IP Law & Business reports an interesting way to quickly stop someone from using your idea.
Since patents generally take years to issue, the idea of a patent "emergency" seems counterintuitive. The referenced article shows that time is often critical for new inventions. One example is a new cereal that's high in protein and low in carbohydrates. A manufacturer has two options when faced with a ground-breaking new product. He can file an application and wait until the patent issues in a few years before selling the product. Alternatively, he can file an application and start selling the product, allowing others to copy the invention long before they are aware of a patent application. Since patents aren't published for 18 months in the USPTO, the infringer will not even be aware of infringement for over a year. An early publication is available, but it still takes 4 to 6 months. The infringer's lack of knowledge for this time means reduced infringement recovery for the patent owner. These months can be very critical in business.
Since patents generally take years to issue, the idea of a patent "emergency" seems counterintuitive. The referenced article shows that time is often critical for new inventions. One example is a new cereal that's high in protein and low in carbohydrates. A manufacturer has two options when faced with a ground-breaking new product. He can file an application and wait until the patent issues in a few years before selling the product. Alternatively, he can file an application and start selling the product, allowing others to copy the invention long before they are aware of a patent application. Since patents aren't published for 18 months in the USPTO, the infringer will not even be aware of infringement for over a year. An early publication is available, but it still takes 4 to 6 months. The infringer's lack of knowledge for this time means reduced infringement recovery for the patent owner. These months can be very critical in business.
So, what can a company do?
It can file a patent application in Switzerland. This can result in the patent being published within a month. Under the Patent Cooperation Treaty (PCT), patent applications published through the international receiving office benefit from U.S. publication laws.
It can file a patent application in Switzerland. This can result in the patent being published within a month. Under the Patent Cooperation Treaty (PCT), patent applications published through the international receiving office benefit from U.S. publication laws.
Of course, filing in a foreign office may require some knowledge of different practices, but in patent "emergencies" it may be worthwhile.
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