A crypto having a patent or pending patent in USA doesn’t mean shit
4 min read
First off, I’m seeing some crypto post where they are talking about or celebrating their crypto having a patent.
I’m someone who does invent and dealt with patents before.
Pending patent and provisional patents will not show up in a public search. Patents in general don’t mean a hell a lot. Like I know someone who had their patent ripped off by Lego because they changed 1 thing, and in court that 1 thing was good enough to make it where it didn’t break any patent. A judge at a later time can overturn a patent https://ipspotlight.com/2012/10/30/federal-circuit-uspto-can-overturn-patent-in-reexamination-even-after-a-court-refuses-to-do-so/
Anyways, pending can take up to 5 to even 10 years to get a patent approved or not. The shortest time I’ve ever seen the PTO take on a case was 2 years, and that is extremely rare. And it isn’t out of the normal for them to reject and you have to change 1 or 2 things, or explain something. This all adding a ton more time to it. In fact, it’s rare that a patent will make it through on the first run unless you’re Apple, and in that case you can infringe on tons of patents and the PTO never looks for conflict.
Even if the patent was granted, in court down the road the judge could make a patent invalid if it was proven that it shouldn’t been granted. This happens all the time due to patent trolls. Look at the nightmare x-plane founder went through when patent trolls went after him. He even done interviews showing while he even beat 1 case, it would take multiple lifetimes to beat all the cases and more money than he could ever get to fight them all.
Trademarks is different and to be blunt this only gives them the power to go after copycats and like things. In fact, for them to keep the trademark they have to. Which is why most companies refuse to get one. It tends to be cheaper to copyright the stuff and run with that.
Lastly, I’m seeing post with images like
I’m not going to ding anyone for not knowing this because it flat out isn’t obvious unless if you dealt with this first hand. But this isn’t a list of patents. This is a trademark search. Again, pending and provisional patents can’t be looked up publicly.
Something to note is while patents you should expect between legal cost and other factors about $10k-$20k per patent. Trademarks only cost about $50. I didn’t look into them, but the trade marks might not even be own by the coin company. Like random joe blow might of bought them or some of them.
Again, my knowledge on this only applies to the USA.
Side note:
To declare patent pending you only need to file the patent or file for a provisional patent. Unlike putting in for a normal patent, normally you wouldn’t use a lawyer or team to help you write a provisional patent. THEY AREN’T REVIEWED.
A provisional patent allows you to get the protections of a normal patent up to 1 year. You can get extensions and what not, but within that you need to file a normal patent.
What I use these for is when I come up with a new invention and I am about ready to sell it, or if I want to bring it up to companies to see if they license the idea from me and I can get royalties from each one of their sells (which is the method I go for). It allows me to figure out can the thing even sell or does any company even want it. If they do, then in the agreement we can work on getting a full patent. If not, then I only wasted $70, time, energy, whatever to make the prototype, and what not.
Side side note: if it is a seasonal 1 off item like you see in the dollar store where it only runs for a few months. Then normally there is no patent or provisional. The thing is on and off the shelf too quick to need protections.
My point is, they can even say they are patent pending. But they spent no energy and almost no money doing so. You can read more on that here at the USPTO site https://www.uspto.gov/patents/basics/types-patent-applications/provisional-application-patent
submitted by /u/crua9
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