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

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 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

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

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 10/2/08, 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: $165

2. The USPTO patent search fee: $270

3. The USPTO examination fee: $110

So, when you total the above, it will cost $545 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 $755 to the USPTO to have your patent issued.

So, all totaled, the fees to the USPTO would be $1,300.

A couple things to point out:

1. The initial filing fee mentioned above ($165) 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 $165 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 $755 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 $1,300 spread out over a couple of years (as the $755 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

P.S. If you’d like to review the entire U.S. Patent and Trademark 2009 Fee Schedule, visit the following link:  http://www.uspto.gov/web/offices/ac/qs/ope/fee2009september15.htm

P.P.S.  This post also responds to the following common questions:

How much does a patent cost?
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A US 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

P.S.   This post answers the following Web visitor questions and information searches:

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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

(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

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

(1) An individual (or group of individuals or a company) file a patent application with the United States Patent and Trademark Office (USPTO).

(2) When the patent application is received by the USPTO, it is assigned a serial number and date.

(3) The field / classification of the invention is reviewed by the USPTO and your application is assigned to a Patent Examiner who specializes in the the field / classification of your invention.

Here’s a searchable index of Patent Classifications:
http://www.uspto.gov/go/classification/

Here’s an alphabetical listing of Patent Classifications:
http://www.uspto.gov/go/classification/glossary/index.htm

(4) Your patent application is reviewed by the Patent Examiner.   NOTE: The USPTO is experiencing a significant backlog in reviewing patent applications.  It may well be over a year before your application is seen by a Patent Examiner.

(5) After studying your patent application, its content, technical requirements, and prior art, the Patent Examiner will respond back to you in writing in what’s called the First Office Action.  The vast majority of the time, even for us seasoned inventors, the Patent Examiner will find something amiss and not authorize the issue a patent.  So don’t panic.  This is normal.

(6) You’ll respond to the First Office Action with what’s called (not surprisingly) the First Response.  Your goal is to address the issues the Patent Examiner has found with your patent application.  In many cases, the Patent Examiner has found some prior art that he or she believes conflicts with your invention.  In this case, your job is to review the prior art and describe in writing the distinguishing elements of your invention over the prior art.  You’re essentially “arguing” your case, just like you’d see in a court room.  VERY IMPORTANT: Keep all of your correspondence (written and oral) with the Patent Examiner polite and courteous — no matter what emotions you may feel or how “unreasonable” you may feel the Patent Examiner is.  I can’t underscore this point enough.  The Patent Examiner is just doing his or her job by bringing issues to light that he or she feels is important.  They are good people and doing exceptional work. Treat them with respect.

In most cases, you’ll file your First Response in writing.  If so, it will likely be many months (typically six months to a year) before you get a reply from the Patent Examiner.  This is what I like to call the “very slow dance”.  Papers will go back and forth like this, with long periods of silence in between.

(7) At some point you’ll receive your Second Office Action.  The Patent Examiner has reviewed your arguments and will either agree with you or still find fault with your patent application.  If he or she agrees with you, you’ll receive your “Notice of Allowance” — meaning that your patent is allowed.  Hooray!   But it is still very common that more work needs to be done…

(8) The Second Response is where you refine your argument(s) and do your very best to convince the Patent Examiner about the patent-worthiness of your invention.  In all responses, always make sure you address each and every point the Patent Examiner raises.

(9) After a number of months go by, you’ll receive either your Final Rejection or Notice of Allowance.  Hopefully it is the latter, and you can celebrate.  If it is the former, you have a number of options — the most likely ones being:

a. Pat yourself on the back, say you did your very best job, and gear up for your next great invention.  In patent lingo, you abandon your application.

b. You can file an appeal.  An appeal can take years to prosecute.  And can be expensive.

c. You can file one of a variety of types of continuing patent applications.  I won’t go into the scope and nuances of the various types in this post; I plan to write a special post focused on this topic very soon.  However, for some immediate information, visit this wiki page:  http://en.wikipedia.org/wiki/Continuing_patent_application

Of the three options above, if you still believe you have a patentable invention, but didn’t express it correctly in your original application, one of the continuing patent application methods might be the path to take.  Again, visit the wiki page mentioned above for an overview.  And watch for a post from me on this specific topic soon.

– Eric

P.S.  This post was written in response to the following common questions:

How patent

How to get a patent

How patent process works

How to patent

How to patent an idea

(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

Here’s why:

No matter how fast someone else tries to whip up a patent application and file it with the U.S. Patent and Trademark Office, he or she is going to receive a later filing date. And, secondly, he or she would have to lie in the patent application (specifically in the Patent Application Declaration) that he or she is the original inventor of the invention; that’s perjury, which can result in rather serious consequences.

For reference, check out the USPTO’s form PTO/SB/01 for “Declaration for Utility or Design Patent Application”: http://www.uspto.gov/web/forms/sb0001.pdf

Note towards the bottom of page three, above the Inventor’s Signature, the oath:

“I hereby declare that all statements made herein of my own knowledge are true and that all statements made on 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 18 U.S.C. 1001 and that such willful false statements may jeopardize the validity of the application or any patent issued thereon.”

You can see why it would be unwise for someone to pretend to be the original inventor of an invention.

There are many reasons to start marketing your invention quickly after patent application filing.  I’ll follow up with other articles on this topic.  Stay tuned.

