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294 | PATENT IT YOURSELF 230 3 Clothes Hanger None None Fig. 1 is a front, elevational view of my new clothes hanger Fig. 2 is a left-side view of the clothes hanger Fig. 3 is a perspective view of the clothes hanger Fig. 4 is a rear view of the clothes hanger. Clothes hanger 11 Sept 8 Fig. 10S—Completed Design <strong>Patent</strong> Application (Form 10-10 in Appendix 7) *Use latest fees—see Appendix 4, Fee Schedule.
ChaPter 10 | FINALING and MAILING Your APPLICATION | 295 • Manufacturer Available: A manufacturer is available—that is, a person or company exists that will manufacture the invention provided the patent application is allowed or a patent issues. • Infringement Exists: Someone is making, using, or selling the invention covered by the patent application and you need a patent to sue the infringer or get the infringer to pay you royalties. • Environmental Quality Will Be Enhanced: Your invention conserves natural resources and/or keeps the air, water, or landscape pristine. • Energy Savings Will Result: The invention provides a way to use energy more efficiently, thereby conserving natural resources. • Recombinant DNA Is Involved: Public policy favors the full and rapid exploitation of recombinant deoxyribonucleic acid. • Superconductivity Is Advanced: Public policy favors the exploitation of this phenomenon. • Relates to HIV/AIDS or Cancer: Self-explanatory. • Counters Terrorism: You have a counterterrorism invention, such as an explosive detector, an aircraft security system, or a vehicle barrier or disabler. • Biotechnology Will Be Advanced by a Small Entity: You can get a case made special if you’re (a) a small entity, (b) your invention relates to biotechnology, (c) your invention is a major asset owned by you or the assignee of the application, and (d) the development of biotechnology will be significantly impaired if examination of the application is delayed. • Search Was Made: If you’ve made a search and submitted an Information Disclosure Statement— as you’re supposed to do anyway (see Section G above)—you can get the case made special, because the examiner’s task is made easier by your search. If you are filing a simple PTMS based on the condition of your health or age, you can use Form 10-9, below. Otherwise, you must follow the rules in the new PTMSUAEP, described below. Why does it take so long? First, you must make a search, then prepare an Information Disclosure Statement citing the references in the search. You must also identify the limitations of the claims that are disclosed in the references, how the claims are patentable over the references, discuss the utility of the invention, list references that may be disqualified as references because they came from the same organization (see 35 USC 103(c)), state where each limitation of the claims finds support in the specification, detail the search that was made, including where it was made, and state the reason for accelerated examination. The application may not include more than three independent and 20 total claims and must claim one invention only. The fee for the PTMSUAEP is stated in Rule 17(h) (see Fee Schedule in Appendix 4); this fee is in addition to the EFS-Web filing fee. However, according to Rule 102(c), no PTMS fee is needed if the invention will enhance the quality of the environment, conserve energy, or counter terrorism. The PTO will endeavor to process your entire application to patent in less than 12 months. For more information, see the Notice in the Official Gazette of 2006 July 18. The PTO has provided samples of Request for Expedited Examination (www.uspto.gov/web/ patents/accelerated). If you’ve already filed, it’s too late to file a PTMSUAEP in your pending application, but you can circumvent this restriction by filing a continuation application and filing the PTMSUAEP in the continuation. Unless absolutely necessary, I strongly advise you not to file a PTMSUAEP, because it forces you to make very restrictive statements and admissions that could severely cripple any patent that you get if you ever need to use it in licensing or in court. Also, if your search overlooks relevant prior art, and the examiner also misses it, a court could possibly invalidate your patent for inequitable conduct. If you want to make your application special based upon your health or age, the procedures outlined in Section I2, below, are still valid and you may file a petition using this section and Form 10-9. 1. The New PTMSUAEP System In 2007, the USPTO introduced a complex, time-consuming PTMS process known as the Accelerated Examination Program (AEP). AEP (PTMSUAEP) requires that you file electronically using EFS-Web and that you file Form SB/28 at the same time. You can find Form SB/28 at the EFS website (www.uspto.gov/ebc). Click “eFile/EFS-Web Unregistered eFilers,” then “Electronic Filing,” then “eFiling Forms.” The PTO estimates that Form SB/28 will take 12 hours to complete. 2. Simple PTMS Filings Based on Health, Age, Environment, Energy, or Terrorism The procedure described below may be used to file a PTMS if one of the first five reasons cited in Section I, above, is applicable.
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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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Your Legal COMPANION | 5 E. New Mat
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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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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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Index A “A,” correct use of, 20
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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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