Provisional Patent Explanation

File a non-provisional patent application pre-AIA  January 31, 2013 – 12:39 am
Provisional Patent Explanation

On March 16, 2013, the United States will transition from a first to invent system to a first to file system under the America Invents Act (“AIA”).

In my opinion, it is more advantageous to have a patent application governed by the first to invent system than the first to file system even though the first to invent system for the most part behaves like a first to file system.

What I mean is this?

Although the first to invent system allows inventors to argue that they are the first to invent through an interference proceeding, and thus should be awarded the patent, only a few hundred applicants out of the hundreds of thousands of patent applications filed on a yearly basis take advantage of the first to invent rules and the interference proceeding.  Hence, we essentially have a de facto first to file system but a de jure first to invent system.

Why do I, in my humble opinion, think that the first to invent system is more beneficial to applicants than the first to file?

  1.  The first to file system is a very harsh rule.  If you are late by one day, then you are not the first to file and will not be awarded the patent.  The filing dates of the conflicting applications are compared.  The earlier one wins.  You have one exception.  That is the derivation proceeding.  However, this proceeding is expected to have limited applicability because of the stringent requirements set forth by the Patent Office to even have your petition for a derivation proceeding granted.

Source: OC Patent Lawyer

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Your opinion you can keep - let's see some data

You know man, there's a lot of people who can think for themselves. If you really want to share this data and the data is factual, then post it, or link to it. What you've posted is a bit like an editorial. It's your take and I personally prefer to do the interpretation myself. I can tell you that the studio I moved in to in 1998 was priced at $725 then and it's being advertised at the low low p...explain this course of action though I can admire their committment to their chosen course of action regardless of it's financially unsound nature.
I must say the landlords aren't garnering a whole lot of goodwill these days. Hooray for Rent Control. Up with tenent rights and down with landlord tyranny. Speak your mind publicly or forever hold your piece (spelling intended).
markoff

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Provisional Patent Example
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If you assume that the entire handset business including all inventories is worth $1B, coupled with a decreased network value of $1B, and a very conservative patent valuation of $2B, RIMM is still worth $10. The only scenario that matches a $6 …

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