http://appft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnet ahtml%2FPTO%2Fsrchnum.html&r=1&f=G&l=50&s1=%222011 0097060%22.PG

[BuzzKill]

As 5c said, it can take years. It all depends on the "Office Actions" you receive from the PTO. These days virtually every application is initially denied or has a good number of claims rejected. It is typically a back and forth with the PTO, they file an Office Action and you file a Response to the Office Action. The PTO is also understaffed so nothing gets done quickly.

Also, as 5c said, you are protected from the filing of the application, if ultimately granted and at least so far as the claims that are finally allowed.

Mike, I am still fairly new here - I had not realized that it has been less than a year since you introduced Variable Voltage to the vaping world. Did you write the PTO application yourself?

I did NOT write it myself only fools do that ! ( sorry if anybody has done that ! ) And you are right it takes about 2 yr avg. to be assigned in the mean time we are PAtent Pending , there is a bunch of stuff that applies ( to much to go into here ) regarding other VV makers , we will inform them of the application so they are aware of it and can take measures that they may need to take .

It has been less then 1 yr sense VV came out and there are at least 15 MFG making VV devices they will be notified by my attorney about this and be given a chance to licence VV from us at that time .

Mod makers that do not sell devices will have NO WORRIES , that is an open area and will remain so ( like making a copy of a CD for your own use , no problem )

 

[5cardstud]

I filed for a design patent one time and was told that even a simple registration with the patent office gives you some protection. Not as much as you have for sure. I'm glad, you as the original designer and producer of variable voltage devices, is the person that got the patent on them. It's the only fair and right thing to happen.

 

[BuzzKill]

I filed for a design patent one time and was told that even a simple registration with the patent office gives you some protection. Not as much as you have for sure. I'm glad, you as the original designer and producer of variable voltage devices, is the person that got the patent on them. It's the only fair and right thing to happen.

It does 5CS , BUT you would not want to use that as a patent app. ! that is where spending the $ to use a Patent lawyer pays off !

Actually I did what is called a Provisional Patent Application and I wrote it myself ( after all this time and the # of patents I have filed I could almost do it myself ! ) a PPA sets your time of filing in stone so I did it to beat out anybody else that might be going after a patent for VV ! ( nice little trick huh ??? )

 

[Ruppy]

Now is the time to do it for sure mike. THis industry will explode eventually once the regulation is in place and the people get past it. The ones on the ground floor that are smart enough to take the proper business steps will be the ones rewarded.

 

[5cardstud]

It does 5CS , BUT you would not want to use that as a patent app. ! that is where spending the $ to use a Patent lawyer pays off !

Actually I did what is called a Provisional Patent Application and I wrote it myself ( after all this time and the # of patents I have filed I could almost do it myself ! ) a PPA sets your time of filing in stone so I did it to beat out anybody else that might be going after a patent for VV ! ( nice little trick huh ??? )

Nice one indeed but as many of them as you filed you should be a pro by now. The one I filed could only be a design patent because there was nothing mechanical about it. Not as much protection as yours but it was all they would allow. That was 30 yr. ago though.

 

[GMoney]

I did NOT write it myself only fools do that ! ( sorry if anybody has done that ! ) And you are right it takes about 2 yr avg. to be assigned in the mean time we are PAtent Pending , there is a bunch of stuff that applies ( to much to go into here ) regarding other VV makers , we will inform them of the application so they are aware of it and can take measures that they may need to take .

It has been less then 1 yr sense VV came out and there are at least 15 MFG making VV devices they will be notified by my attorney about this and be given a chance to licence VV from us at that time .

Mod makers that do not sell devices will have NO WORRIES , that is an open area and will remain so ( like making a copy of a CD for your own use , no problem )

I agree, if an invention is worth filing for a patent application someone would be a fool to write and prosecute the application themselves. I asked because I read your application and it looked liked it was written by a patent attorney, but I am used to seeing the attorneys name and firm listed on the application when viewed online.

I mentioned the 1 year because, as you know, you must file for a patent within 1 year from the first date of sale or public disclosure - me being new here, and seeing how much you have accomplished, I was surprised.

Provisional patent applications can be very helpful, however they can create problems if adequate disclosure is not made to support the claims of the full application.

 

[Ruppy]

I "think" around July is the one year mark. Mike could say for sure.

