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Brian R. Rayve
Brian R. Rayve

Independent Inventor’s Blog

A forum for inventors and entrepreneurs to learn how to protect and make money from their new product ideas.

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Are there time limits in which to file a patent application at the U.S. Patent Office?

The inventor(s) MUST file a United States Patent Application within 1 year (if patent protection is desired in the United States) of the earlier of:
a) making an offer to sell the invention (even if the offer is not accepted and sometimes even when the invention is not yet manufactured or otherwise available);
b) use of the [...]

The inventor(s) MUST file a United States Patent Application within 1 year (if patent protection is desired in the United States) of the earlier of:

a) making an offer to sell the invention (even if the offer is not accepted and sometimes even when the invention is not yet manufactured or otherwise available);
b) use of the invention in public (e.g. using the invention at work or in public on the street corner); or
c) or putting the invention in a printed publication which is circulated (e.g. a sales brochure, catalog, or a web site).

These are called “statutory bars” and if the year period expires without filing the United States Patent Application, the inventor(s) are not permitted to file a patent application in the United States.

Foreign priority (discussed above) or the priority of a provisional patent application (discussed below) can be used to predate the expiration of the 1 year period if applicable.

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Frantic Inventors Wanted!

Are you a typical newbie inventor… frantic to get started making money from your new product idea but not having a clue what to do?
Don’t worry, most people feel the same as you when they start out. The first thing to do is to file a patent application to lock in your legal rights to [...]

Are you a typical newbie inventor… frantic to get started making money from your new product idea but not having a clue what to do?

Don’t worry, most people feel the same as you when they start out. The first thing to do is to file a patent application to lock in your legal rights to your invention. You can file a provisional patent application to lock in “patent pending” for one year. It cannot issue as a patent, but a utility patent application can be based on it if filed during the one year patent pending period can and retain its filing date.

A utility patent application can issue as a patent after going through an examination process at the U.S. Patent Office. To be patentable, your “idea” must new and non-obvious. Usually, before filing a utility patent application, a patent search is conducted to see whether the inventor should invest the money to file one. A provisional patent application is much less expensive and thus a patent search is optional, though advised if other investment is going to be done to bring a product to market.

Once you have locked in patent pending filing one or the other type of patent application, you can tackle marketability and licensing issues, which I will discuss at a later date.

You can sign up for a provisional or utility patent application at:

http://www.inventionpatenting.com/file_provisional.html

You can see more information about provisional patent applications at:

http://www.inventionpatenting.com/provisional_patents.html

Best regards

Brian Rayve

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Privacy Policy
Information submitted through this website will be kept in strict confidence by InventionPatenting.com and will not be supplied or sold to any third party.

Privacy Policy

Information submitted through this website will be kept in strict confidence by InventionPatenting.com and will not be supplied or sold to any third party.

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Click the button below to order your Custom Marketability Report for the low price of $349.95.

My Risk-Free, No Questions Asked,100% Satisfaction Guarantee!
If you want to order a Custom Marketability Report, I insist you do so entirely at my risk.
That is why I offer a No risk, 100% Money-Back Guarantee.
I am so confident that you will [...]

Click the button below to order your Custom Marketability Report for the low price of $349.95.

100% Money Back Guarantee

My Risk-Free, No Questions Asked,
100% Satisfaction Guarantee!

If you want to order a Custom Marketability Report, I insist you do so entirely at my risk.

That is why I offer a No risk, 100% Money-Back Guarantee.

I am so confident that you will love your Custom Marketability Report that I’m prepared to back it all up with a completely risk-free money-back guarantee.

Therefore, I want you to order your Custom Marketability Report today… read it, use it… if you are not 100% satisfied for any reason, simply return it for an immediate refund of your purchase price. You simply can’t lose!

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Click the button below to order your Trademark Search with written opinion and copies of the relevant trademarks for the low price of $349.95.

