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Protection prior to filing an Application Nevertheless, sometimes there are advantages in preparing a dated written description of the invention supported by suitable drawings or diagrams, flow charts, etc. In the United States it is sometimes important to prove that an invention was conceived at least as early as some critical date. Proof that the invention was made as of a given date can be effected by preparing the description, drawings, etc. and then having a trusted individual who can understand the invention witness the document as having been read and understood as of the date on which the document was read. That individual should initial and date each page and complete a statement to the effect that the entire contents have been read and understood as of a particular date. That document, duly preserved, can constitute documentary evidence in support of a date of conception of the invention. However, in countries other than the United States, any disputes between competing inventors for the same invention are resolved in favour of the earlier applicant for patent. Thus it is important that a patent application be prepared and filed as soon as possible. By filing the application in one country, it is usually possible to "stop the clock" so as to be able to file counterpart applications in most other countries of interest within one year of the first filing, obtaining the benefit of the filing date of the first filed application. Sometimes it is a good idea to file a somewhat skeletal provisional patent application early, and supplement it by a later filed application containing more detail. |
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| Nothing
here written constitutes legal advice. The accuracy of what is written
is not guaranteed. |
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