window to patent though, and so in that context you want to be very careful.

If you publish and have not filed, you run the risk of not being able to patent if you do not file quickly. Delaying filing is foolish in the sciences. But it is correct that you have in theory up to 1 year to file from invention. But if others know, you may blow the patent by not filing asap.

Technology is evolving rapidly, and often researchers are working on exactly the same things, even if it is cutting edge.

Now if you have some piece of machinery and believe no one else has something like it, maybe you delay though that 1 year period, if no one knows about and no one can possibly replicate your invention. But you run the risk of being part of the art and unpatentable.

If the patent office delays, particularly on drugs, the patent office can add on up to 5 years to the back end of a patent. That is probably the better way to go.

Know-Fear

01/13/23 2:00 PM

#559189 RE: exwannabe #559171

Ex, thanks. Yeah I knew the international filing would make domestic filing obvious and sensed your explanation would be the scenario (knowing the USPTO had done a lot of work to tighten things up with international offices). But, since we’ve always filed domestically first was not familiar in practice with the aspects of filing foreign first….and had to ask.