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  1. #1
    PowerPython's Avatar
    PowerPython is offline Member
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    What can I do during the patent process?

    When I have applied for a patent, do I have to wait until I have been granted a patent so I can talk about getting it made? I don't really know how to phrase the question. I mean, when I have sent in the application form, and they have accepted it (patent pending?), what can I do? Can I talk about it openly, seek funding and get one made?
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  2. #2
    ChaseManset's Avatar
    ChaseManset is offline Senior Member
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    The minute the application is submitted, ie. postmarked, you have been granted the status of patent pending. Along with this, your patent is now public knowledge. Anyone with the internet can find your patent.

    Yes, you can talk about your patent with whomever you please, although, you do not have any legal justification for infringency until the patent is granted.

    If you have not developed a prototype prior to applying for a patent, probably a mistake. Patents can be a very long and expensive process. With simple NDA's, you can speak with investors and fellow entrepreneurs to help you on your way.

    A lot of your questions can be answered at www.uspto.gov .
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  3. #3
    nordicnomad's Avatar
    nordicnomad is offline Senior Member
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    Dont' talk about your idea with anyone until your patent attorney tells you it's ok. Normally they'll just give you a basic NDA to have people fill out, but make sure they know if you're going to be talking with investors or selling anything and listen to the advice they give you.
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  4. #4
    silenthcourtney's Avatar
    silenthcourtney is offline Junior Member
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    If you file a provisional patent, you have a year from the postmark date to say that your invention is "patent pending." It doesn't mean that you have a patent, just that your idea cannot be patented by someone else. I agree with Nordic that you should consult a patent attorney before making your idea public knowledge.

  5. #5
    danbu1's Avatar
    danbu1 is offline Member
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    You are pretty much protected but I would go the extra step of a signed nondisclosure before talking to anyone.

    Word of advice: keep a journal of any changes to your idea with dates and signatures of people involved. This will prove to be very valuable incase of infringement.

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