My Risk-Free, No Questions Asked,100% Satisfaction Guarantee!
If you want to order a Trademark Search, I insist you do so entirely at my risk.
That is why I offer a No risk, 100% Money-Back [...]

Click the button below to order your Trademark Search with written opinion and copies of the relevant trademarks for the low price of $349.95.

100% Money Back Guarantee

My Risk-Free, No Questions Asked,
100% Satisfaction Guarantee!

If you want to order a Trademark Search, I insist you do so entirely at my risk.

That is why I offer a No risk, 100% Money-Back Guarantee.

I am so confident that you will love your Trademark Search that I’m prepared to back it all up with a completely risk-free money-back guarantee.

Therefore, I want you to order your Trademark Search today… read it, use it… if you are not 100% satisfied for any reason, simply return it for an immediate refund of your purchase price. You simply can’t lose!

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Click the button below to order your Patent Search with written patentability opinion and copies of the relevant patents for the low price of $349.95.

My Risk-Free, No Questions Asked,100% Satisfaction Guarantee!
If you want to order a Patent Search, I insist you do so entirely at my risk.
That is why I offer a No risk, 100% [...]

Click the button below to order your Patent Search with written patentability opinion and copies of the relevant patents for the low price of $349.95.

100% Money Back Guarantee

My Risk-Free, No Questions Asked,
100% Satisfaction Guarantee!

If you want to order a Patent Search, I insist you do so entirely at my risk.

That is why I offer a No risk, 100% Money-Back Guarantee.

I am so confident that you will love your Patent Search that I’m prepared to back it all up with a completely risk-free money-back guarantee.

Therefore, I want you to order your Patent Search today… read it, use it… if you are not 100% satisfied for any reason, simply return it for an immediate refund of your purchase price. You simply can’t lose!

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Your FREE Independent Inventor’s Kit!
Here is your free kit. The Smart Marketing Manual, the Patents and Trademarks Manual, and the Invention Disclosure and Recording Document are now part of an ebook that you can download for FREE and pass on to your inventor friends.
The Invention Disclosure and Recording Document, Discount Patent/Trademark Searches Coupon, and the [...]

Your FREE Independent Inventor’s Kit!

Here is your free kit. The Smart Marketing Manual, the Patents and Trademarks Manual, and the Invention Disclosure and Recording Document are now part of an ebook that you can download for FREE and pass on to your inventor friends.

The Invention Disclosure and Recording Document, Discount Patent/Trademark Searches Coupon, and the Discount Custom Marketability Reports Coupon are downloadable below in Adobe Acrobat format (.pdf). If you do not have Adobe Acrobat Reader, it is free and can be downloaded here.

Smart Mktg. Manual1. Smart Marketing Manual
a. How to avoid committing the five deadly sins that always cost new inventors BIG money!
b. How to know if you have the next huge money-making idea!
c. Three must know tips to sell your idea to the “Wal-Marts” of the world!
d. And more…
Patents and T/M's Manual2. Patents and Trademarks Manual
a. How to keep “scammers” from “ripping off” your idea!
b. The three HUGE mistakes you could easily make to lose legal protection for your idea!
c. How to protect your idea NOW.
d. And more…
Inv'n Disc. and Rec. Doc.3. Disclosure and Recording Document
a. Document your idea NOW so you can prove you’re the inventor!
b. Don’t let another inventor claim your invention!
c. Helps you clearly describe your invention!
d. And more…
Simply click below to download your copy of the ebook. Install the free reader and enter the ebook registration information.

