IS MY INVENTION PROTECTED FROM THE DAY I FILE MY PATENT APPLICATION?

The day you file your patent application the content of the application is officially recorded along with that day’s date, which becomes the official filing date. The application is then accorded an application (or ‘serial”) number and any earlier priority date that you claim in your application is officially noted. All of these actions are necessary for your application to be recognised in the ‘queue” at the Patent Office so that it has priority for the granting of a patent over some one else’s later filed application for the same invention. So to that extent you are protected in that a person applying after you, with a later priority date claim, won’t usurp your place in the queue.

 

Filing a patent application won’t give you any standing to sue anyone else for patent infringement until a patent has actually been granted. You can’t launch patent infringement proceedings unless you have a granted patent.



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