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50 | Patent it YOURSELF Fisher Scientific in Pittsburgh, Pa.; call 800-766-7000 (www. fishersci.com) and ask for a re seller near you, or Scientific Notebook, Co. at 800-537-3028 (www.snco.com). If you don’t have or can’t get a formal lab notebook like this, a standard bound letter-paper-size crackle-finish school copybook will serve. Just number all of the pages consecutively yourself, and don’t forget the frequent dating, signing, and witnessing, even though there won’t be special spaces for this. Date each entry in the notebook as of the date you and your coinventor(s), if any, make the entries and sign your name(s). If you made the entries over a day or two before you sign and date them, add a brief candid comment to this effect, such as, “I wrote the above on July 17, but forgot to sign and date it until now.” Similarly, if you made and/or built the invention some time ago, but haven’t made any records until now, again state the full, specific, and truthful facts and date the entry as of the date you write the entry and sign it. For example, “I thought of the above invention while trying to open a can of truffles at my sister’s wedding reception July 23 (2005), but didn’t write any description of it until now when I read Patent It Yourself.” 2. How to Enter Technical Information in the Notebook Fig. 3A is an example of a properly completed notebook page showing the recordation of conception, and Fig. 3B shows recordation of building and testing. The sketches and diagrams should be clearly written (preferably double-spaced) in ink to preclude erasure and later-substituted entries. Your writing doesn’t have to be beautiful and shouldn’t be in legalese. Just make it clear enough for someone else to understand without having to read your mind. Use sketches where possible. Many inventors have told me they put off writing up their invention in a notebook or invention disclosure because they didn’t know the proper “legal” terms to use, or had writer’s block. However, as indicated, legalese isn’t necessary or desirable. There are two very good ways to bypass writer’s block: • Rely mostly on sketches, with brief labels explaining the parts and their functions. • Make sketches, describing them orally to a friend, and record your oral description with a tape recorder. Then go back and transcribe your description. Do not leave any large blank spaces on a page—fill the page from top to bottom. If you do need to leave space to separate entries, or at the bottom on a page where you have insufficient space to start a new entry, draw a large cross over the blank space to preclude any subsequent entries, or, more accurately, to make it clear that no subsequent entries could have been made in your notebook. If you make a mistake in an entry, don’t attempt to erase it; merely line it out neatly and make a dated note why it was incorrect. The notation of error can be made in the margin adjacent to the correct entry, or it can be made several pages later, provided the error is referred to by page and date. Don’t make cumulative changes to a single entry. If more than one change is required, enter them later with all necessary cross-references to the earlier material they supplement. Refer back to earlier material by page and date. If possible, make all entries directly in the notebook, or copy them there from rough notes on the day the notes were made. If this isn’t possible, make them as soon as practicable with a notation explaining when the actual work was done, when the entries were made, and why the delay occurred. If you’ve made an invention several months ago, and are now going to record it because you’ve just read this book, you should date the entries in the notebook when you actually write them, but you should also write when you actually made the invention and explain the delay with honesty and candor! Since the notebook is bound, you will have to handwrite the entries in it. Again, don’t worry about the quality of your prose—your goal is only to make it clear enough for someone else to understand; use labeled sketches or the tape recorder/transcription techniques given above if writer’s block occurs. If handwriting is difficult for you, or if your handwriting is illegible, you can use an Invention Disclosure form (see Section G, below). 3. What Should Be Entered in the Notebook Your notebook should be used as a “technical diary”—that is, you should record in it anything you work on of technical significance, not just inventions. The front of the notebook should have your name and address and the date you started the notebook. When you record the conception of your invention, you and anyone who later sees the notebook will find it most meaningful if you use the following headings: • Title (what your invention is called) • Purpose (what purpose the invention is intended to serve) • Description (a functional and structural description of the invention) • Sketch (an informal sketch of the invention) • Ramifications (include all ramifications of the invention that you have conceptualized; If you fail to include a ramification and one of your witnesses thinks of it, the witness may have to be named as a coinventor if you file a patent application) • Novel features (include all possible novel features of the invention)
ChAPtER 3 | DOCUMENTATION AND THE PPA | 51 TITLE: Self-Adjusting Can Opener PURPOSE: To provide a can opener that self-adjusts to any size can. DESCRIPTION: The can opener has a sliding clamp with a locking groove at its edge [etc.] … I conceived of this while I was at my friend Roberta's wedding last Sunday and saw the caterer having trouble opening small and large cans with several openers… 23 Locking groove SKETCH Sliding clamp RAMIFICATIONS: Instead of the locking groove, a special notch could be used as follows: Notch SKETCH POSSIBLE NOVEL FEATURES: The sliding clamp with a raised frammis arm is believed entirely new. Also, [etc.]… ADVANTAGES: This can opener would eliminate the need for separate can openers for different sized cans, thereby providing economy, ease of use, [etc.]… INVENTOR: Irma Inventor DATED: 20xx/8/25 THE ABOVE CONFIDENTIAL INFORMATION IS WITNESSED AND UNDERSTOOD: Wilfred Witness Alberta Attestor 20xx/9/25 20xx/9/25 Fig. 3A—Properly Completed Notebook Page Showing Conception
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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
Page 19 and 20: Your Legal Companion A. You Don’t
Page 21 and 22: 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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ChaPter 7 | What SHOULD I do Next?
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A p p e n d i x 4 Fee Schedule CAUT
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Appendix 4 | Fee SCHEDULE | 475 37
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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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A P P E N D I X 7 Tear-Out Forms No
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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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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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Form 10-4: Credit Card Payment Form
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In the United States Patent and Tra
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Form 10-6B: Information Disclosure
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Design Patent Application—Preambl
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Form 10-12: Request for Expedited E
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Form 13-4: Petition for Extension o
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Form 14-1: Request for Continued Ex
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Maintenance Fee Reminder Next fee d
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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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INDex | 579 Classification searches
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INDex | 583 including all possible,
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INDex | 585 in specification, 198,
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INDex | 591 official date of, 351 P
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INDex | 595 digital, for use in CAD
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INDex | 597 press release, 413 See
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INDex | 599 slash-sandwiched, 72, 4
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INDex | 601 in notebook, 50, 51, 53
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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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