Patent-Your-Inventions.com

If you’ve ever wanted to kick yourself after you’ve come up with a neat idea or invention — but then saw it on the store shelves or TV a few years later — then this Web site is for you.

Hi. I’m Eric Knight. You’ve probably seen me on TV. Maybe on the Late Show with David Letterman. CNN. The Discovery Channel. The BBC. I’m a successful inventor and entrepreneur. And you can be too! I’m not going to charge you a single penny for the information. Honest!

Unlike many self-help guides on the Web — where the goal is to make the authors rich by selling you their “how to invent” books — I’m going to do something radical: I’m not going to sell you a thing. Nothin’. Nada.

I’ve done well as an inventor and entrepreneur, and now one of my goals in life is to communicate how I did it via this Web site for no cost. (I apologize if I tick off those authors looking to make money selling you this same information. Oh, well.) Just read the growing list of articles on this Web site. (I’m adding topics as quickly as I type). I’ll do my best to guide you through the process of inventing, marketing, and selling your inventions. Scroll the article list below.

My intent is to write articles that cover how to conduct a patent search, steps to get an invention patent, how to file a patent application with the US Patent and Trademark Office, and other general information on how to patent an idea.

Need answers to your specific questions? Please ask them right here in my blog. Don’t worry if you think your question is rudimentary. Don’t be shy. I truly enjoy helping people bring their ideas to life.

Sincerely,

Eric Knight

Probably the biggest mistake of a new inventor, that I see all the time, is not following through on his or her idea.

He or she comes up with an innovative idea, many times related to his or her own industry or hobby. The person confidentially tells me about the invention. I encourage he or she to take the next step (such as documenting their concept). But, months or years later, when our paths cross again, the person has failed to act.

Time is one of your biggest enemies. Sometimes the invention is the solution to a current problem. Waiting too long can minimize (or, worse yet, obsolete) the value or saleability of your invention.

Example: I own a George Foreman Grill, and love cooking with it. However, I hate to clean it. Back in 2003, I did a little research — and found that over 40 million George Foreman Grills have been sold. I assumed many other people also hated cleaning this nifty device. And I wanted to invent something that would quickly capture this market (before someone else thought of how to do it). So I did.

My U.S patent, entitled “Grill Cleaner and Method”, takes care of the problem. The Abstract of my patent reads: “A method of cleaning electric grills including wetting a sheet of fluid-absorbent material constructed to conform to the wave-like contours of the upper and lower heating platters of a typical electric grill, and inserting the wetted material in between the electric grill’s heating platters.” In essence, it’s a near-automatic way to clean the grill. Neat, huh?

Moral of the story: If you’re pretty sure you have a great idea, don’t procrastinate. Go for it. Stay tuned for other posts where I’ll describe how to take action on your idea.

– Eric

Step One: Document your idea ASAP, preferably in an “Inventor’s Notebook”. I like to recommend that inventors use a bound “composition notebook” that you can find at any office supply store. These bound notebooks typically have 100 sheets. Take a pen and number every page consecutively. Then use the notebook to jot down your ideas, sketches, etc. Put the date on the pages after you write / sketch your invention. Sign your name on the invention page(s). Then, along with your signature, write the word “Witness:” and have someone sign in that spot. I can’t stress enough the importance of documenting your ideas in this fashion.

Step Two: Build and test your invention. This essentially establishes a date stamp that is critical if you and someone create the invention around the same time; all things being equal, the U.S. Patent Office will award the patent to the person who built and tested the invention first (called, in patent lingo, the person who first “reduced it to practice”).

– Eric

So you’re ready to roll up your sleeves and file for a patent application yourself. Congratulations! You’ve made it over the first hurdle of becoming an inventor: Taking action on your idea.

The next thing is you’ll need is a feel for the structure of a patent application. For the sake of this posting, we’ll make the likely assumption that you want to patent a device or process of some sort — so you’ll be filing what’s called an application for a Utility Patent. (You can find out more about the three types of patent applications in another posting on my Web site. Just click on the following link: http://patent-your-inventions.com/?p=28 )

Utility patents are what most people think about when they say they have “patented” their invention. The following ten items are the essential elements (there can be others) of a utility patent application.

NOTE: The list below is just an element overview. I’ll go into details on each element in subsequent Web site posts — which I’m feverishly writing. You’re essentially watching me prepare materials for you in real time!

