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296 | PATENT IT YOURSELF In the United States Patent and Trademark Office Appn. Number: 11/123,456 Filing Date: 2011 Dec 3 Applicant(s): Goldberger, David Examiner: Hayness / GAU 654 Mailed: 2011 Dec 3 At: San Francisco Declaration in Support of Accompanying Petition to Make Special Reason I—Applicant’s Health Is Poor In support of the accompanying Petition to Make Special, applicant declares as follows: * 1. I am the applicant in the above-identified patent application. 2. On Aug 15, 2010 I had a massive heart attack and was hospitalized in St. Francis Hospital in San Francisco for 6 days. 3. My cardiologist, Dr. Weakened Ticker of 909 Hyde St., Suite 2702, San Francisco, advised me during an office visit on Sep 26, 2010 that I had continuing heart failure and angina and would likely live only about a year from now. Attached is a certificate from Dr. Ticker to this effect. 4 . By reason of my terminal health condition, I respectfully request that this application be made special so that I may be able to enjoy the benefit of a patent on my invention while I am alive. 5. I further declare that all statements made herein of my own knowledge are true and that all statements made upon information and belief are believed to be true, and further that these statements were made with the knowledge that willful false statements and the like so made are punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the United States Code, and that such willful false statements may jeopardize the validity of the application and any patent issuing therefrom. 1919 Chestnut Street Philadelphia, PA 19103 215-237-6639 Very respectfully, David Goldberger David Goldberger Applicant Fig. 10T—Completed Declaration to Accompany PTMS *This (and all other papers sent to the PTO) should always be typed with 1.5 or double spacing.
ChaPter 10 | FINALING and MAILING Your APPLICATION | 297 CAUTION These are the only five reasons for which you may use PTMS Form 10-9. If you choose any other reason, your petition will be dismissed. If you are filing a PTMS based on any of these five reasons, you may use PTMS Form 10-9 (Fig. 10S, below). You will also need to file a supporting declaration (SD). This can be filed with the application or at any time afterwards. The supporting declaration that accompanies the PTMS should be in the format of Fig. 10R with the introductory paragraph and the last paragraph left intact. The remaining paragraphs must be tailored to your situation and give detailed facts (MPEP 708.02) in support of the reason for the petition. Here are some suggestions: • If your PTMS is based on age, merely state that you’re over 65 and give your birth date. If you file by EFS- Web, you file form PTO/SB/130 with the application (or afterwards), and you need not file any supporting PTMS declaration. • If your PTMS is based on poor health, environmental enhancement, conservation of energy, or countering terrorism give detailed facts or reasoning in support of your main reason, as I have done in Fig. 10R. Attach photocopies of such documents to your SD if they are relevant and label each document with a sequential exhibit number—for example, Exhibit A, Exhibit B— and explain it in detail in the declaration. If you file your PTMS with the application, you should refer to it in your transmittal letter and your postcard receipt. In this case, you won’t be able to include the PTO filing data on the PTMS. Don’t fill out the Certificate of Mailing at the bottom of the form. If you file it later, fill out the Certificate of Mailing and add the application filing data to the PTMS, as I have done in Fig. 10S. As always, don’t forget the postcard receipt. If you file the PTMS via the Web, the PTO’s server will grant it automatically, but if you file it by mail, you’ll receive a letter from the PTO stating that your petition has been granted and the examiner in charge of your application has been instructed to examine it ahead of turn. You should then receive an Office Action (see Chapter 13) several months sooner than normal. Patent Prosecution Highway— Expedited Examination of Applications Filed From Abroad In addition to the above two basic ways to get your application examined ahead of turn, you can also have your application examined ahead of turn in the USPTO if you first filed your application in a foreign patent office and then filed a U.S. application claiming priority of your earlier-filed foreign application. In order to enter this program in the USPTO, the foreign patent office must have officially allowed at least one claim in the first-filed or foreign application. If you want to enter this program you must file a request on a PTO/SB/20/xx form and comply with the other requirements indicated on the form. (The letters “xx” represent the country or jurisdiction code of the foreign country; e.g., if you first filed in the EPO, use form PTO/SB20/EP.) All forms are available on the PTO’s forms page. For further details, see the notice at www.uspto.gov/patents/init_events/ pph/index.jsp. (In addition to enabling applicants who first file abroad to have their application made special in the PTO, applicants who first file in the USPTO and thereafter file in a foreign patent office can have their application made special in the foreign patent office with a reciprocal procedure under the Patent Prosecution Highway program. To have your application made special in a foreign country your foreign patent agent must file an analogous request in the foreign patent office.) J. Filing a Design Patent Application As I’ve indicated in Chapter 1, Section B, a design patent covers the ornamental or aesthetic appearance, rather than the internal structure, function, composition, or state of an invention. Fig. 10R shows an example of the front (abstract) page of a design patent. You may file both a design patent application and a separate utility patent application on the same device, but of course, they should not cover the same feature of the device. The utility patent application should cover only the structure (or a method) that makes the device or invention function or operate. The design patent application should cover an entirely separate “invention,” namely, the ornamental (aesthetic) external (nonfunctional) appearance of something. For example, you can file a utility patent application on a computer program (provided it’s associated with some hardware), its circuitry, its keyboard
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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 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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Form 10-1A: Declaration for Utility
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Form 10-2: Utility Patent Applicati
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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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INDex | 577 Biotechnology patents e
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About the Author David Pressman is
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