Patent It Yourself - PDF Archive

184 | Patent it YOURSELF
Write down the terms of the more unusual parts and,
if necessary, look them up in your prior-art patents,
textbooks, magazine articles (see Appendix 3, Glossary
of Useful Technical Terms), or a visual dictionary (see
Appendix 2, Resources: Government Publications, Patent
Websites, and Books of Use and Interest). In this way
you’ll be familiar with the term for every art and its precise
meaning. Also, note the way the drawings in these priorart
references are arranged and laid out. Pay particular
attention to what parts are done in detail and what parts
need be shown only very roughly or generally because they
are well known or are not essential to the invention.
If you see any prior-art patent whose specification
contains words, descriptions, and/or drawing figures that
you can use in your application, feel free to plagiarize!
Unless a patent states that it is covered by copyright (rare),
patents are not considered to be covered by copyright and
it’s considered perfectly legal and ethical to copy the text.
2. Review Your Disclosure
In Chapter 3, I strongly advised that you prepare a
description (with sketches) of your invention and have this
signed and witnessed, either in a laboratory notebook or
on a separate piece of paper, called an invention disclosure.
Review this now to be sure you have all of the details of
your invention drawn or sketched in understandable form
and that the description of your invention is complete. If
you haven’t done this yet, do it now, referring to Chapter 3
when necessary.
3. Ramifications
Write down all of the known ramifications (potentially
different uses, materials, sizes, and methods of operation)
and embodiments (other forms which the invention can
take). That is, record all other materials that will work
for each part of your invention, other possible uses your
invention can be put to, and other possible modifications
of your invention. Think of ways in which its size or shape
can be altered, parts (or steps in its manufacture) that can
be eliminated, and so on. If your invention is a process
or method, other ramifications and embodiments can be
different materials that your inventive process modifies,
variations of your process, and different environments in
which the process can be used.
The more ramifications and embodiments you can think
of, the broader your patent claims will be interpreted, and
the more you’ll be able to block others from obtaining
patents either on devices similar to your invention or on
improvements to it. Also, you’ll have something to fall back
on if your main or basic embodiment is “knocked out” by
prior art that your search didn’t uncover or that surfaced
after your search.
For instance, suppose your invention is a delaying device
that closes the lid of a potpourri box automatically a few
moments after the lid is opened. Another embodiment that
could make advantageous use of the delaying device might
be in a “roly-poly man” toy to make the man stand up again
automatically a few moments after he’s tipped over. If you
have a process or software-related invention on a process
for using a computer to categorize investments, alternative
embodiments might be the use of the process to categorize
inventory hardware or recipes.
Tip
Several Related Inventions. If you have two or
more related inventions, such as a car radio mount and a
housing for the same radio, you may show, describe, and
claim both in the same application. The examiner may allow
both inventions at once and you’ll save fees and effort.
However, you’re allowed only one invention per filing fee, so
the examiner may require you to restrict your application to
one invention (Chapter 13, Section M). If so, you can easily file
a divisional application (Chapter 14, Section D) on the other
inventions before the original application issues and still get
the benefit of your original application’s filing date. However,
each divisional application will require its own filing, issue, and
maintenance fees (a substantial expense). Also, your original
application and any divisionals you file will expire 20 years from
the filing date of your original application. Keep this in mind
and don’t file your divisionals long after your original filing date.
The advantage of filing a divisional later is that you postpone
the second filing fee a year or two, and you’ll avoid paying it
altogether if you find the invention hasn’t panned out and you
decide to drop it. (In any case, don’t include several inventions
on one application if they’re from different inventors or are not
related.)
4. Sources of Supply
Suppose your invention contemplates the use of an exotic
or uncommon material or component, or involves unusual
manufacturing steps. In this case you must obtain the
names and addresses of potential suppliers and/or identify
textbooks or other references outlining how one should
obtain or make such unusual elements or procedures.
Describe these unusual dimensions, materials, or
components in detail.