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52 | PATENT IT YOURSELF TITLE: Self-Adjusting Can Opener — Building & Testing REFERENCE: Conception recorded on page 23. DESCRIPTION: A working model of this opener was made for me by Fred Smith of Model Makers, Inc., starting Sept. 1. It was finished Sept. 13. It was made of cold-rolled steel, 13 mm. thick, with brass bearings [etc.]… 27 Here is the photo we took on Sept. 15: Locking groove PHOTO Sliding clamp RAMIFICATIONS: We also tried a nylon hinge, but it did not work because… TEST DESCRIPTION: We tried the opener on fifty different cans, from size __ to size __ … TEST RESULTS: For the size __ cans, the opener worked as well as the Ajax brand, opening each can in an average time of 8.3 seconds, the same as we obtained with the Ajax brand. [etc.]… INVENTOR: Irma Inventor DATED: 20xx/9/27 THE ABOVE CONFIDENTAL INFORMATION IS WITNESSED AND UNDERSTOOD: Steve Elias 20xx/9/27 Fred Friendly 20xx/9/27 Fig. 3B—Properly Completed Notebook Page Showing Building and Testing
ChaPter 3 | DOCUMENTATION and the PPA | 53 • Closest known prior art (the closest known existing approach of which you’re aware), and • Advantages (of the invention over previous developments and/or knowledge—see the example in Fig. 3A). Don’t forget to sign and date your conception and have two witnesses also sign and date the record of conception. See Section 5, below. To record the subsequent building and testing of your invention at a later page of the notebook, you will find it most useful to record the following items: 1. Title and Back Reference 2. Technical Description 3. Photos and/or Sketches 4. Ramifications 5. Test Description 6. Test Results 7. Conclusion. Fig. 3B (above) shows a properly done lab notebook record of the building and testing of an invention. Don’t forget to sign and date, and have your witnesses also sign and date, the building and testing record, as well as the conception record. (See Section 5, below.) If you’re skilled enough to conceive, build, and test your invention all at once, just combine all of the items of Figs. 3A and 3B as one entry in your notebook. I strongly recommend that you record as much factual data as possible; keep conclusions to a minimum and provide them only if they are supported by factual data. Thus, if a mousetrap operated successfully, describe its operation in enough detail to convince the reader that it works. Only then should you put in a conclusion, and it should be kept brief and nonopinionated. For example, “Thus this mousetrap works faster and more reliably than the Ajax brand.” Sweeping, opinionated, laudatory statements tend to give an impartial reader a negative opinion of you or your invention. However, it’s useful to include the circumstances of conception, such as how you thought it up and where you were. This makes your account believable and helps refresh your memory later. Word all entries so that they’re complete and clear in themselves—that is, so that anyone can duplicate your work without further explanation. While you shouldn’t use the lab notebook as a scratch pad to record every calculation and stray concept or note you make or think about, you also shouldn’t make your entries so brief as to be of no value should the need for using the notebook as proof later arise. If you’re in doubt as to whether to make an entry, make it; it’s better to have too much than too little. Also, you’ll find it very helpful to save all of your “other paperwork” involved with the conception, building, and testing of an invention. Such paperwork includes correspondence and purchase receipts. These papers are highly trustworthy and useful as evidence, since they are very difficult to falsify. For example, if you buy a thermometer or have a machine shop make a part for you, you should save receipts and canceled checks from these expenditures since they’ll tie in directly with your note book work. 4. How to Handle Computer Printouts, Large or Formal Sketches, Photos, Charts, or Graphs Drawn on Special Paper If you have any computer printouts or any other items that by their nature can’t be entered directly in the notebook by hand, you should make or enter them on separate sheets. These, too, should be signed, dated, and witnessed and then pasted or affixed in the notebook in proper chronological order. The inserted sheet should be referred to by entries made directly in the notebook, thus tying them in to the other material. Photos or other entries that can’t be signed or written should be pasted in the notebook and referenced by legends (descriptive words, such as “photo taken of machine in operation”) made directly in the notebook, preferably with lead lines that extend from the notebook page over onto the photo, so as to preclude a charge of substituting subsequently made photos (see Fig. 3B). The page the photo is pasted on should be signed, dated, and witnessed in the usual manner. If an item covers an entire page, it can be referred to on an adjacent page. It’s important to affix the items to the notebook page with a permanent adhesive, such as white glue or nonyellowing (frosty) transparent tape. If you have to draw a sketch in pencil and want to make a permanent record of it (to put in your notebook) without redrawing the sketch in ink, simply make a photocopy of the penciled sketch: voilà—a permanent copy! If you make any drawings, photos, or prints that are too large to paste in your notebook, then you have two choices. You can fold them to notebook size and glue them into the notebook so that they can be unfolded and examined without removing them from the notebook. Or you can leave them separate from the notebook, but refer to, and describe them in the notebook. In either case, be sure to sign, date, and get witnesses to sign and date these large documents. 5. Witnessing the Notebook As I’ve repeatedly stressed earlier in this chapter, it’s important that the notebook entries be witnessed. This is because an inventor’s own testimony, even if supported by a properly completed notebook, will often not be adequate for proving an entry date. The witnesses chosen should
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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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C H A P T E R 7 What Should I Do Ne
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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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Searcher’s Worksheet Sheet of Inv
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In the United States Patent and Tra
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whether or not any royalty payment
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About the Author David Pressman is
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