(1) Utility Patent Application Transmittal Form or Transmittal Letter. This is akin to a “cover letter” that itemizes the elements of your patent application. It’s the U.S. Patent & Trademark Office (USPTO) form PTO/SB/05. (NOTE: For reference, the following is a link to the primary USPTO patent application forms: http://www.uspto.gov/web/forms/index.html#startforms )

(2) Fee Transmittal Form and Appropriate Fees. It’s the USPTO form PTO/SB/17 that helps calculate your filing fees, and lets you pay the amount by credit card or check.

(3) Title of the invention. This is a no-brainer. It’s what you call your invention, and includes your name.

(4) Background of the invention. Again, a no-brainer. It’s where you describe the field of your invention (like “kitchen appliances”) and also includes information that you know about “prior art” — that is, other inventions pertinent to the invention you are disclosing in your application.

(5) Brief summary of the invention. You guessed it. This is where you provide an overview of your idea.

(6) Specification. Think of it as the body text of a rather unique “term paper” in which you describe your invention in oodles of detail. The Specification contains a number of sub-elements, including 6a and 6b below.

(6a) Brief description of your drawings. If your invention patent application includes drawings, it is in this section where you describe them.

(6b) Detailed Description of the Invention. Again, the title of this section says it all. You describe your invention in meticulous detail, including how you go about making and using it. (Historically, this sub-section has been called “Description of the Preferred Embodiments”. I’m an old dog and continue to use that subtitle in my applications. But they say even old dogs can learn new tricks — and I might even switch. We’ll see.)

(7) Claims. This is the only real legalese section of patent applications. And, for many inventors, the most difficult. It’s where you define your invention in very specific language — with very specific writing rules. In most cases, it is the language and scope of the Claims that will determine whether or not you will be granted a patent on your invention. Fear not! I am here to help guide you through the process.

(8) Abstract. Another easy one. Just a paragraph summary of your patent applications.

(9) Drawings. If it takes drawings to understand the operation or principles of your invention, you’ll need to provide them. Good news on this front: I’ve discovered a few handy-dandy techniques that help people who can’t draw (like me!) create professional-quality drawings in minutes — literally — using any digital camera and Adobe’s wonderful Photoshop program. I’ve described those techniques in some of my other postings. Click on the following links for some great tricks and techniques:
http://patent-your-inventions.com/?p=26
http://patent-your-inventions.com/?p=32

(10) Oath or Declaration. This is where you affirm to the USPTO that you are, indeed, the inventor of the invention. The primary USPTO form for this is PTO/SB/01.

As I mentioned above, I am writing information for you regarding all of the above key patent application elements. I’m writing as fast as my lil’ fingers will type. Stay tuned to my Web site for a step-by-step description of each element, and ways for you to tackle them with the greatest of ease.

– Eric

One of the questions I’m asked most frequently is “How much does a patent cost?” Well, that’s like asking “How much does a house cost?” or “How much does a car cost?”. Of course, it all depends on the house or car.

The same is true regarding a patent. Will you be using a patent attorney to draft and prosecute your patent? (That, in itself, will add up to many thousands of dollars — typically $10,000 - $20,000.) Or, are you going to give the patent application a whirl yourself?

For do-it-yourselfers: I’m a strong believer that almost any individual can file and prosecute a patent application by himself or herself. In fact, that’s the intent of my http://patent-your-inventions.com Web site: To give you the insights to take your idea and patent it yourself. And save yourself a bundle in the patent process.

If you go the do-it-yourself route, there are some fundamental costs imposed by the United States Patent and Trademark Office (USPTO). As of 11/4/07, the following are the baseline USPTO fees for an individual inventor (in patent lingo, an entity that qualifies for “small entity status”):

The four basic fees for individuals / “small entities” for what’s called a non-provisional application (a full-fledged patent application):

1. The USPTO filing fee: $155

2. The USPTO patent search fee: $255

3. The USPTO examination fee: $105

So, when you total the above, it will cost $515 to submit your patent application.

4. Should you be successful with your patent application — that is, the USPTO Patent Examiner says that you have an allowable application — you’ll need to pay $720 to the USPTO to have your patent issued.

So, all totaled, the fees to the USPTO would be $1,235.

A couple things to point out:

1. The initial filing fee mentioned above ($155) is for a patent application with up to three independent claims and 17 dependent claims. “Claims” are the heart of a patent application — and I intend to go into further detail on Claims in another post that I’ll write over the next week or so. Suffice it to say, your first patent application will likely not have more than one or two independent claims and likely less than 17 dependent claims — so the $150 is a good gauge for your patent-planning budget.

