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I talked to a lawyer (who is also my friend) about the patent system in Germany. I confronted him with the argument that patents cost so much money and small bu

I talked to a lawyer (who is also my friend) about the patent system in Germany. I confronted him with the argument that patents cost so much money and small businesses/normal people cannot afford patents. He then said that this is true but you don't have to pay so much in most cases because of a trick: You can send the patent agency your patent paper and tell them to not evaluate it. They have to archive it for up to seven years and you only have to pay about 500 Euros for this. Assuming your papers are valid you can claim your "patent" at some point during the next seven years. If someone else files the same paper he is out of luck because you filed it first but without letting the agency evaluate it. I don't know if this is true (I trust my friend in that regard) and it does not help everyone in every situation but in may come in handy. Is anybody here who knows if this is actually the case?

dpatru 14y ago
In the US, you can file a provisional patent which will lock-in the filing date for up to one year. http://www.uspto.gov/patents/resources/types/provapp.jsp http://www.uspto.gov/patents/resources/types/provapp.jsp There is also a backlog for patents in certain technologies, so after you file, you may have to wait for a several years before you need to "prosecute" the patent.
adrinavarro 14y ago
And what about prior art? For example, you actually release a digital audio player but don't pay for the patent because you cannot afford it — you cannot be sued and somebody else can't claim a patent over it. Supposedly. http://en.wikipedia.org/wiki/Prior_art http://en.wikipedia.org/wiki/Prior_art
- LinaLauneBaer 14y ago
  One of my professors told me this: In case you have a good idea you can simply write it down, print it out, sign it and send it to yourself via certified paper mail. When you receive the mail you don't open it. You simply put it in a safe place. Then you can use this to prove prior art because its more or less a official document according to the (German) law. Again: I am not a lawyer and this may be totally wrong...

dpatru 14y ago

In the US, you can file a provisional patent which will lock-in the filing date for up to one year. http://www.uspto.gov/patents/resources/types/provapp.jsp http://www.uspto.gov/patents/resources/types/provapp.jsp There is also a backlog for patents in certain technologies, so after you file, you may have to wait for a several years before you need to "prosecute" the patent.

adrinavarro 14y ago

And what about prior art? For example, you actually release a digital audio player but don't pay for the patent because you cannot afford it — you cannot be sued and somebody else can't claim a patent over it. Supposedly. http://en.wikipedia.org/wiki/Prior_art http://en.wikipedia.org/wiki/Prior_art

LinaLauneBaer 14y ago
One of my professors told me this: In case you have a good idea you can simply write it down, print it out, sign it and send it to yourself via certified paper mail. When you receive the mail you don't open it. You simply put it in a safe place. Then you can use this to prove prior art because its more or less a official document according to the (German) law. Again: I am not a lawyer and this may be totally wrong...