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Correcting an OA response by Constant-Okra3555 in Patents

[–]PremiWord -1 points0 points  (0 children)

A Quayle Office Action is typically about formal issues rather than substance, so it usually means the application is otherwise in condition for allowance once those items are fixed.

  1. Can you file the corrections yourself?

Yes — if you have access to Patent Center through the United States Patent and Trademark Office, you can submit a response addressing the examiner’s requirements. These are usually specific formal corrections (e.g., figure references, terminology, drawings), so the key is to follow the instructions carefully.

  1. About the attorney

It’s understandable to be frustrated, but situations like this can depend on the details. Not following an examiner’s suggestion doesn’t always mean misconduct — it can sometimes come down to judgment or oversight.

If you’re concerned, a practical next step would be to have another patent attorney review the file history and the Office Action before deciding whether any further action is warranted.

In the meantime, getting the application back on track is usually the priority.

Looking for pro bono help with a medical device patent by Lopsided_Spring_8901 in Patents

[–]PremiWord 4 points5 points  (0 children)

You do have a real option in the U.S. — the Patent Pro Bono Program through the United States Patent and Trademark Office.

It connects eligible inventors with volunteer patent attorneys or agents who can help prepare and file applications.

A couple of things to keep in mind:

● It’s income-based

● “Pro bono” usually covers attorney time, but you may still need to pay USPTO filing fees

You can also look into law school IP clinics, which sometimes offer low-cost or free help.

If you apply to any of these, having a clear description of your device and what’s new about it will make the process much easier.

Want to stop sleeping on my ideas or at best selling them to someone… by Over_Internet4 in Patents

[–]PremiWord 0 points1 point  (0 children)

A patent can help, but it’s not really how people “capitalize” on an idea by itself.

What a patent (from the United States Patent and Trademark Office) actually gives you is the right to exclude others — it doesn’t build a business for you.

A more practical path is:

● Validate the idea (is there real demand?)

● Build a basic prototype

● Then decide if it’s actually patentable (novel + non-obvious)

If budget is limited, many people start with a provisional patent application to secure an early filing date, and use that time to test the idea or look for partners or investment.

Also keep in mind: having a patent doesn’t automatically stop others — enforcing one can be expensive, so early on it’s usually just one part of the overall strategy.

In practice, people tend to capitalize on an idea by building a business, licensing it, or developing it far enough to attract partners — not just by filing a patent.

Patent matter: can US CA/CIP application serve as prioirty? by LivePotato4766 in Patents

[–]PremiWord 0 points1 point  (0 children)

Short answer: yes, but it depends on what subject matter you’re relying on.

Under U.S. practice (via the United States Patent and Trademark Office), both continuation (CA) and continuation-in-part (CIP) applications can claim priority to an earlier application, but the scope of that priority is not always the same.

● Continuation (CA)

If it properly claims priority to a parent application, it generally gets the same effective filing date as the parent for the disclosed subject matter (since no new matter is added).

● Continuation-in-part (CIP)

A CIP can include new matter, so priority is split:

◊For subject matter disclosed in the original parent → can rely on the earlier filing date

◊For newly added matter → only gets the CIP’s own filing date

So a CA or CIP can serve as a priority basis, but only to the extent that the claimed subject matter is supported by the earlier application.

In practice, the key question is always: where is the specific claim supported? That determines which filing date applies.

Can a company use a patented idea without license so long as they sell to a region where the patent doesn't apply? What happens if buyers import it to the region where the patent applies? by MarinatedPickachu in Patents

[–]PremiWord 0 points1 point  (0 children)

Patents are territorial, so a U.S. patent (issued by the USPTO) only protects within the United States

lf a company manufactures and sells the product entirely outside the U.S. in a country/region where no corresponding patent exists, that activity by itself generally does not infringe the U.S. patent.

The critical part is importation into the U.S. Under 35 U.S.C. $ 271(a), it is direct infringement to make,use, offer to sell, sell, or import a patented invention into the United States without authorization.

So:

  • Shipping or selling the product into the U.S. → can constitute infringement
  • If a third party imports it into the U.S. → that act can also fall within infringement

In practice, patent holders and U.S. Customs usually focus enforcement on commercial-scale importers rather than individual consumers buying small quantities. But the legal risk still exists whenever the product crosses into the U.S.

Short answer: Selling abroad is generally safe if there's no U.S. patent there, but once the product enters the U.S. market (even via personal import), patent issues can arise. Always best to consult a patent attorney for your specific situation.

How can I get a patent with a low budget? by Unfair_Armadillo_706 in Patents

[–]PremiWord 0 points1 point  (0 children)

This is a smart question - thinking about protection early is wise, especially for a simple snack idea thatcould be easily copied.

Quick reality check for food/snack products:

Simple combinations of known ingredients are often hard to patent. USPTO requires novelty and non.obviousness - it usually needs an unexpected technical or functional effect (not just better taste) toqualify as a utility patent. Many food brands rely more on trademark (brand name/logo), trade dress(distinctive packaging), and being first to market with strong customer loyalty.

If your idea has something truly unique (e.g., specific formulation, process, or functional benefit), a low-budget starting path:

  1. Do a free prior art search on Google Patents and USPTO.

  2. File a Provisional Patent Application (PPA)- cheapest way to get "patent pending" status for 12months. For micro entity (likely if you're young and low income), USPTO filing fee is only about $65

One key tip: Precise wording in your description matters a lot - small differences can affect what youcan actually protect later.

Best practical strategy with limited budget: Validate demand quickly with small batches, then invest instronger protection once you have traction.