Patent It Yourself - PDF Archive

More documents

Recommendations

Info

$C:\Documents and Settings\dave\Desktop\Godel, Escher, Bach ...$

138 | Patent it YOURSELF Fig. 6E—Patentability Flowchart
ChaPter 6 | SEARCH and you may FIND | 139 patent. Put differently, a very weak patent and $5 will get you a cable car ride in San Francisco. So in addition to reaching a decision on patentability, you should also walk the extra mile to determine whether your patent is likely to be of broad enough scope to make it economically worthwhile. I tell you how to do this in Section J of this chapter. Note that we have done our own patentability evaluation— the four-part list, above—and that the search report of Fig. 6C didn’t include an opinion on patentability. There are several reasons for this. First, if your searcher is a layperson (not a patent attorney or agent), the searcher is not licensed to give opinions on patentability since this constitutes the practice of law. Second, even if your searcher is an attorney or agent, the searcher usually won’t provide an opinion on patentability because most searchers are used to working for other patent attorneys who like to form their own opinions on patentability for their clients. Third, if the searcher’s opinion on patentability is negative, a negative written opinion might be damaging to your case if you do get a patent, sue to enforce it, and the opinion is used as evidence that your patent is invalid. This would occur, for example, if your court adversary (the defendant infringer) obtains a copy of the opinion by pretrial discovery (depositions and interrogatories), shows it to the judge, and argues that since your own search came up with a negative result, this militates against the validity of your patent. However, a negative written opinion can be “worked” in court—that is, distinguished, explained, rebutted, etc.—so if you want the searcher’s opinion on patentability in addition to the search, most patent attorney/ agent searchers will be glad to give it to you without extra charge, or for a slight additional cost of probably not more than $300 to $600. Fourth, armed with the knowledge you’ve gained from Chapter 5, you should be able to form your own opinion on patentability by now; the exercise will be fun, educational, and insightful to your invention. Fifth, note that there’s no certainty in the law. No one can ever say for certain that you’ll be able to get a patent before you get it since no search can cover pending patent applications, and human responses (how your examiner will react) are very unpredictable. So take any prediction with a grain of salt. In any case, don’t hesitate to ask any questions about the searcher’s practices in advance, and be sure to specify exactly what you want in your search. It’s your money and you’re entitled to buy or contract for whatever services you desire. As Elihu Root said, “About half the practice of a decent lawyer consists in telling would-be clients that they are damned fools and should stop.” H. Computer Searching Although computer searching is improving, you should do both types of computer searches (Keyword and Classification) to supplement each other because each has some deficiencies. If you do a Classification search you may use the wrong classification and if you do a Keyword search you may not search with the same keywords as the patent attorneys who wrote the relevant patents. Also, patents in some computer search databases usually go back to only 1976. This is not a problem for most high-tech inventions where there is no need to search prior to 1971. Despite the drawbacks noted, computer searching does have some