Patent It Yourself

by Attorney David Pressman

Pages: 592

eBook: (PDF 13.2 MB)

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Summary

The world's bestselling guide to patenting your creation!

Have a world-class idea? Ready to protect your invention from copycats? Then turn to the best resource available -- Patent It Yourself.

Attorney David Pressman takes you through the entire patent process, providing scrupulously updated information and clear instructions to help you:

determine if you can patent your invention
understand patent law
evaluate the commercial potential of your idea
perform your own patent search
file a provisional patent application
prepare a formal patent application
respond to patent examiners
amend an application
enforce and maintain your patent
market and license your invention
and much more

Thoroughly updated, the 12th edition provides the latest U.S. Patent and Trademark Office rules and forms. It also covers how to file a patent electronically with the USPTO, and how to write your patent application in a manner that doesn't "limit" your patent.

Whether you're new at the inventing game or a grizzled veteran, Patent It Yourself will save you grief, time and money.

Press Reviews

"It is the most definitive, complete and current do-it-yourself patent book ever written and it is written in easy-to-understand laymen's terms."

About.com

"Every step of the patent process is presented in order in this gem of a book, complete with official forms..."
San Francisco Chronicle

"Entertaining and simple prose makes even the most arcane patent office procedures and policies understandable."
Science News

"This clearly written guide will help minimize legal fees by preparing you to do what you can for yourself..."
Mike Maza,
Dallas Morning News

"The book presents complicated procedures in easily digested chunks, with anecdotes, forms and plenty of old-fashioned good advice."
The Denver Post

"A masterwork of instructions on creating a successful patent application, with all the necessary forms and the latest Patent Office rules."
Joyce Lain Kennedy,
Syndicated Columnist

"Easy to understand and can save thousands of dollars by writing your own patent application, or by writing much of it..."
Jack Lander,
The Inventor's Bookstore

"The best roll-up-your-sleeves guide for filers who don't want to pay a ransom."
Inc.

"The most complete and authoritative work on patents and inventions for laypersons..."
InventNet

"Contains all necessary forms and instructions plus advice on marketing your invention."
Money Magazine

"Patent It Yourself is a top-notch reference for patent and trademark information."
San Francisco Examiner

"Will help you navigate the complexities of filing a patent."
Self-Employed America

I. Introduction

What Patent It Yourself Does
You Don't Have to Use a Patent Attorney
A Layperson Can Do a Quality Job
Using an Attorney
Should You Do It Yourself?
New Material in the Twelve Edition
How to Use Patent It Yourself

1. Introduction to Patents and Other Intellectual Property

A. What Is a Patent and Who Can Apply for It?
B. The Three Types of Patents
C. The Novelty and Unobviousness Requirement
D. How Long Do Patent Rights Last?
E. Patent Filing Deadlines
F. Patent Fees
G. The Scope of the Patent
H. How Patent Rights Can Be Lost
I. What Rights a Patent Grants and the Prior-Art Reference Value of a Patent
J. What Can't Be Patented
K. Some Common Patent Misconceptions
L. How Intellectual Property Law Provides "Offensive Rights" (and Not Protection) to Inventors
M. Alternative and Supplementary Offensive Rights
N. Intellectual Property--The Big Picture
O. Trademarks
P. Copyright
Q. Trade Secrets
R. Unfair Competition
S. Acquisition of Offensive Rights in Intellectual Property--Summary Chart
T. Summary of Legal Remedies for Misappropriation of Various Types of Intellectual Property
U. Invention Exploitation Flowchart
V. Summary

2. The Science and Magic of Inventing

A. What I Mean by "Invention"
B. Inventing by Problem Recognition and Solution
C. Inventing by Magic (Accident and Flash of Genius)
D. Making Ramifications and Improvements of Your Invention
E. Solving Creativity Problems
F. Contact Other Inventors
G. Beware of the Novice Inventor's "PGL Syndrome"
H. Don't Bury Your Invention
I. Summary

3. Documentation, the DDP, and the PPA

A. Introduction
B. Documents Are Vital to the Invention Process
C. Documentation Is Vital to Prove Inventorship
D. Trade Secret Considerations
E. Record Conception and the Building and Testing of Your Invention
F. How to Record Your Invention
G. Another Way to Record Conception or Building and Testing - The Invention Disclosure
H. The Disclosure Document Program (DDP) - Or How to Make the PTO Your Witness to Conception
I. The Provisional Patent Application - A Substitute for Building and Testing, With Some Disadvantages
J. Don't Sit on Your Invention After Documenting It
K. Don't Use a "Post Office Patent" to Document Your Invention
L. Summary

