Legal Question in Intellectual Property in Illinois
Another provisional application or another method?
I helped my dad file a provisional patent application about 12.5 months ago, and now came the time to file an rpa (utility), but I found out (reading ''patent it yourself'') that the invention would need witness testimony and/or test results from its' use. Since we already filed a ppa (which expired), and since the invention has already been built, sold, and tested (however not documented), I'm not sure what the best thing to do would be. While dad wants to organize the witness testimony and document test results, we think we should contrive more legal protection.
Should we file another ppa, participate in the uspto's disclosure document program, or use a notebook to document everything and have witnesses sign that documentation.
Thank you.
2 Answers from Attorneys
Re: Another provisional application or another method?
You need at least to file another provisional patent application and obviously you lose the priority date of the original patent application. The best way to proceed would be to contact a registered patent attorney or patent agent, who are usually cheaper, to file a utility patent application. It has been my experience that patent applications that are filed pro se have very little value once they are issued. Thus I recommend that you contact someone in your area who can assist you.
Good luck!!
Re: Another provisional application or another method?
There are so many issues involved that this can best be handled by a free phone consultation to our toll-free number, so we can guide you as to the least expensive way to accomplish your goals.
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