Can I Patent?

[luvmykidz]

What is the name of your state? Pennsylvania

Just looking for some information on a possible patent. Years ago my husband and I came up with an idea. We did nothing about it though. Recently, we were directed to the USPO just to take a look and see if per chance it was already patented or in the process.

To our surprise, our exact idea, description(wording varied), and drawing etc. was right there. I see a provisional patent was applied for on 09/2005. I too notice it was published on 3/30/2006 with a publication number and A1 behind it. Further looking, I see a US Patent application with kind code A1 dated 3/30/2006.

My question is, how can I find out if this actually was patented or it it was abandoned, etc.
Also wondering the time frame from the dates given above, it there is one, that this idea would have to have completed the process and received the patent if was still their intention.
Finally, if they abandon the idea, it is possible for us now to submit the exact same concept, which is basically identical across the board in look, description, use and wording? Or would that be infringement, prior art, or just disallowed due to being the identical object priviously submitted by them even if they abandon the process?

If anyone knows ow to confirm if the idea actually becomes patented by the codes or whatever on the USPO site that would be very helpful too.

Thanks so much in advance.

 

[divgradcurl]

To our surprise, our exact idea, description(wording varied), and drawing etc. was right there. I see a provisional patent was applied for on 09/2005. I too notice it was published on 3/30/2006 with a publication number and A1 behind it. Further looking, I see a US Patent application with kind code A1 dated 3/30/2006.

A patent application usually takes around 3 years to get through the process to issue, so something filed for in late 2005 would still likely be in the prosecution process and not yet issued -- but not abandoned, either.

The "A1" code is a "kind code" and this particular one just means that the application was subject to pre-grant publication. See more info here: http://www.uspto.gov/web/forms/kindcodesum.html

Finally, if they abandon the idea, it is possible for us now to submit the exact same concept, which is basically identical across the board in look, description, use and wording? Or would that be infringement, prior art, or just disallowed due to being the identical object priviously submitted by them even if they abandon the process?

As noted above, there is no reason to believe, based solely on the filing dates, that the application has gone abandoned. You can check to see if the application has gone abandoned by checking the public PAIR page: http://portal.uspto.gov/external/portal/pair. Until the patent either issues or goes abandoned, there will likely be little that you will be able to see, because prosecution of an application is confidential until the patent is issued or goes abandoned.

Further, because the application was published, it will be available as prior art for any later patent application. So, even if this application were to go abandoned, it your idea is the same as the abandoned application, the abandoned application will be prior art and will preclude you from obtaining a patent. Read more here: http://www.uspto.gov/web/offices/pac/mpep/documents/0900_901_02.htm#sect901.02

Unfortunately, the time for you to apply for you own patent was "years ago" when you came up with the idea. Now that someone else has attempted to patent the idea, and has a published application, it is very likely too late for you.

 

[luvmykidz]

Thank you so much for the inciteful information. I greatly appreciate it.