4. Will Your Invention Sell?

A. Why Evaluate Your Invention for Salability?
B. Start Small but Ultimately Do It Completely
C. You Can't Be 100% Sure of Any Invention's Commercial Prospects
D. Take Time to Do a Commercial Feasibility Evaluation
E. Check Your Marketability Conclusions Using the Techniques of Consultation and Research
F. Now's the Time to Build and Test It (If Possible)
G. The Next Step
H. Summary

5. Is It Patentable?

A. Patentability Compared to Commercial Viability
B. Legal Requirements for a Utility Patent
C. Requirement #1: The Statutory Classes
D. Requirement #2: Utility
E. Requirement #3: Novelty
F. Requirement #4: Unobviousness
G. The Patentability Flowchart
H. Summary

6. Search and You May Find

A. Why Make a Patentability Search?
B. When Not to Search
C. The Two Ways to Make a Patentability Search
D. How to Make a Preliminary Search
E. The Quality of a Patent Search Can Vary
F. How to Hire a Patent Professional
G. How to Prepare Your Searcher
H. Analyzing the Search Report
I. Do-It-Yourself Searching in the PTO
J. The Scope of Patent Coverage
K. Searching Paper Patents in a Patent and Trademark Depository Library
L. Computer Searching
M. Problems Searching Software and Business Inventions
N. PTO Searches on the Internet
O. MicroPatent Patent Searches on the Internet
P. Summary

7. What Should I Do Next?

A. Drop It If You Don't See Commercial Potential (Chart Route 10-12-14-X)
B. Try to Sell Invention to Manufacturer Without "Regular" Patent Application (Chart Route 10-12-14-16-18-B)
C. File an Application and Sell It to or License a Manufacturer If You See Commercial Potential and Patentability (Chart Route 14-16-18-20-22-A)
D. If You Have Commercial Potential Without Patentability, License or Sell Your Invention to a Manufacturer Without Filing (Chart Route 16-24-26-28-30-B)
E. Make and Sell Your Invention Yourself Without a Utility Patent Application (Chart Route 16-30-C)
F. Manufacture and Distribute Your Invention Yourself, Keeping It as a Trade Secret (Chart Route 20-32-34-D)
G. File Patent Application and Manufacture and Distribute Your Invention Yourself (Trade-Secretable Invention) (Chart Route 20-32-34-36-E)
H. File Patent Application and Manufacture and Distribute Invention Yourself (Non-Trade-Secretable Invention) (Chart Route 20-32-38-36-E)
I. Test Market Before Filing (Chart Route 20-32-38-40-F)
J. Summary

8. How to Draft the Specification and Initial Drawings

A. Lay Inventors Can Do It!
B. What's Contained in a Patent Application
C. What Happens When Your Application Is Received by the PTO
D. Do Preliminary Work Before Preparing Your Patent Application
E. Flowchart
F. Writing Your Patent Specification to Comply With the Full Disclosure Rules
G. Software, Computer-Related Inventions, and Business Methods
H. First Prepare Sketches and Name Parts
I. Drafting the Specification
J. Review Your Specification and Abstract Carefully
K. Checklist for Your Patent Application Draft
L. Specification of Sample Patent Application
M. Summary

9. Now for the Legalese -- The Claims

A. What Are Claims?
B. The Law Regarding Claims
C. Some Sample Claims
D. Common Misconceptions Regarding Claims
E. One Claim Should Be as Broad as Possible
F. The Effect of Prior Art on Your Claim
G. Technical Requirements of Claims
H. Drafting Your Main (Independent) Claim
I. Other Techniques in Claim Writing
J. Drafting Dependent Claims
K. Drafting Additional Sets of Claims
L. Checklist for Drafting Claims
M. Summary

10. Finaling and Mailing Your Application

A. The Drawing Choices
B. PTO Rules for Drawings
C. Doing Your Own Drawings
D. Consider Using a Professional Patent Draftsperson
E. Finaling Your Specification, Claims, and Abstract
F. Name All True Inventors and Only True Inventors
G. The Essential and Optional Parts of Your Application
H. Completing the Patent Application Declaration
I. Complete the Transmittal Letter and Fee Transmittal, Payment, and Postcard
J. Maintain an Orderly File
K. Assembly and Mailing of Your Application--Final Checklist
L. Using Express Mail to Get an Instant Filing Date
M. Receipt That Application Was Received in PTO
N. File the Information Disclosure Statement Within Three Months
O. Assignments
P. Petitions to Make Special
Q. Filing a Design Patent Application
R. Filing Via The PTO's EFS-Web System
S. Summary