FREE Inventor's Kit - Ebook

Coupon For Search4. Discount Patent/Trademark Searches Coupon
a. Coupon for $20.00 off our already low price.
b. Why pay BIG bucks for your patent or trademark search elsewhere?
download

Coupon For Market Report5. Discount Custom Marketability Reports Coupon
a. Coupon for $20.00 off our already low price… why pay BIG bucks for a marketability review for your invention elsewhere?
b. Professional assessment of your potential for making money from your idea!
download

Inventor News And Tips Newsletter6. “Inventor News And Tips” Newsletter
a. Subscription includes insider’s tips on how to make real money from your invention, developing a marketable product based on your idea, raising seed money, and licensing, or selling your invention for profit!
b. Special offers at discount prices!
c. And more…
sent by
e-mail only

7. Inventor Information and Discounts
a. Periodic information of interest to inventors.
b. Discounts on our and others products.
sent by
e-mail only

8. Free No Obligation Initial Patent Consultation
a. Discuss how to best protect and market your invention.
b. Simply fill out the brief consultation form.
discussed by
telephone

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Trademark Search

Order Your Trademark Search
Combined U.S. Federal, State, and common law trademark search with written opinion and copies of the relevant trademarks for the low price of $449.95.
(view our privacy policy)

1. Submitter Information

*Full Name

   Company

*Street Address

*City

*State

*Zip Code

*Phone Number

   Email Address

2. Trademark Information

*Enter the word or phrase you would like us to search as your trademark or service mark.

3. [...]

Order Your Trademark Search

Combined U.S. Federal, State, and common law trademark search with written opinion and copies of the relevant trademarks for the low price of $449.95.
(view our privacy policy)

1. Submitter Information
*Full Name
   Company
*Street Address
*City
*State
*Zip Code
*Phone Number
   Email Address
2. Trademark Information
*Enter the word or phrase you would like us to search as your trademark or service mark.
3. Trademark Classifications

Prior to entering your search request it is important that you understand that trade marks are classified into groups (called classes) of similar products or services. The very important first step in conducting any trademark search is to determine in which class or classes your trademark or service mark belongs.

While we initially search all classes, it is important that you check all of the boxes below which describe the general classifications with which your trademark or service mark is presently associated with or with which you are planning for your trademark or service mark to be associated.

*Check the classes of “goods” or “services” with which you use your trademark or service mark (see description of classes).

The following are the classifications of "Goods":

 1. Chemicals
 2. Paints
 3. Cosmetics and Cleaning Preparations
 4. Lubricants and Fuels
 5. Pharmaceuticals
 6. Metal Goods
 7. Machinery
 8. Hand Tools
 9. Electrical and Scientific Apparatus
 10. Medical Apparatus
 11. Environmental Control Apparatus
 12. Vehicles
 13. Firearms
 14. Jewelry
 15. Musical Instruments
 16. Paper Goods and Printed Matter
 17. Rubber Goods
 18. Leather Goods
 19. Non-Metallic Building Materials
 20. Furniture and Articles Not Otherwise Classified
 21. Housewares and Glass
 22. Cordage and Fibers
 23. Yarns and Threads
 24. Fabrics
 25. Clothing
 26. Fancy Goods
 27. Floor Coverings
 28. Toys and Sporting Goods
 29. Meats and Processed Foods
 30. Staple Foods
 31. Natural Agricultural Products
 32. Light Beverages
 33. Wine and Spirits
 34. Smoker’s Articles

The following are the classifications of "Services":

 35. Advertising and Business
 36. Insurance and Financial
 37. Building Construction and Repair
 38. Telecommunications
 39. Transportation and Storage
 40. Treatment of Materials
 41. Education and Entertainment
 42. Computer, Scientific, and Legal
 43. Hotels and Restaurants
 44. Medical, Beauty, and Agricultural
 45. Personal Services

4. Business Description
*Describe your business and products or services with which you use or intent to use the trademark or service mark.

  By checking this box I agree that submitting this form does not create an attorney client relationship, and that submission of this form does not create an attorney-client communication unless we accept you as our client in a written document.


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Marketing Analysis

Marketability Report For Your Invention
For a limited time at the low price of $349.95.

