CORRECTION to post. (Accepted provisional patent application # 63/834,620

[CYBERBRITE1]

I am a new advertiser on this forum. My product is CYBERBRITE. cyberbrite1.com CYBERBRITE is an approved provisional patent pending solution formulated to quickly remove surface oxidization that causes that tarnishing we all hate. As I learn more about how to best promote this, it has come to my attention that the people who have wrapped there trucks may be taking a long term risk that my product may avert for future wrapping. Seem to me that if you put a cover (wrap) over stainless steel that has not been completely decontaminated of oxidized iron micro particles, it could develop small rust spots that could grow that will not show up for years. Wrapping Cybertruck stainless is a new venture. They haven't been around long enough to determine the long term affects of contamination under the wrap. If years of coverage produce small rust pits, they will start showing up as rough wrap surface imperfections on the wrap surfface. If you're selling a used Cybertruck in the future and It has these wrapped surface imperfections, it will be scary to know what has happened to the stainless under the wrap for the buyer. I am considering suggesting that "wrappers" ha, destain their trucks before wrapping just to be safe. I would like feedback from you who are considering wrapping or already have wrapped their vehicles. Does the wrapping industry offer lifetime protection against the stainless steel rusting under their wraps because they didn't sufficiently clean before wrapping? This is all conjecture on my part, it just seems logical to be prudent in addressing potiential problems that only use time on a new product can produce.
Sincerely
Gary
CYBERBRITE

Sponsored

 

[EasternSP]

Is your product and abrasive type solution, i.e. Jewelers Rough?

 

[yohst]

What is the patent application number?

 

[misdemeanor]

What is the patent application number?

Found this: Trademark https://uspto.report/TM/99516270

Couldn't find anything related to the patent though. "Patent Pending"

 

[CYBERBRITE1]

Is your product and abrasive type solution, i.e. Jewelers Rough?

Hi no abrasives. It’s a liquid chemical reaction that dissolves surface contaminants.

 

[CYBERBRITE1]

This is what comes up when you look up cyberbrite address posted on their website. Its a truck driver drug screening business for dot certs

Hi I understand the confusion. We are a small producer and produce CYBERBRITE on my private property outside of Waxahachie Tx area. The google search didn’t include the complete address. Our contact mailing address is:
101 Austin Blvd
Ste 600 PMB 1070
Red Oak, TX 75154
United States
This is a secure PO Box. We as not a scam. I hope you can understand why I would not give my personally home address.
Gary
CYBERBRITE

 

[CYBERBRITE1]

What is the patent application number?

Hi I am out of the office and will send you the approve provisional patent # later this afternoon.
thanks
Gary
CYBERBRITE

 

[CT_AZ_4x4]

Hi I am out of the office and will send you the approve provisional patent # later this afternoon.
thanks
Gary
CYBERBRITE

You might consider being very careful with the patent-pending language. If you have filed a provisional patent APPLICATION, this means that zero patent rights have been allowed, pending a full review of an actual patent application and not a provisional patent application.

A provisional patent application is merely a 12-month placeholder. You need to file a full, regular patent application within that 12-month period, to even begin to have a chance at acquiring patent rights.

Good luck!

 

[yohst]

You might consider being very careful with the patent-pending language. If you have filed a provisional patent APPLICATION, this means that zero patent rights have been allowed, pending a full review of an actual patent application and not a provisional patent application.

Exactly. "Patented pending" is permitted once a patent is applied for. The application number doesn't show up in the USPTO database immediately so could be this was a recent application. Getting a patent on a chemical composition is rather difficult and it would surprise me that anyone besides 3M (and the like) applies for such patent thereby expose the formula and hence runs the risk handing it over to everyone if the patent isn't granted.

 

[CYBERBRITE1]

You might consider being very careful with the patent-pending language. If you have filed a provisional patent APPLICATION, this means that zero patent rights have been allowed, pending a full review of an actual patent application and not a provisional patent application.

A provisional patent application is merely a 12-month placeholder. You need to file a full, regular patent application within that 12-month period, to even begin to have a chance at acquiring patent rights.

Good luck!

Hi thanks, maneuvering this minef field the best I can. I’m a fat learner. My Procusional patent has been approved

What is the patent application number?

