Legal Question in Intellectual Property in New York

Wrong mail address.

I submitted a question concerning intellectual priority a few minutes ago. I accidentally gave the wrong email address. Sorry for the error.


Asked on 4/07/08, 8:49 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Wrong mail address.

The "poor man's patent" provides no protection whatsoever to the person who would claim priority in an invention. You can file your invention with the USPTO for $100 (a "provisional patent"); THAT establishes a priority date. BEWARE: PROVISIONAL PATENTS EXPIRE AFTER ONE YEAR, and you cannot claim priority to an expired provisional patent. Thus, if you want a patent to issue and you need to claim the benefit of the provisional application's filing date, you MUST file a nonprovisional application for patent within one year of filing your provisional application. One year and one day is too late.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 4/07/08, 9:37 pm


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