2. Realistically, it’s going to take one to two years (maybe even more) before your patent might issue (that is, your application allowed by the USPTO Examiner). Indeed, the process does take that long. So, you won’t be paying the $720 issue fee for some time — which really helps when you’re budgeting your overall expenses.

Of course, as with anything, there are other costs that you might have to incur. For instance, will you have to pay someone to create the drawings of your invention that you’ll have to submit with your patent application? If you’re “artistically challenged” like me, you’ll either need to find someone to help — or use some of the neat software tricks I’ve learned to turn photographs into “line art” drawings. (This is another topic that I plan to write about in the very near future. Stay tuned, as this trick alone can save you a great deal of money.)

In a nutshell: If you go the do-it-yourself route, it will cost you about $1,235 spread out over a couple of years (as the $720 issue fee won’t have to be paid until you receive approval — called “Notice of Allowance” — from the patent office examiner). On the other hand, if you hire a patent attorney, it will likely cost you between $10,000 and $20,000. And many of those dollars will be expended very early in the process.

As I mentioned above, my goal for this Web site is to help you file a patent application yourself. Of course, I can’t guarantee your success. I have no idea if your invention is even patentable. But I can point you in the right directions to give you a great shot at success if your invention is patentable.

Glad to help!

– Eric

A patent search is an early, prerequisite step in the process of filing a patent application. The primary intent of a patent search is to find out if anyone has previously invented your idea. However, especially for a new inventor, the costs for hiring a patent attorney (or a patent-search company) to conduct the patent search may be — in itself — more than the inventor can afford.

A patent search by an attorney or company can run up to $1,000 and more, especially if your invention is in what’s called a “crowded” field of art — that is, lots and lots of products in the same field of your invention.

Thankfully, over the last few years, the U.S. Patent and Trademark Office (USPTO) and other organizations have put sizable chunks of patent databases online — free for everyone’s review and search.

The two databases that I personally find most valuable are:

1. The service provided directly by the USPTO. http://www.uspto.gov/patft/

2. A phenomenal new service offered by Google. The Google Patent Search tool covers the entire collection of USPTO patents issued from the 1790s through those issued in the middle of 2006. http://www.google.com/patents

Conducting the patent search.

With the above two patent-search tools (and others) at your disposal, how do you go about conducting a patent search? Instead of me reinventing the wheel here (pardon the pun), there are some great step-by-step tutorials on the Web that will give you the paths to follow. These tutorials are free and unbiased, as they’re authored by two fine, reputable educational institutions: the University of Texas and Penn State University.

Check out the following two links the the above-referenced university tutorials: http://www.lib.utexas.edu/engin/patent-tutorial/index.htm
http://www.libraries.psu.edu/instruction/business/Patents/

I hope the above information sheds some light on the patent search process. With the above free patent search tools and the free patent search tutorials, you should have the resources you need to conduct a thorough patent search that will become the foundation of your patent application. And save yourself a lot of money in the process.

– Eric

I can’t draw to save my life. However, patent applications require very detailed drawings of submitted inventions. And hiring an artist or draftsperson to do the patent drawings can costs hundreds (or, for complex inventions) thousands of dollars. For many inventors, that’s an immediate budget killer.

My goal was to find a way to do the patent drawings for free.

I was determined to find a way to create patent drawings without hiring someone to do the drawings. And I have. Once you try the method a couple of times, you can create a professional-looking patent drawing in just minutes. Really!

Here’s how you can do your own patent drawings with just a digital camera and the most popular image-editing software, Adobe Photoshop:

Step One: Select a room that has lots of natural light so you won’t need to use your camera’s flash. Now place sheets of white paper (like photocopy paper) on a table to make a large white surface. (Tip: An even better way is to buy a “flip chart” pad of 30″ x 25″ sheets of white paper.)

Step Two: Place your invention on the white paper. Try your very best to minimize (or eliminate) shadows of your invention on the white paper. You can do this by not having the invention directly near a window or any bright lights.

Step Three: Use any digital camera (image resolution is not critical) to take photographs of your invention.

Step Four: Open one of your photographs with Photoshop.

(Note: The following steps may vary slightly, depending on what version of Photoshop you’re using.)

