Quote from ProfLogic:
That isn't the flip side . . . that is how one abtains the full patent is through full disclosure.
True, full disclosure is the price you pay for a patent.
Within 18 months of the actual, not provisional, application being filed, the patent is 'published' on the Patent and Trademark site.
Notice the PTO search page is divided into two parts, the patents that have been 'granted' and those that have been 'published'.
http://www.uspto.gov/patft/index.html
All details of the patent application become public at the time the patent is published. Once the patent is published it may take another 1 or 2 years before an examiner is assigned to the application, and then another year before the application is 'granted' (if ever). A long road.
Provisional applications are not published as they are only a registration of the general concept used to begin the long process. The content of a provisional application is not reviewed for its 'patentability' or general merit in any way. All provisional applications are registered, not 'granted'. You fill out the PTO form, attach your description, pay the fee $100, you got the 'patent pending' provisional application. The Provisional application may be helpful in the future in setting a date to define 'prior art' claims or to define product royalty issues. The date is meaningless if the patent is never granted.
If I found a 'published' or 'granted' trading system through a patent search, there is nothing to keep me from using it for myself or learning from it. A patent, if granted, would have to be litigated successfully to make you some money. The defendant could at that time show many examples of trading system 'prior art' that would raise doubts on the unique value of the patent, even after it was awarded. (Look at TradingTechnologies patent squabbles for an example; but since a trading system is not hardware or software, defense may be more of a problem.)
If someone had a 'market edge' they might be well advised to keep it as a 'trade secret' and disclose it only to business partners under 'non-disclosure'. This is one reason why you find few trading systems with a patent search.
The above is only my opinion based on my experience, and I look forward to reading your patent details when it is published in 2 or 3 years!!!
You probably thought about this alot... Prof, was there a reason you took the patent approach instead of the 'trade secret' path for your trading system?
Thank you,