11. How to Market Your Invention

A. Perseverance and Patience Are Essential
B. Overview of Alternative Ways to Profit From Your Invention
C. Be Ready to Demonstrate a Working Model of Your Invention to Potential Customers
D. Finding Prospective Manufacturers/Distributors
E. The "NIH" Syndrome
F. The Waiver and Precautions in Signing It
G. The Best Way to Present Your Invention to a Manufacturer
H. Presenting Your Invention by Correspondence
I. Making an Agreement to Sell Your Invention
J. Manufacturing and/or Distributing the Invention Yourself
K. Summary

12. Going Abroad

A. Introduction
B. The Paris Convention and the One-Year Foreign Filing Rule
C. Other Priority Treaties Similar to the Paris Convention
D. European Patent Office/Europäisches Patentamt/Office européen des brevets (EPO)
E. The Patent Cooperation Treaty (PCT)
F. Non-Convention Countries
G. Never Wait Until the End of Any Filing Period
H. The Early Foreign Filing License or Mandatory Six-Month Delay
I. Don't File Abroad Unless Your Invention Has Very Good Prospects in Another Country
J. The Patent Laws of Other Countries Are Different
K. The Ways to File Abroad
L. Rescind Any Nonpublication Request
M. Resources to Assist in Foreign Filing
N. Summary

13. Getting the PTO to Deliver

A. What Happens After Your Patent Application Is Filed
B. General Considerations During Patent Prosecution
C. A Sample Office Action
D. What to Do When You Receive an Office Action
E. Format for Amending the Specification and Claims
F. Drafting the Remarks
G. Drawing Amendments
H. Typing and Faxing the Amendment
I. If Your Application Is Allowable
J. If Your First Amendment Doesn't Result in Allowance
K. Interferences
L. Statutory Invention Registration (SIR)
M. If Your Application Claims More Than One Invention
N. The Public May Cite Additional Prior Art Against Your Published Patent Application
O. NASA Declarations
P. Design Patent Application Prosecution
Q. What to Do If You Miss or Want to Extend a PTO Deadline
R. Summary

14. Your Application Can Have Children

A. Available Extension Cases
B. Continuation Applications
C. Request for Continued Examination (RCE)
D. Divisional Applications
E. Continuation-in-Part and Independent Applications
F. Reissue Applications
G. Statutory Invention Registration (SIR) and Defensive Publications
H. Substitute Applications
I. Double Patenting and Terminal Disclaimers
J. Summary

15. After Your Patent Issues: Use, Maintenance, and Infringement

A. Issue Notification
B. Press Release
C. Check Your Patent for Errors
D. Patent Number Marking
E. Advertising Your Patent for Sale
F. What Rights Does Your Patent Give You?
G. Be Wary of Offers to Provide Information About Your Patent
H. Maintenance Fees
I. Legal Options If You Discover an Infringement of Your Patent
J. What to Do About Patent Infringement
K. Product Clearance (Can I Legally Copy or Make That?)
L. Citing Prior Art Against Patent Applications and Patents
M. The Court of Appeals for the Federal Circuit (CAFC)
N. Using the Reexamination Process to Reduce the Expense of Patent Infringement Suits
O. Jury Trials
P. Arbitration
Q. How Patent Rights Can Be Forfeited
R. Your Patent Is Subject to Interference for One Year
S. Tax Deductions and Income
T. Patent Litigation Financing
U. Summary

16. Ownership, Assignment, and Licensing of Inventions

A. The Property Nature of Patents
B. Who Can Apply for a Patent?
C. Joint Owners' Agreement
D. Special Issues Faced by the Employed Inventor
E. Assignment of Invention and Patent Rights
F. Record Your Assignment With the PTO
G. Licensing of Inventions--An Overview
H. Universal License Agreement
I. How Much Should You Get for Your Invention?
J. Summary

Appendix 1: Abbreviations Used in Patent It Yourself

Appendix 2: Resources: Government Publications, Patent Websites, and Books of Use and Interest