Step Five: Select from Photoshop’s top-level menu the “Filter” option. Then select the option labeled “Other”. Then select the “High Pass” option. Change the radius setting to 4.5 pixels. (You can try other settings to suite your drawing preference later — but try 4.5 pixels first.) Then click the “OK” button. (The image may look very strange at this point, but you’re almost done.)

Step Six: Go back to Photoshop’s top-level menu and select the “Image” option. Then select “Adjustments”. Then select “Threshold”. Tweak the Threshold Level setting (either by entering a new number or by moving the slider if your version of Photoshop has that feature) until you like the way the “drawn” image looks. My favorite Threshold Level setting, for many pictures, is 128. But you’re the “artist”. Select what looks best to you, then click the “OK” button.

Step Seven: If necessary, clean up the image by removing any straggly lines with Photoshop’s Eraser Tool. Then save the image under a different name (like invention_drawing1.jpg). Now you’re done!

Again, with a little practice you can whip through this photograph-to-drawing conversion process to create patent drawings in just a few minutes. It’s amazing. And it is one of my very favorite tips to pass along to my fellow inventors. Enjoy!

– Eric

Did you know that there are three primary types of patents? They are: utility patents, design patents, and plant patents.

Utility patents are the ones most commonly sought, and what most people are referring to when they say they have “patented” their invention. Utility patents cover things that function in some way to create a new utility. Mechanical devices, electronics, pharmaceuticals, business processes — essentially anything that can be made or fabricated would be appropriate for a utility patent.

Design patents cover the visual design of the invention — that is, the invention’s visual characteristics or ornamental shape / design. If you have an item that has a unique visual appearance (such as a unique shape or design for a telephone, water glass, computer case, etc.), that unique design can be patented by way of a design patent.

Plant patents, as the name implies, cover unique strains of plants — such as trees, flowers, shrubs, and vegetables.

Knowing the three types of patents will help you as your chart your course on the invention patent waters. Other articles here on my Web site will give you the information you need to write and submit your patent application. As always, glad to help!

– Eric

In the U.S., utility patents and plant patents are valid for 20 years after their filing date. (This slightly longer change in duration came about in June 1995. Utility patents filed before that date are valid for 17 years from their issue date.) As for the third type of patent, a design patent, this patent type is valid for 14 years from date of issuance.

IMPORTANT NOTE: There are various patent “maintenance fees” imposed by the U.S. Patent and Trademark Office (USPTO) over the lifetime of a patent. And if those fees aren’t paid, a patent could prematurely expire.

You can get an idea of the USPTO patent maintenance fees, as of September 30, 2007, by visiting the following page at the official government USPTO Web site and scrolling down to the Patent Maintenance Fees section: http://www.uspto.gov/web/offices/ac/qs/ope/fee2007september30.htm

In a previous post I mentioned one of my favorite techniques for creating patent drawings — for free — using a simple technique with Photoshop and any digital camera. (If you’d like to see that post again, just click on: http://patent-your-inventions.com/?p=26 .)

Another handy technique, also with Photoshop, is a quick way to darken the lines of your digital artwork, so your drawings will look top-notch when you file a patent application with the U.S. Patent and Tradmark Office. Here’s the technique:

(1) Open your drawing with Photoshop.

(2) From top-level menu bar, select Image, then Adjustments, then Levels.

(3) Slide the middle arrow on the slider towards the right…maybe two-thirds to three-quarters of the way to the end. (On some very light drawings or line art, I’ll even slide the middle arrow all the way to the right. It all depends on the artwork you’re working with.)

(4) You can stop at Step (3) above if everything meets your satisfaction. However, if the lines seem a bit blurry after you’ve made the adjustment, you can also try sliding the right arrow a little bit to the left. (In many cases, this last step won’t be necessary.)

When you’re filing a patent on an idea, in my experience “neatness” really does count in your patent application. It conveys to the U.S. patent office examiner that you’ve made your very best effort. And this handy technique, to make your drawings look their very best, can only help.

A question I get all of the time is: “Is my idea patentable?” And I answer it the same way, every time. In the eyes of the U.S. Patent and Trademark Office (USPTO), there are two critical thresholds your idea must surpass: your invention must be both novel and it must be unobvious.

(1) In terms of novelty, your invention must be totally unique. It can’t be the same as any other invention previously invented or described somewhere in print. If your invention has been disclosed somewhere (such as in a printed article) or if it has been made and sold to the public, you will not pass the novelty threshold of the patent office.