advantages (more secure database, less fatigue, faster searching, etc.) that make it uniquely useful. All computer search systems now show the drawings of prior patents and incorporate the PTO classification system. As stated, most of them can do Keyword or Classification searches. Keyword searches can be done for combinations of keywords in the texts—specification, claims, abstract, or title—of prior patents. Such combinations are known as “Boolean” searches after George Boole, who invented the type of logic used for combinatory searches. For example, suppose you’ve invented the bike with a frame made of a certain carbon-fiber alloy. To make a computer Keyword or Boolean search, you select a combination of keywords to describe your invention, e.g., “bicycle” and “carbon fiber alloy.” The computer will look through its data bank for any patent that contains all of these words. When it finds any patents that contain your keywords in the combination you specified in your search request, it will kick out these patents, regardless of their classifications. If the computer reports too much data for you to conveniently examine—say it’s found 200 patents with your words in combination—you should first look at one or two of the patents (the computer will show you the relevant text) to see if your invention is shown in an earlier patent (that is—your invention has been “knocked out”). If so, your search is over. If not, you’ll need to narrow your search. This is easy. Simply add one or more additional keywords, say “frame,” or some details of the alloy, and redo the search with these increased keywords until you’ve few enough patents to manually review conveniently. Also, you can narrow the search by using narrower (more specific) keywords.
Page 1 and 2:
N O LO ® “The best roll-up-your-
Page 3 and 4:
Products & Services Books & Softwar
Page 5 and 6:
15th edition Patent It Yourself You
Page 7:
Acknowledgments My deep thanks go t
Page 10 and 11:
2 3 4 The Science and Magic of Inve
Page 12 and 13:
8 9 E. Make and Sell Your Invention
Page 14 and 15:
13 14 J. The Patent Laws of Other C
Page 16 and 17:
Appendixes 1 2 Abbreviations Used i
Page 19 and 20:
Your Legal Companion A. You Don’t
Page 21 and 22:
Your Legal COMPANION | 3 D. Should
Page 23:
Your Legal COMPANION | 5 E. New Mat
Page 26 and 27:
8 | Patent it YOURSELF 3. Advantage
Page 28 and 29:
10 | Patent it YOURSELF • Utility
Page 30 and 31:
12 | Patent it YOURSELF Sidebar hea
Page 32 and 33:
14 | Patent it YOURSELF pay a Utili
Page 34 and 35:
16 | Patent it YOURSELF • ornamen
Page 36 and 37:
18 | Patent it YOURSELF Having cove
Page 38 and 39:
20 | Patent it YOURSELF contest and
Page 40 and 41:
22 | Patent it YOURSELF the holder
Page 42 and 43:
24 | Patent it YOURSELF latter will
Page 44 and 45:
26 | Patent it YOURSELF household w
Page 46 and 47:
28 | Patent it YOURSELF actions. In
Page 48 and 49:
30 | Patent it YOURSELF If Your Cre
Page 50 and 51:
32 | Patent it YOURSELF Learn Areas
Page 52 and 53:
34 | PATENT IT YOURSELF Inventor’
Page 54 and 55:
36 | Patent it YOURSELF 7. Xerograp
Page 56 and 57:
38 | Patent it YOURSELF which later
Page 58 and 59:
40 | Patent it YOURSELF you learn t
Page 60 and 61:
42 | Patent it YOURSELF you can and
Page 62 and 63:
44 | Patent it YOURSELF 1. What a P
Page 64 and 65:
46 | Patent it YOURSELF idea, and n
Page 66 and 67:
48 | Patent it YOURSELF E. Record C
Page 68 and 69:
50 | Patent it YOURSELF Fisher Scie
Page 70 and 71:
52 | PATENT IT YOURSELF TITLE: Self
Page 72 and 73:
54 | Patent it YOURSELF be as impar
Page 74 and 75:
56 | Patent it YOURSELF results obt
Page 76 and 77:
58 | Patent it YOURSELF invention a
Page 78 and 79:
60 | Patent it YOURSELF 3. You may
Page 80 and 81:
62 | PATENT IT YOURSELF Provisional
Page 82 and 83:
64 | PATENT IT YOURSELF Fig. 3D—P
Page 84 and 85:
66 | PATENT IT YOURSELF 2 Both wrap
Page 86 and 87:
68 | PATENT IT YOURSELF 4 following
Page 88 and 89:
70 | PATENT IT YOURSELF 6 OPERATION
Page 90 and 91:
72 | Patent it YOURSELF In keeping
Page 92 and 93:
74 | Patent it YOURSELF time, call
Page 94 and 95:
76 | Patent it YOURSELF PPA Checkli
Page 97 and 98:
C H A P T E R 4 Will Your Invention
Page 99 and 100:
ChaPter 4 | Will Your INVENTION SEL
Page 101 and 102:
Page 103 and 104:
Page 105 and 106: ChaPter 4 | Will Your INVENTION SEL
Page 107 and 108: ChaPter 4 | Will Your INVENTION SEL
Page 109: ChaPter 4 | Will Your INVENTION SEL
Page 112 and 113: 94 | PATENT IT YOURSELF Design and
Page 114 and 115: 96 | Patent it YOURSELF As Fig. 5A
Page 116 and 117: 98 | Patent it YOURSELF b. Software
Page 118 and 119: 100 | Patent it YOURSELF molecules
Page 120 and 121: 102 | Patent it YOURSELF This raise
Page 122 and 123: 104 | Patent it YOURSELF d. Specifi
Page 124 and 125: 106 | Patent it YOURSELF e. Summary
Page 126 and 127: 108 | Patent it YOURSELF 35 USC 103
Page 128 and 129: 110 | Patent it YOURSELF continuous
Page 130 and 131: 112 | Patent it YOURSELF neverthele
Page 132 and 133: 114 | Patent it YOURSELF Fig. 5C—
Page 134 and 135: 116 | Patent it YOURSELF Factor 20.
Page 136 and 137: 118 | Patent it YOURSELF you’ll s
Page 138 and 139: 120 | Patent it YOURSELF I. Do-It-Y
Page 140 and 141: 122 | Patent it YOURSELF 6. To Obta
Page 142 and 143: 124 | Patent it YOURSELF access to
Page 144 and 145: 126 | Patent it YOURSELF cannot han
Page 146 and 147: 128 | PATENT IT YOURSELF Millie Inv
Page 148 and 149: 130 | PATENT IT YOURSELF Fig. 6B(b)
Page 150 and 151: 132 | PATENT IT YOURSELF SAMUEL SEA
Page 152 and 153: 134 | PATENT IT YOURSELF Fig. 6D(b)
Page 154 and 155: 136 | PATENT IT YOURSELF Fig. 6D(d)
Page 158 and 159: 140 | Patent it YOURSELF If you get
Page 160 and 161: 142 | Patent it YOURSELF card symbo
Page 162 and 163: 144 | Patent it YOURSELF security o
Page 164 and 165: 146 | PATENT IT YOURSELF Searcher
Page 166 and 167: 148 | Patent it YOURSELF searched o
Page 168 and 169: 150 | PATENT IT YOURSELF Fig. 6J—
Page 170 and 171: 152 | Patent it YOURSELF Anticipati
Page 172 and 173: 154 | Patent it YOURSELF These site
Page 174 and 175: 156 | Patent it YOURSELF After you
Page 176 and 177: 158 | Patent it YOURSELF Reference
Page 178 and 179: 160 | PATENT IT YOURSELF Fig. 6L—
Page 180 and 181: 162 | Patent it YOURSELF “fibergl
Page 182 and 183: 164 | Patent it YOURSELF Fig. 6Q—
Page 184 and 185: 166 | Patent it YOURSELF 5. Importa
Page 187 and 188: C H A P T E R 7 What Should I Do Ne
Page 189 and 190: Fig. 7A—Invention Decision Chart
Page 191 and 192: ChaPter 7 | What SHOULD I do Next?
Page 197 and 198: How to Draft the Specification and
Page 199 and 200: ChaPter 8 | How to DRAFT the SPECIF
Page 207 and 208:
ChaPter 8 | How to DRAFT the SPECIF
Page 209 and 210:
Page 211 and 212:
Page 213 and 214:
Page 215 and 216:
ChAPtER 8 | HOW TO DRAFT THE SPECIF
Page 217 and 218:
Page 219 and 220:
Page 221 and 222:
Page 223 and 224:
Page 225 and 226:
Page 227 and 228:
Page 229 and 230:
Page 231 and 232:
Page 233 and 234:
Page 235 and 236:
Page 237 and 238:
Page 239 and 240:
Page 241 and 242:
C H A P T E R 9 Now for the Legales
Page 243 and 244:
ChAPtER 9 | NOW FOR THE LEGALESE—
Page 245 and 246:
ChaPter 9 | Now for the LEGALESE—
Page 247 and 248:
Page 249 and 250:
Page 251 and 252:
Page 253 and 254:
Page 255 and 256:
Page 257 and 258:
Page 259 and 260:
Page 261 and 262:
Page 263 and 264:
Page 265 and 266:
Page 267 and 268:
Page 269 and 270:
Page 271 and 272:
ChAPtER 9 | NOW FOR THE LEGALESE—
Page 273 and 274:
Finaling and Mailing Your Applicati
Page 275 and 276:
ChaPter 10 | FINALING and MAILING Y
Page 277 and 278:
Page 279 and 280:
Page 281 and 282:
Page 283 and 284:
ChAPtER 10 | FINALING AND MAILING Y
Page 285 and 286:
Page 287 and 288:
Page 289 and 290:
Page 291 and 292:
Page 293 and 294:
Page 295 and 296:
Page 297 and 298:
Page 299 and 300:
Page 301 and 302:
Page 303 and 304:
Page 305 and 306:
Page 307 and 308:
Page 309 and 310:
Page 311 and 312:
Page 313 and 314:
Page 315 and 316:
Page 317 and 318:
Page 319:
Page 322 and 323:
304 | PATENT IT YOURSELF Inventor
Page 324 and 325:
306 | Patent it YOURSELF B. Overvie
Page 326 and 327:
308 | Patent it YOURSELF sent to th
Page 328 and 329:
310 | Patent it YOURSELF manufactur
Page 330 and 331:
312 | PATENT IT YOURSELF your inven
Page 332 and 333:
314 | Patent it YOURSELF of interes
Page 334 and 335:
316 | Patent it YOURSELF won’t be
Page 337 and 338:
C H A P T E R 12 Going Abroad A. In
Page 339 and 340:
ChaPter 12 | Going ABROAD | 321 and
Page 341 and 342:
ChaPter 12 | Going ABROAD | 323 Mem
Page 343 and 344:
ChaPter 12 | Going ABROAD | 325 sho
Page 345 and 346:
Fig. 12B—Foreign Filing Routes (A
Page 347 and 348:
ChaPter 12 | Going ABROAD | 329 abl
Page 349 and 350:
ChaPter 12 | Going ABROAD | 331 3.
Page 351:
ChaPter 12 | Going ABROAD | 333 The
Page 354 and 355:
336 | Patent it YOURSELF 21. Reread
Page 356 and 357:
Page 358 and 359:
340 | Patent it YOURSELF (Chapter 1
Page 360 and 361:
342 | Patent it YOURSELF what’s r
Page 362 and 363:
344 | Patent it YOURSELF your claim
Page 364 and 365:
346 | Patent it YOURSELF to get a d
Page 366 and 367:
348 | Patent it YOURSELF chose may
Page 368 and 369:
350 | Patent it YOURSELF excessive
Page 370 and 371:
352 | PATENT IT YOURSELF Fig. 13A/1
Page 372 and 373:
354 | PATENT IT YOURSELF 4-1-20xx F
Page 374 and 375:
356 | Patent it YOURSELF Under “P
Page 376 and 377:
358 | Patent it YOURSELF instructio
Page 378 and 379:
360 | Patent it YOURSELF Fig. 13C
Page 380 and 381:
362 | Patent it YOURSELF Part I—G
Page 382 and 383:
364 | Patent it YOURSELF Here are s
Page 384 and 385:
366 | PATENT IT YOURSELF Provide 1"
Page 386 and 387:
368 | PATENT IT YOURSELF Appn. Numb
Page 388 and 389:
Page 390 and 391:
Page 392 and 393:
Page 394 and 395:
Page 396 and 397:
Page 398 and 399:
380 | PATENT IT YOURSELF prior art
Page 400 and 401:
382 | Patent it YOURSELF indicating
Page 402 and 403:
384 | Patent it YOURSELF Moreover,
Page 404 and 405:
386 | Patent it YOURSELF copy of th
Page 406 and 407:
388 | Patent it YOURSELF Checklist
Page 408 and 409:
390 | Patent it YOURSELF Checklist
Page 410 and 411:
392 | Patent it YOURSELF 4. Appeal
Page 412 and 413:
394 | Patent it YOURSELF 7. Abandon
Page 414 and 415:
396 | Patent it YOURSELF If your ap
Page 416 and 417:
398 | Patent it YOURSELF 3. Petitio
Page 418 and 419:
Page 420 and 421:
402 | Patent it YOURSELF • Indepe
Page 422 and 423:
404 | Patent it YOURSELF make sure
Page 424 and 425:
406 | Patent it YOURSELF 2. You can
Page 426 and 427:
408 | Patent it YOURSELF file a ter
Page 428 and 429:
410 | Patent it YOURSELF (Rules 130
Page 430 and 431:
412 | Patent it YOURSELF O. Jury Tr
Page 432 and 433:
414 | Patent it YOURSELF be of a cl
Page 434 and 435:
416 | Patent it YOURSELF 3. If your
Page 436 and 437:
418 | Patent it YOURSELF Definitely
Page 438 and 439:
420 | Patent it YOURSELF year. Fill
Page 440 and 441:
422 | Patent it YOURSELF C, and the
Page 442 and 443:
424 | Patent it YOURSELF if the def
Page 444 and 445:
426 | Patent it YOURSELF Patent Tro
Page 446 and 447:
428 | Patent it YOURSELF If you can
Page 448 and 449:
430 | Patent it YOURSELF explanatio