 

Written marketability summary tailored to your invention, including:

Product History
Product Construction
Distribution Chain (wholesalers and retailers)
Industry Statistics
Suggested Manufacturing Processes
Market Potential
Potential Profits
Suggested next actions to protect and commercialize your particular invention.
Market outlook specific to your invention.
Design and prototyping services in your local geographic area.
Manufacturers of [...]

Marketability Report For Your Invention
For a limited time at the low price of $349.95.

 
Written marketability summary tailored to your invention, including:
  1. Product History
  2. Product Construction
  3. Distribution Chain (wholesalers and retailers)
  4. Industry Statistics
  5. Suggested Manufacturing Processes
  6. Market Potential
  7. Potential Profits
  8. Suggested next actions to protect and commercialize your particular invention.
  9. Market outlook specific to your invention.
  10. Design and prototyping services in your local geographic area.
  11. Manufacturers of products that might utilize your invention.
Custom Marketability Report

Order Your Marketability Report

1. Submitter Information
*Full Name
  Company
*Street Address
*City
*State
*Zip Code
*Phone Number
   Email Address
2. Invention Information
*Describe your invention (in detail).
*Describe the anticipated consumers for your
   invention (in detail).
*Describe the advantages your invention has over current devices or methods (in detail).

Send any written documents, sketches, and digital photographs describing your invention to: InventionPatenting.com or fax to (435) 658-3881.

  By checking this box I agree that submitting this form does not create an attorney-client relationship, and that submission of this form does not create an attorney-client communication unless we accept you as our client in a written document.

* Required Fields


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Utility Patents

What Is a Utility Patent Application?
A utility patent application, unlike a provisional patent application, can issue as a patent giving you the exclusive rights to your invention. This allows you to prevent or exclude other persons and companies from making (manufacturing), using (typically customers), selling (typically the sales and distribution chain), or importing any products [...]

What Is a Utility Patent Application?

A utility patent application, unlike a provisional patent application, can issue as a patent giving you the exclusive rights to your invention. This allows you to prevent or exclude other persons and companies from making (manufacturing), using (typically customers), selling (typically the sales and distribution chain), or importing any products that include your invention in the country(ies) you have an issued patent.

Unlike a provisional patent application, filing a utility patent application has significant additional costs following filing to try to convince the U.S. Patent Office that your idea warrents issuance of a patent (i.e. is actually an “invention” meaning it is new and non-obvious in light of the “prior art”). Also, unlike a provisional patent application which expires one year from its filing date, a utility patent application gives you “patent pending” for as long as the patent application is pending (i.e. not abandoned or a patent issues on the application).

Like a provisional patent application, a utility patent application allows you to see if your invention has commercial appeal without the risk that if you tell people, they will “steal” the idea. Also, while a non-disclosure agreement can help, but not everyone is willing to sign one.

Like a provisional patent application, a utility patent application establishes your priority with a “date of invention.” In other words, it tells the world “This is my invention.”

You can tell people about the idea, seek funding to develop the invention, even begin selling the invention, with confidence that your invention is protected from being stolen (though you do not have patent rights until a patent issues as explained above).

File Your Utility Patent Application

A. Enter your contact information

Your full name:
Your primary email:

B. Enter a title and briefly describe your invention.
1. What is the title of your invention?
The title should be a brief description of what the invention is as you would use to describe it to a friend rather that your desired brand name or marketing name. Click on “help” for additional information.  

2. Briefly describe what your invention is and how it works.You do not need to have every detail worked out… I will work with you on that. Click on “help” for additional information.  

C. Enter information about the inventor(s).
1. Provide the following information about each inventor.
This includes each person that made a significant contribution to concieving or getting the invention to work. Click on “help” for additional information.  

Inventor #1
Full Name
Street Address
City
State or Province
Zip Code
Country
Telephone Number

Inventor #2
Full Name
Street Address
City
State or Province
Zip Code
Country
Telephone Number
Are there additional Inventors?
Yes  
No

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