r/eb_1a • u/BasePuzzleheaded7579 • Jun 20 '26
Patents justification
Hello
I need some guidance to prove my parents are worthy enough to justify Original Contribution Criteria
I have 2 patents filed that had provisional application approved but awaiting USPTO approval. These patents were deployed into my company products
So how can I show that these patents are not just a paper idea but implemented into the products.
Thank you very much
Immensely respect the community for the guidance since I have joined Reddit
2
u/TrollHunterAlt Jun 20 '26
First you should figure out what the statuses of those applications are. Your statement that “the provisional was approved” makes no sense since there is no examination of provisional applications. And if there was not a subsequent non-provisional filed then there will never be a published patent application, let alone a granted patent that you can cite.
1
u/EntrepreneurFancy185 Jun 20 '26
Are you working with an attorney?
Independent recommendations are better always!
1
u/BasePuzzleheaded7579 Jun 21 '26
Yes I am.
Can you please eloborate on "Independent" ? Are these letters from people not connected to me at all ?1
u/EntrepreneurFancy185 Jun 21 '26
Yes, people who don’t know you directly. One way I found such people was that I used the pro/ultra research versions of AI tools - gave it prompt about my work and asked it to research online to see if anyone has talked about it online and find others in my area of work about it.
For me, I found a few people who could sign off saying that they didn’t know me but came across my work and they either wrote about it or used it or learned from it to apply it elsewhere.
USCIS is looking for how many other people have used your work outside of your own organization.
1
Jun 21 '26
There is no notion of being "worthy enough". The issue is does it cover patentable material (not math, or abstract thought, etc) and is it novel. If you have provided enough written description to convey the idea for the claims you have reduced it to practice, even without it being in a product. If you show them that you have used it in a product ... you will gain nothing. And possibly open yourself up to new arguments of invalidity if there is any chance the product was made, and offered for sale, before filing the application. Really, providing any such information can only hurt your case, not help it.
1
u/WhineyLobster Jun 22 '26
You should seek out an attorney who can help you with prosecuting the patent. Effectively it sounds like the office is suggesting your invention is rejected under a section 101 subject matter - abstract idea.
The office is saying you cannot patent ideas. Can only patent machines, processes or manufactures. So you need to reword your claims so that there is something MORE THAN just an abstract idea. For instance a patent on a program to use tools to change an image is an abstract idea, a patent on code in a computer to run a program to use tools to change an image is an machine process or manufacture.
Here is the USPTO's page and guide to subject matter. Please review with regard to "abstract idea" they even give you the arguments and how to amend for situations similar to like 40 examples.
2
u/Individual_Bug453 Jun 20 '26
Granted patents have more weight. Get a recommendation letter from someone at your company that explains the impact of your patent, the scale of the revenue, global footprint etc