(2) In terms of unobvious, this one is a little more difficult to describe — but let me try. Even if you create an invention that has never existed before (thus passing the novelty threshold as described above), the essence of your invention still has to be non-obvious to someone who is “skilled in the art”. In plain English, that means someone in the field of your invention wouldn’t think it’s obvious to make your invention by simply tweaking a characteristic of an existing invention. For example, if you claim to invent a light bulb that is twice the size of an ordinary light bulb, it wouldn’t pass the “unobvious” threshold because someone in the field of lighting would see it as an obvious change to an existing product. In general, simply changing material composition, colors, dimensions, and other fundamental characteristics of existing products would be flagged as obvious by the U.S. patent office.

If you’d like to see how the U.S. patent office describes the above two characteristics of novelty and non-obviousness, you can check out the following link to a page that’s on the USPTO.gov Web site: http://www.uspto.gov/web/offices/pac/doc/general/index.html#novelty

Bottom line: Your idea is only patentable if it is both novel and unobvious. If you believe your idea passes both thresholds — congratulations! That’s a huge milestone in the invention process. But don’t stop now. Keep the momentum going. Read about the entire patent application process in this Web site.

– Eric

You’ve invented the next best thing since sliced bread. That’s good. But you’ve been chatting about your invention in the lunchroom with your co-workers for months. That’s bad.

What many inventors don’t know is that you have ONE YEAR from your public disclosure to file for a patent on your invention. Once you mention it to friends and family, even if it is just in idle chit-chat, the one-year clock starts ticking.

After one year from disclosure passes, an invention cannot be patented. It becomes, in patent lingo, “prior art”.

Let me be extra clear on this very important point: If you’ve talked about or demonstrated the invention in public, or offered it for sale, or described it in any public venue (in a published article, on a Web site, etc.), the one year clock starts to tick. And it can’t be stopped. After the one year time frame concludes, the invention becomes part of the public domain — and it can’t be patented.

One small twist to this absolute rule: If you disclose your invention to another party using a Non-Disclosure Agreement (”NDA”) or similar type of confidentiality agreement, in most cases you are exempt from the One Year Rule.

Bottom line: If you’ve already disclosed your invention, and 12 months have not yet passed, and you want to maintain your ownership of the invention, a patent application would seem to be your next step. Review other articles and postings within my Web site here for some patent application tips and advice.

Hope this information is helpful. Happy inventing.

– Eric

I’ve had a number of questions from people in this forum and from colleagues about Provisional Patent Applications (PPAs). Many people, unfortunately, see PPAs as a quick path to a patent — and are not aware of the pitfalls. So I thought I’d take a moment here to describe two significant disadvantages of a Provisional Patent Application:

(1) Many times (unfortunately too many times), the PPA applicant uses the PPA as a shortcut, and doesn’t do as thorough of a job at researching and disclosing information about his or her invention as he or she would with a traditional patent application.

(2) This is similar to (1), in that a PPA doesn’t require the applicant to file Claims. To many, Claims are the “heart” of the patent application. In many cases, writing the Claims greatly influences how how the rest the patent application is prepared. They go hand in hand. Without the need to draft Claims, the applicant may or may not prepare the PPA disclosure in such a way that solid, supportable Claims can be written later in the full application. And that would be catastrophic.

I can’t underscore point (2) above enough. For individuals who have never written a patent application before, it is very difficult to have a firm grasp of the critical nature of the Claims — and the very precise interdependency of all the elements of a patent application. I would guess that someone filing a PPA by him or herself, without having gone through the process of at least one full-fledged patent application prior, the likelihood of being able to prepare solid Claims in the full patent application down the road are extremely slim. Said another way, the chances for a catastrophic problem with the full patent application are very high.

There are other reasons that I don’t particularly recommend a PPA for a first-time inventor — but some of these are more technical in nature and would be difficult to describe here.

Sure, for experienced inventors with a number of patents / patent applications under their belts, a PPA can be a useful tool. For instance, a PPA saves upfront costs. It also enables the invention to immediately be marketed as “Patent Pending”. And a PPA gives the inventor up to one year to research whether or not the invention may be profitable in the marketplace…and thus one year to determine whether he or she would want to file a full-fledged patent application. But, as I said above, I think the likelihood that a first-time inventor can take advantages of these benefits is slim. That’s just my opinion, based cases that I’ve come across. Other people may think otherwise, and I certainly respect those opinions.

I hope this information is helpful.

– Eric