Questions

So we're working on a niche social network. A lot of the features are general features used in all social networks, but we have a few unique features. We don't have the resources to file actual patents, so we're just going with a provisional. Should I file individual provisionals for each feature, or can I just file one overall provisional for the whole app and make sure to highlight the individual features I think are patentable in the future?

I've got six utility patents in four separate industries - not all patent attorneys are created equal. You should find a patent attorney who has done work in your area of desired patent protection. Not only have they written patents in that space, but have they successfully prosecuted patents in that space?

As for patent-pending...it's true that you need to file within one year of making a public disclosure, but how you file the Provisional Patent Application (PPA) will depend on your determined course of execution. If you simply want "perceived ownership" for one year then as a micro entity a PPA costs $65 to file and no one will look at the PPA.

However, if at the end of one year you decide to file a utility patent you will only be able to claim the benefit of what was disclosed in the PPA. This is where many inventors shoot themselves in the foot! If you have every intention of getting the utility patent then you'll need to write your PPA with the same level of detail as you would write your utility. Usually, when inventors learn this they skip the PPA and go straight to filing the utility.

I don't know your business but if you're not going after a licensing play then you might ask how better you might spend $10k - $100K in your business other than on patents? My patent strategy is VERY different today than how I operated 10 years ago.

Clear as mud? Good luck. :-)

PS
If you'd like to call me and discuss further I will educate you on what strategies are available that would be the best fit for you and then help you craft and execute your strategy.


Answered 10 years ago

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