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At what point in your submision is your idea considered patent pending/

neillizotte's Avatargold

Hello, I would like to know at what point in the patent process is your idea considered patent pending?

I get asked every time I submit and an idea for patenting and very sorry, but not sure what to enter ifor this question.

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kabuj's Avataree_badge

TECHNICALLY, a patent application is "patent pending" as soon as you formally file the application. In actuallity, until you get a formal acknowledgement of receipt from the USPTO it's not really patent pending (it must be sent and received). In other words, if you file, but they never receive it for some reason, in reality, it's not patent pending.Filing online resolves this issue immediately since you get an immediate receipt. My two cents anyway. Best of luck

Darlene Batrowny
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taterdog1's Avatargold

  FYI/ If I remember correctly, a patent pending app expires after one year if you have not moved forward to a finalized patent/ I do not believe you can do a patent app more than once on the same idea. Double check these facts but i believe you will find them to be correct. TY

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kabuj's Avataree_badge

Barry is correct about the 1 year expiration. More specifically, You have one year after public disclosure and or filing a provisional patent application (PPA) to file a regular (or non-provisional) patent application (RPA or NPA) or you will lose your right to claim "priority".. Note: If your invention was not publicly disclosed you can STILL file another NPA(s) or RPA. As always, I am not an attorney nor do I play one on TV. Do your due-diligence. Best of Luck!

Derrick James
Darlene Batrowny
barry ellard
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