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258 | PATENT IT YOURSELF Fig. 10A—Draftsperson’s Drawing Objection Sheet Although the PTO form still refers to four sizes of paper, new rules only allow two sizes: 8½" x 11" and A4.
ChaPter 10 | FINALING and MAILING Your APPLICATION | 259 • Parts in section must be hatched. • Solid black is objectionable. • Figure legends are placed incorrectly (for example, inside figure or vertically when drawing is horizontal). • Drawing has mounted photographs. • Drawing contains extraneous matter. • Paper is undersized or oversized. • Margins are too small. • Lettering is too small. • Figures contain dimension lines. • The sheets contain wrinkles, tears, or folds. • Both sides of the sheet are used. • Margin lines have been used. • Sheets contain too many erasures. • Sheets contain broken lines to illustrate regular parts of the invention. • Sheets contain alterations, interlineations, or overwritings. • Sheets contain unclear representations. • Sheets contain freehand lines. • Sheets contain figures on separate sheets that can’t be assembled without concealing parts. • Sheets contain reference numerals that aren’t mentioned in the specification. • Sheets contain the same reference numeral to designate different parts. • Figures aren’t separately numbered. • Drawings contain dimensions. C. Doing Your Own Drawings Many inventors sensibly choose to prepare their own patent applications instead of hiring a patent attorney or agent to do it for them. However, these same inventors frequently conclude that preparing the drawings is beyond their ability and turn the job over to a professional draftsperson. This can be costly. The typical draftsperson charges $75 to $150 per sheet of patent drawings (each sheet may contain several figures or separate drawings). Since most patent applications have between two to ten sheets of drawings, an inventor can sometimes shell out up to $1,500 for drawings. Fortunately, patent drawings, like the application itself, are frequently susceptible to a self-help approach. To be sure, you’ll need to learn some PTO rules and a certain learning curve is involved. However, the result will not only save you a lot of money over many patent applications, but also: • You will be able to prepare promotional brochures for marketing your invention to prospective manufacturers or customers. • You will be able to render your invention more accurately than a hired professional, because you know your invention best. By doing your own drawings, you do not have to take the time to make someone else understand your invention, or have to send the drawings back and forth for corrections. • You will have the great satisfaction of properly completing the entire patent application by yourself— an impressive accomplishment for an inventor. How to Make <strong>Patent</strong> Drawings, also published by Nolo, provides detailed guidance on making the drawings yourself. There are two methods for making patent drawings: pen and ruler, and computer-aided drafting (CAD). (You may not use photos unless necessary to illustrate an invention that involves fine details.) You can file your application with either informal or formal drawings, as stated in Section A above. If you are submitting “informal” drawings, the copies need not be perfectly clean and neat, but if you choose the formal route, the copies must be very clean and neat, and all lines must be sharp and black. You don’t have to notify the PTO which type of drawing you’re filing; they’ll notify you if the drawings are inadequate. Full details about both U.S. and A4 sizes and the margin requirements are shown in the diagrams of Fig. 10B, below. (The typed specification sheets must have different margins—see Section E, below.) If you decide to use international-size drawings, you’ll find that some copiers now have A4 size paper and settings. If the copier does accommodate A4 paper, make copies on legal size sheets and trim them to A4 size (210 mm x 297 mm) (8 1 ⁄4" x 11 11 ⁄16"). To get the margins right, you’ll probably have to experiment a bit with the position of your original on the copier platen. (What’s the reason for the odd dimensions of the the A4 size? This international standard, used by most of the world except the United States, is based on the principle that the height-to-width or aspect ratio of all pages is the square root of two. If you cut or fold any A4 sheet parallel to its shorter side into two equal pieces, then the resulting page will have the same aspect ratio. This system enables paper to be cut and page dimensions to be matched more accurately. The odd dimensions of A4 paper occur because an A1 sheet is purposely made one square meter in area (841 x 1,189 mm with an aspect ratio of 1: ) so that after 4 bisecting cuts as above, the pieces each become 210 x 297 mm.) Even if you file informal drawings, you must include everything necessary in your drawings, since you won’t be able to add any “new matter” (any new technical information that is not present in your original sketches) after you file. Be sure to study the drawings of the patents uncovered in your patentability search (Chapter 6) to get an idea of what’s customarily done for your type of invention, and to better understand the PTO rules.
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N O LO ® “The best roll-up-your-
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Products & Services Books & Softwar
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15th edition Patent It Yourself You
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Acknowledgments My deep thanks go t
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2 3 4 The Science and Magic of Inve
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8 9 E. Make and Sell Your Invention
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13 14 J. The Patent Laws of Other C
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Appendixes 1 2 Abbreviations Used i
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Your Legal Companion A. You Don’t
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Your Legal COMPANION | 3 D. Should
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C H A P T E R 4 Will Your Invention
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C H A P T E R 7 What Should I Do Ne
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Fig. 7A—Invention Decision Chart
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482 | Patent it YOURSELF A. Patent
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A p p e n d i x 6 Quick-Reference T
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Nondisclosure Agreement 1. Parties.
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Invention Disclosure Sheet of Inven
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Form 3-4: Application Data Sheet—
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Positive and Negative Factors Evalu
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Consultant’s Work Agreement 1. Pa
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Searcher’s Worksheet Sheet of Inv
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Form 10-1A: Declaration for Utility
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In the United States Patent and Tra
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Design Patent Application—Preambl
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Joint Applicants—Statement of Res
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they may do so with the written con
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Form 16-4: Recordation Form Cover S
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Universal License Agreement 1. Part
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whether or not any royalty payment
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compensation it recovers for any su
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A p p e n d i x 8 Forms Available a
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Index A “A,” correct use of, 20
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INDex | 577 Biotechnology patents e
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Bestsellers The Small Business Star
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Online Legal Forms Nolo offers a la
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Keep Up to Date 1 Go to Nolo.com/ne
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About the Author David Pressman is
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