Page 450 and 451:
432 | Patent it YOURSELF in Markman
Page 452 and 453:
434 | Patent it YOURSELF • Americ
Page 454 and 455:
Page 456 and 457:
438 | Patent it YOURSELF performed
Page 458 and 459:
440 | Patent it YOURSELF the employ
Page 460 and 461:
442 | PATENT IT YOURSELF Assignment
Page 462 and 463:
444 | Patent it YOURSELF H. Univers
Page 464 and 465:
446 | Patent it YOURSELF U.S., and
Page 466 and 467:
448 | Patent it YOURSELF Lump Sum P
Page 468 and 469:
450 | Patent it YOURSELF applicatio
Page 470 and 471:
452 | Patent it YOURSELF MAR Minimu
Page 472 and 473:
454 | Patent it YOURSELF It has bee
Page 474 and 475:
456 | Patent it YOURSELF Patents.co
Page 476 and 477:
458 | Patent it YOURSELF directorie
Page 478 and 479:
460 | Patent it YOURSELF Section A
Page 480 and 481:
462 | Patent it YOURSELF tittle (a
Page 482 and 483:
464 | Patent it YOURSELF square sta
Page 484 and 485:
466 | Patent it YOURSELF B. Glossar
Page 486 and 487:
468 | Patent it YOURSELF first sale
Page 488 and 489:
470 | Patent it YOURSELF Provisiona
Page 491 and 492:
A p p e n d i x 4 Fee Schedule CAUT
Page 493 and 494:
Appendix 4 | Fee SCHEDULE | 475 37
Page 495 and 496:
Page 497:
Page 500 and 501:
482 | Patent it YOURSELF A. Patent
Page 503 and 504:
A p p e n d i x 6 Quick-Reference T
Page 505 and 506:
A P P E N D I X 7 Tear-Out Forms No
Page 507 and 508:
Nondisclosure Agreement 1. Parties.
Page 509:
Invention Disclosure Sheet of Inven
Page 513 and 514:
Form 3-4: Application Data Sheet—
Page 515 and 516:
Form 3-4: Application Data Sheet—
Page 517:
Positive and Negative Factors Evalu
Page 521 and 522:
Consultant’s Work Agreement 1. Pa
Page 523:
Searcher’s Worksheet Sheet of Inv
Page 527 and 528:
Form 10-1A: Declaration for Utility
Page 529:
Form 10-1A: Declaration for Utility
Page 533:
Form 10-2: Utility Patent Applicati
Page 537:
Form 10-4: Credit Card Payment Form
Page 541:
In the United States Patent and Tra
Page 544 and 545:
Form 10-6B: Information Disclosure
Page 547:
Page 551:
Design Patent Application—Preambl
Page 555:
Form 10-12: Request for Expedited E
Page 559:
Page 563:
Form 13-4: Petition for Extension o
Page 567 and 568:
Form 14-1: Request for Continued Ex
Page 569:
Page 573:
Maintenance Fee Reminder Next fee d
Page 577:
Joint Applicants—Statement of Res
Page 580 and 581:
they may do so with the written con
Page 583 and 584:
Form 16-4: Recordation Form Cover S
Page 585 and 586:
Universal License Agreement 1. Part
Page 587 and 588:
whether or not any royalty payment
Page 589 and 590:
compensation it recovers for any su
Page 591 and 592:
A p p e n d i x 8 Forms Available a
Page 593 and 594:
Index A “A,” correct use of, 20
Page 595 and 596:
INDex | 577 Biotechnology patents e
Page 597 and 598:
INDex | 579 Classification searches
Page 599 and 600:
INDex | 581 format of, 247, 249 ind
Page 601 and 602:
INDex | 583 including all possible,
Page 603 and 604:
INDex | 585 in specification, 198,
Page 605 and 606:
INDex | 587 exploitation of flowcha
Page 607 and 608:
INDex | 589 designs as, 298 sketche
Page 609 and 610:
INDex | 591 official date of, 351 P
Page 611 and 612:
INDex | 593 paragraph numbers in, 2
Page 613 and 614:
INDex | 595 digital, for use in CAD
Page 615 and 616:
INDex | 597 press release, 413 See
Page 617 and 618:
INDex | 599 slash-sandwiched, 72, 4
Page 619 and 620:
INDex | 601 in notebook, 50, 51, 53
Page 621 and 622:
Bestsellers The Small Business Star
Page 623 and 624:
Online Legal Forms Nolo offers a la
Page 625 and 626:
Keep Up to Date 1 Go to Nolo.com/ne
Page 627:
About the Author David Pressman is
show all

Patent It Yourself - PDF Archive

Create successful ePaper yourself

Delete template?

Save as template?