I’m thinking the way I process to make a full spectrum extract may be patentable.
Any of you slangers pulled together a patent search in the pot processing field?
It would save me a boat load of work if someone is willing to share.
People here typically rush to post their novel techniques to public domain so that others can’t patent it out from under them.
Reputation and notarity seems to matter more than patents in 2020
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Patents in this industry are heavily looked down upon. In all aspects. If you really need to protect something you gotta go through more than just a patent but the funding to sue anyone who infringes. It’s a loss for everyone I know who has tried. I’ve helped in the creation of one successful patent, I do like the end results detailed reports / diagrams etc. They’re cool to look at and are like self purchased trophies. I’d like to see more patent that has produced ROI or licensing in this industry.
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I think I have like 28-30 right now. What do you want to know. I do pretty much most of it myself other than litigation with the uspto.
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Are you 100% sure your method is novel is non obvious? Do you have the capital to take action if they’re infringed?
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Getting a patent is a big step. Successfully defending it in court is an even bigger step (cease and desist letters don’t count). Being issued the patent is no warranty of success in court.
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Holding a good patent in this industry is like being the champ in a weight class where you don’t get paid for title defense. If the contender is a chump, it might not hurt that much to hang on to the belt. Otherwise you might just get beat on for nothing. That and there’s not a good precedent that application specifically to cannabis separates you from the century of prior art in other applications.
I have 26 US Patents with my name on them thanks to my long career in the industry.
My intent is more to use some quarantine time to do something interesting.
By my preliminary search, the area I am interest in is uncharted territory.
I know all the criteria and can draft an application that won’t take a real patent lawyer much time to clean up.
I’m just doing it because I can and am in quarantine.
Some Cali guys who roll big have tasted my hobby product and are drooling.
It caught my attention when they offered me a Ferrari…
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Patent it let us know when it publishes
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I was offered a Ferrari once too, it was at a “group interview” for a pyramid scheme selling Kirby vacuums… I’ve learned to shy away from “business ventures” that sell on big “payouts”
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Something like only 5-8% of applications are actually allowed. Even if you have to go back and forth with uspto agent. Most of the time you can use your litigation lawyers to fight the card and claims and achieve your patent. Most of that 5% acceptance is secondary or suplimental. It’s extremely rare to get one off the bat. The patents off job is to nearly automatically decline most patents and show proof it cannot be enforced with prior art. They usually win at this. You technically have to prove them wrong in that case, Wich is a patent office proceeding of its own. Prooving it’s novel is what allows them to let it through.
First of all you need what’s called portfolio. To enforce your patent first things first. You can’t just make it up. You need documentation to how you got to the novel proceedings and designs and even utillity. If you cannot prove or have any of those documents and suplimental days then the lawyer won’t take the case. Some litigation guys will apply and get you the patent but when it’s time to defend it they dip out. Because you don’t have anything suplimental.
Typically for instance I communicate and leave all that data with my lawyers. I rarely hold onto it because it’s for them not me.
Second is a big thing. To enforce your patent or even have it survive past the gazette you really want a litigation and prosecution team on staff because when that shit starts to go public people attack your patents.
Theres a huge difference between a low level lawyer who can get you a assigned patent number and lawyers who create case files and portfollios and multiple technology fillings to reinforce the patents. Another example is o have one item that some cases has 2-5 patents behind one that structures the technology and useage.
Most of the time you pay the lawyer to file and get you through the gate…
If the uspto come back and argues with your litigator expect to pay 300-700 per hour to finalize that patent and that could be a 5 or 40 hour task going back and forth with the uspto… That’s another thing you should be prepared for. So let’s say you get a bad uspto examiner and it takes 30 hours at 650 a hour…$19,500 plus the 3-8k you pay to file for the patent.
It can also take 2-3 years if you don’t pay to expedite. So add another 2000-5000 expedite fees depending what kind of patent you are filing.
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Take the car
Can you be more specific about your process? 
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If someone uses the words California and Ferrari in the same sentence I run.
I made it through the Miami Vice days intact and am too old for the dark side.
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I was the inventor in the longest running case in the European Patent Office.
14 years of litigation but we won and I got the patent for my employer.
I want to talk about what I have been doing but disclosure is an absolute bar against patentability.
Filing a US Provisional Patent Application is simple and protects you for a year while you decide if you want to be serious about proceeding with a regular filing.
Actually proceeding to get a patent can easily cost $500,000 and it isn’t worth it unless you have a legal team to enforce it.
By filing a Provisional Application, I can prevent anyone else from patenting my process and apparatus while sharing it freely with the 4200 Fam… 
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Provision based patents aren’t valid anymore. As of 2016 there were several Texas based cases that prevented frivolous law suits that involved them. Basically if you get a provisional patent that only means you can place someone on notice but not stop them. You still have to get your patent and then you have to file a case and develop claims and damages and then if said person stops the case is over and you cannot collect. So basically provisional patent allow your competition to redevelop and release your technology with zero recourse as long as when your patent is released and public they stop during the begining of a law suit. It’s a whole bullshit scam.
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Funny, the USPTO still accepts provisional applications.
Provisional patents were never “valid” they are simply a placeholder while you make the hard decisions about what to do next.
I want folks to develop and implement this tech, I just want folks to know where it came from.
I’m a professional and patents are one way I keep score.
In general, patents have been a bad investment for small businesses for a long time.
The system is totally geared towards the needs of big industry and unless you have very deep pockets you can’t enforce one even if you get one.
How many you got?
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100% agree. Just the yearly fees to maintain the patent after it is awarded will stack up quickly when there are multiple patents. You also start a clock ticking on your time to develop and market your idea, ten years I think. Preventing someone else from using an idea is half the battle, a business also needs the capital to hit the ground running with their new patented idea.
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They accept them because people will give them money. Things changed around 2016 and with that provisional litigation. You can’t sue anyone with provisional. Provisional just means that date is reserved but in the same instance you barely need details or even pics for provisional. Getting it won’t allow you to have any protections until after your patent goes live and then proving you are owed damages after the fact. It was something of value in the 90s. Now adays it’s just a word basically. You have no legal rights attached with provisional.
I have approx 30 live valid patents. Google patents has about 27 updated and listed.
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Like I said, it is a simple way to establish a date of invention without really needing an attorney.
It is also an excellent way to block someone else from patenting the same stuff without ever having to file a real application.
The US system of Provisionals derives from EPTO practice.
It came into place because folks were using the EPTO system to block US patents which move at a snail’s pace.
Provisional means provisional.
I take it you are not willing to help the Future community by sharing your patent bibliography.
You know so much you have to have one.
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