 

[BuzzKill]

I agree, if an invention is worth filing for a patent application someone would be a fool to write and prosecute the application themselves. I asked because I read your application and it looked liked it was written by a patent attorney, but I am used to seeing the attorneys name and firm listed on the application when viewed online.

I mentioned the 1 year because, as you know, you must file for a patent within 1 year from the first date of sale or public disclosure - me being new here, and seeing how much you have accomplished, I was surprised.

Provisional patent applications can be very helpful, however they can create problems if adequate disclosure is not made to support the claims of the full application.

Full disclosure was made and we went over it in depth ! , we used the ECF forum as our dating device LOL !

 

[Wharf Rat]

Full disclosure was made and we went over it in depth ! , we used the ECF forum as our dating device LOL !

Awesome

 

[misterD]

Full disclosure was made and we went over it in depth ! , we used the ECF forum as our dating device LOL !

does it mean that if i want a VV mod that bottom feeds with single boosted batt it has to come from you?
maybe now the Eclipse people is going to have to pull the plug on a project that they've working on for more than 6 months...
i trully dont understand all of you people applauding

 

[Stonemull]

no, but if has his way .. every other VV PV on the market will cost a little more and he gets a license fee.

yay awesome .. you rock.

 

[Ruppy]

does it mean that if i want a VV mod that bottom feeds with single boosted batt it has to come from you?
maybe now the Eclipse people is going to have to pull the plug on a project that they've working on for more than 6 months...
i trully dont understand all of you people applauding
can we use ecf to prove that the VV idea wasn't even yours to start with?

Nothing is going to get pulled. Projects are not going to get dumped. The only thing that will change is PVs that this apply to will be required to pay a small royalty fee and/or have permission to manufacture the device. As in almost every other case of patent on the market design changes will happen to get around that in one way or the other.

The dream of a free ecig market was just that....a dream. Ultimately this is a market that will become VERY competitive now that we are on the way to legal and regulated products. Big tobacco will be along shortly sucking up every patent there is because noone else has. You can BET that they will enforce them with a army of lawyers and push everyone out.

Everyone needs to realize Mike is not trying to corner the ecig market or put anyone out of business. He is playing it smart and locking his place in the market. I can promise you that other vendors will follow suit very soon. If they dont, when the big corporations move in, they will.

 

[misterD]

Nothing is going to get pulled. Projects are not going to get dumped. The only thing that will change is PVs that this apply to will be required to pay a small royalty fee and/or have permission to manufacture the device. As in almost every other case of patent on the market design changes will happen to get around that in one way or the other.

The dream of a free ecig market was just that....a dream. Ultimately this is a market that will become VERY competitive now that we are on the way to legal and regulated products. Big tobacco will be along shortly sucking up every patent there is because noone else has. You can BET that they will enforce them with a army of lawyers and push everyone out.

Everyone needs to realize Mike is not trying to corner the ecig market or put anyone out of business. He is playing it smart and locking his place in the market. I can promise you that other vendors will follow suit very soon. If they dont, when the big corporations move in, they will.

well! its true that someone had to have it done... and I hope you're right!

 

[Ruppy]

well! its true that someone had to have it done... and I hope you're right!

Actually I hope im not right about the changing market! I would love to see this remain a small mans industry. I would love to see this stay what it has been for the last few years. Unfortunately I think in our hearts we all know thats not going to happen. The big companies are coming. Many already have legal teams and R&D in motion. Walmart is moving into the market. Rj Reynolds is moving in. Phillip Morris will follow soon. Our best defense now is for the vendors we love and support to legally stake a claim.

 

[misterD]

than i hope someone already has the bottom feeding covered. maybe Carlos took care of it already?

 

[Ruppy]

than i hope someone already has the bottom feeding covered. maybe Carlos took care of it already?

Thats another prime example of something that SHOULD be patented. People REALLY need to push manufacturers to do it if they havent. Id really prefer to vape out of something made by a quality vendor than something made by big tobacco or Walmart. They've got enough of my money. Frankly ive felt really good putting some real cash back into the pockets of the middle class!

 

[Bejeebus]

Congrats! Let us all know when you go public so we can invest in our future!

 

[asidrave]

I must be missing something here....did buzzkill come out with the first VV mod?

 

[MXBNW]

Congrats Mike

 

[PoliticallyIncorrect]

I must be missing something here....did buzzkill come out with the first VV mod?

Yes. It was/is called The Buzz.