HI, I have been issued a provisional patent. It has been accepted and issued this # 63/834,620. I have the 12 months from issue to file patent as you mentioned. I am doing my best to get this product out there to see if it's worth the expense of Patenting. I have learned a lot and am enjoying the experience. This product is genuine, does what I present it to do, and when I get the promised reviews that should be coming, it may be worth the effort. Thank you for asking about the #. It is my goal to be as transparent as possible.
Gary
CYBERBRITE

 

[CT_AZ_4x4]

Hi thanks, maneuvering this minef field the best I can. I’m a fat learner. My Procusional patent has been approved

HI, I have been issued a provisional patent. It has been accepted and issued this # 63/834,620. I have the 12 months from issue to file patent as you mentioned. I am doing my best to get this product out there to see if it's worth the expense of Patenting. I have learned a lot and am enjoying the experience. This product is genuine, does what I present it to do, and when I get the promised reviews that should be coming, it may be worth the effort. Thank you for asking about the #. It is my goal to be as transparent as possible.
Gary
CYBERBRITE

Gary;

What you have filed with the patent office is not a patent. It is a placeholder application.

Companies that falsely assert that something is patented when it is not actually patented can be subject to “false marking” liability.

You should be careful to avoid this type of potential liability by making sure to avoid asserting something as “patented” if all that has happened is the filing of a provisional patent application.

A provisional patent APPLICATION is not a patent. It isn’t even a patent application that can be examined for determination by the Patent Office on the question of whether patent rights can be granted or not.

You should be cautious.

 

[yohst]

Gary;
What you have filed with the patent office is not a patent. It is a placeholder application.

Companies that falsely assert that something is patented when it is not actually patented can be subject to “false marking” liability.
You should be cautious.

Provisionals aren't the actual application as you point out, however, the person/company filing for a provisional may legally state "patent pending" The USPTO also states this directly on the provisional application page. https://www.uspto.gov/patents/basics/apply/provisional-application. (Second paragraph)

I am doing my best to get this product out there to see if it's worth the expense of Patenting.

63/834,620 is not locatable in the USPTO database... hmm. 63 is indeed a provisional, and the serial number seems recent so probably not posted yet.

If you have legal advice - my experience with patent lawyers is that they will almost invariably advise you to go through the process. I'd be really careful with that:
1. Utility patents aren't cheap if you go through an attorney (several thousands) though you can do it yourself if you have been involved with patents before (else I'd recommend against it).
2. A patent once granted gives you the right to its documented invention but:
- it won't block anyone from copying; you will have to take them to court
- it won't prevent anyone from improving the tech, possibly in a manner that is not discussed in your patent.

I take it you did a prior art search before you filed your application? (to get a sense of its novelty?)

 

[CT_AZ_4x4]

Provisionals aren't the actual application as you point out, however, the person/company filing for a provisional may legally state "patent pending" The USPTO also states this directly on the provisional application page. https://www.uspto.gov/patents/basics/apply/provisional-application. (Second paragraph)



63/834,620 is not locatable in the USPTO database... hmm. 63 is indeed a provisional, and the serial number seems recent so probably not posted yet.

If you have legal advice - my experience with patent lawyers is that they will almost invariably advise you to go through the process. I'd be really careful with that:
1. Utility patents aren't cheap if you go through an attorney (several thousands) though you can do it yourself if you have been involved with patents before (else I'd recommend against it).
2. A patent once granted gives you the right to its documented invention but:
- it won't block anyone from copying; you will have to take them to court
- it won't prevent anyone from improving the tech, possibly in a manner that is not discussed in your patent.

I take it you did a prior art search before you filed your application? (to get a sense of its novelty?)

I’m not stating that if someone has filed a provisional patent application that they cannot advertise as “patent-pending.”

Gary’s language stated that his “patent” “had been “approved.”

A provisional patent application is not a patent. It is just a placeholder for 12 months. It isn’t even a full patent application that can be examined by the patent office. During the 12-months period that a provisional is pending, an applicant must file a full patent application with legal claims about the breadth, depth, and width of the asserted invention. Only then does the patent examination process even begin that MIGHT result in a patent.

No “patent” has been approved in this instance because a provisional is the only item that has been apparently filed with the patent office.

Stating that something is “patented” when it is not exposes the person or company making the false assertion to liability under 35 USC section 292 up to $500 per offense.

I know this because I am a registered patent attorney and about a decade ago I had the largest settlement in the entire United States for a qui tam action for false marking where someone was asserting something as “patented” when it absolutely was not “patented.”

Proceed at your own risk asserting that something is “patented” when in fact it is not “patented.”

 

[yohst]

Gary’s language stated that his “patent” “had been “approved.”

he stated his “Procusional patent was approved” likely a typo for provisional. That is a little weird as those don’t get approved. It is not “patent approved”, i.e. granted language which would be a real issue for him. But best to tighten up his text.

 

[CT_AZ_4x4]

he stated his “Procusional patent was approved” likely a typo for provisional. That is a little weird as those don’t get approved. It is not “patent approved”, i.e. granted language which would be a real issue for him. But best to tighten up his text.

Exactly.

Why invite liability when so easily avoidable?

Sponsored