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A cheap idea I've had is to file only a "provisional patent application". Much cheaper e.g. $110 AUD for Australia (unless you're paying an attorney). I haven't

by 6ren 13y ago

A cheap idea I've had is to file only a "provisional patent application". Much cheaper e.g. $110 AUD for Australia (unless you're paying an attorney). I haven't checked other countries, but believe it's similar. You must file the actual patent application within a year. But, if you haven't disclosed it publicly yet (which includes commercial sale), you can just file another prov. http://www.ipaustralia.gov.au/get-the-right-ip/patents/apply-for-a-patent/provisional-application-what-to-include/ http://www.ipaustralia.gov.au/get-the-right-ip/patents/apply... http://www.ipaustralia.gov.au/get-the-right-ip/patents/time-and-costs/fees/ http://www.ipaustralia.gov.au/get-the-right-ip/patents/time-... So it's something to offer to investors/dissuade competitors... within a year. That mightn't be enough time of course. OTOH, though there is a zero-sum aspect, seeing it as war takes all the fun out of it :/ EDIT a prov just secures a priority date - so you can defer national vs. PCT an extra 12 months. It's confidential, so doesn't constitute public disclosure in itself. But... you're saying PCT members (eg USA) don't recognize an Aus prov priority date? That's a shame. If so, I guess one could file an individual prov in each nation of particular interest (eg USA), cheaper than an actual application, and then go the PCT route. But complex/hassle for just an extra year. (also IANAL TINLA - but useful to hear!)

jacques_chester 13y ago
The problem is that you need either to file everywhere at once, or file through the PCT process. If you just file in one country, once the patent is disclosed, it's disclosed everywhere. You lose your opportunity to file in other countries. I chose the PCT process. It costs more up front, but it gives me significant flexibility in terms of timing -- up to 30 months from initial filing date to begin national applications. That means I can see how the US application goes. If it is accepted, I will then file elsewhere. In particular, a provisional application in Australia would give me no priority over a similar filing in the USA. But the PCT process gives me a worldwide priority date. If I'd gone for the national-only route, I'd have had to file in all the countries of interest up front. Overall it's a cheaper option, but I don't have the kind of cashflow needed to file in a dozen places simultaneously. Before I forget: IANAL, TINLA.
jacques_chester 13y ago
2nd reply as edit time has passed on my first reply. > But... you're saying PCT members (eg USA) don't recognize an Aus prov priority date? Not, as I understand it, unless you go through the PCT process instead of a national applicaiton. It's the PCT application that grants the worldwide priority and flexibility. You can't do it afterwards, you have to do it first. IANAL, TINLA. Email me (see profile) if you want a referral to my lawyer. I like him.

by 6ren 13y ago

jacques_chester 13y ago

The problem is that you need either to file everywhere at once, or file through the PCT process. If you just file in one country, once the patent is disclosed, it's disclosed everywhere. You lose your opportunity to file in other countries. I chose the PCT process. It costs more up front, but it gives me significant flexibility in terms of timing -- up to 30 months from initial filing date to begin national applications. That means I can see how the US application goes. If it is accepted, I will then file elsewhere. In particular, a provisional application in Australia would give me no priority over a similar filing in the USA. But the PCT process gives me a worldwide priority date. If I'd gone for the national-only route, I'd have had to file in all the countries of interest up front. Overall it's a cheaper option, but I don't have the kind of cashflow needed to file in a dozen places simultaneously. Before I forget: IANAL, TINLA.

jacques_chester 13y ago

2nd reply as edit time has passed on my first reply. > But... you're saying PCT members (eg USA) don't recognize an Aus prov priority date? Not, as I understand it, unless you go through the PCT process instead of a national applicaiton. It's the PCT application that grants the worldwide priority and flexibility. You can't do it afterwards, you have to do it first. IANAL, TINLA. Email me (see profile) if you want a referral to my lawyer. I like him.