Patent Pending in 24 Hrs (Book) Vs IP Australia Advice...

[Hugh]

Hey Ric,

I'm reading that book you recommend, and one thing really stands out so far. 

The author recommends not filing a provisional application until you have one that is very solid, as it can impact the validity of the patent and the approval process (makes sense). 

I spoke with a senior manager at IP Australia (in the patents area) some months ago who told me "Just get as much info as you can in there, you can always refine it later". He was clearly of the mind that filing sooner was better than later, and that refinement later would not harm the application or the priority date.

I don't want legal advice from you, just your opinion. Are the systems really that different? I'm talking to a lot of people right now, so filing sooner was  what I wanted to hear... just wondering if I wouldn't be better off filing another more refined application in light of this information.

Thanks

Hugh

[Ric Richardson]

They are talking about two separate things. It's a good idea not to file until you have the idea fleshed out. But it doesn't have to be a masterpiece. Just get the idea on paper solid. You can refine later. Does that help? 

[Hugh]

Yes thanks mate, it does. 

The back story is that we've got an alpha / prototype built, but its only as the invention has progressed that I decided that a) trying for a patent was actually a good idea (in terms of time and expense) and b) we might have a snow balls chance of securing some very specific processes (our space is incredibly crowded with patents). 

I had originally thought not to bother with patent, and just go after the market aggressively with sales and distributor deals... but discussions Commercialisation Australia and.. a 5 year old episode of 'Dragons Den' on TV changed my mind.

So a few weeks back the scramble was on.. many many hours trawling the patents dbs, and then rush to get something lodged... with a hope that we have time at some point in the not-too-distant future to get it sorted out properly. 

Then I started reading that book and got the heeby-jeebies that I might have shot myself in the foot.

Thanks for the clarification.