– Eric

The hardest part of the entire patent process is coming up with an invention that is patentable.  Once the “ah-ha” spark of an invention idea hits you, see if it passes the two critical hurdles of patentability at this post:   http://patent-your-inventions.com/?p=35

If you feel comfortable that your invention meets the essential criteria, document the idea and build a prototype.  For advice on these two topics, review my post entitled the “two most important steps in the invention process” at the following link:   http://patent-your-inventions.com/?p=7

Now you have to decide which of the three types of patents fit your particular invention — a utility patent, a design patent, or a plant patent.   Here’s a post that describes the essential differences between the three types of patents:  http://patent-your-inventions.com/?p=28

As far as the patent application itself, there are ten basic elements.  I’ve described them briefly in a post called “Want to patent an idea? Here’s what you need to know….”   Check out these key elements here:   http://patent-your-inventions.com/?p=34

For most people (even seasoned inventors), the most difficult part of the patent application is writing the Claims.   For some insights, take a look at my “How to write patent claims” post at this link:    http://patent-your-inventions.com/?p=38

The above is an overview of the essential ingredients to write a patent application.   I’ll go into details on the specific sections of a patent application in upcoming posts.   Stay tuned!

– Eric

As stated by the USPTO, the organization’s role is as follows:

“For over 200 years, the basic role of the United States Patent and Trademark Office (USPTO) has remained the same: to promote the progress of science and the useful arts by securing for limited times to inventors the exclusive right to their respective discoveries (Article 1, Section 8 of the United States Constitution). Under this system of protection, American industry has flourished. New products have been invented, new uses for old ones discovered, and employment opportunities created for millions of Americans. The strength and vitality of the U.S. economy depends directly on effective mechanisms that protect new ideas and investments in innovation and creativity. The continued demand for patents and trademarks underscores the ingenuity of American inventors and entrepreneurs. The USPTO is at the cutting edge of the Nation’s technological progress and achievement.”

The agency further states:  “Through the issuance of patents, the USPTO encourages technological advancement by providing incentives to invent, invest in, and disclose new technology worldwide.”

The USPTO is a rather unique agency of the U.S. Government. Since 1991, the USPTO has funded itself through the administration of patent and trademark processing fees.

According to the “USPTO Performance and Accountability Report Fiscal Year 2008″ and other published reports, for the reporting period ending September 30, 2008, the USPTO had 9,518 employees — most of which working out of the agency’s headquarters in Alexandria, Virginia.  About two-thirds of the employees (6,055) were patent examiners.

Patent examiners are the persons who you interface with (typically by written communications and telephone) who review your patent application.  Ultimately, they are the ones who decide whether or not your invention is worthy of a U.S. Patent.

During the course of prosecuting your patent application, patent examiners review previously issued patents and products in your invention’s field — cumulatively called “prior art”.  They then compare the prior art with the basic requirements of patentability.  For more information on these basic requirements, please visit my post entitled, “Is your idea patentable?  Two vital things to consider…”

The patent examiners review your patent application in detail.  For an overview of the basic elements of a patent application, read my post entitled, “How to write a patent application“.

You’ll also want to read my post that outlines the 10 essential elements of a patent application.  Visit my article entitled, “Want to patent an idea?  Here’s what you need to know…”

Well, there you go.  That’s a brief overview of the role of the U.S. Patent Office in obtaining an invention patent.  If I can answer any questions, please let me know.

Happy inventing!

– Eric

Patent Pending simply means that a patent application has been filed with the U.S. Patent Office (USPTO), but a patent has not yet been issued on the invention. The patent application is literally “pending”.

Once you file a patent application, and it is thus “patent pending”, there are very few reasons to keep the invention secret. In fact, most patent attorneys would recommend that you can start marketing the invention with full vigor at that point. Why? There are two key reasons:

(1) Anyone seeing your invention, and then filing his or her own patent application on the same invention, would get a filing date significantly later than yours. Although the United States is one of the few countries that uses a “first to invent” system (vs. the much more common “first to file” system), an early filing date does carry significant weight (for legal reasons that are outside the scope of this simple post).

Perhaps an even stronger reason…

(2) The person filing for a patent on your invention would have to lie to the U.S. Patent Office (USPTO) — that is, commit perjury — with a false statement on the Patent Application Declaration (“PAD”). Essentially a person would have to lie in stating that he or she was the “original and first inventor” of the invention. The USPTO PAD states: “…willful false statements and the like so made are punishable by fine or imprisonment, or both….”

Bottom line: For most inventors, patent-pending status is the starting gun for aggressive marketing and promotion.

Best of luck with your inventions!

– Eric

The central problem:  The logic and structure behind writing patent claims is extremely particular.  Some of the general “rules” imposed by the patent office date back over 200 years, and can be quite odd to most people new to the intellectual property field (and, on occasion, even to us veterans).

For instance, did you know that every patent claim (no matter how long — even if it’s 500 words with multiple, complex paragraphs) can only contain one capital letter and only one period.   Crazy, huh?

I could easily write 50 pages on how to prepare, construct, and write patent claims. But that would defeat the primary purpose of this Web site:  to provide simple, digestible information.  So what’s an inventor and author like me to do?  

My golden rule of this Web site (as stated in the home page’s opening paragraph) is:   “I’m not going to sell you a thing. Nothin’. Nada.” And I’m not going to violate my golden rule. But I am going to point you to a book that you can freely take out at almost every major library in America.  The book has a wonderful chapter (Chapter 9) on writing patent claims.  The book’s called, simply enough, “Patent it Yourself” and it’s written by Patent Attorney David Pressman.

Again, there’s no need to buy the book.   Just go to your local library and sign out Patent It Yourself…or simply read the chapter on writing patent claims. Just as I point new inventors to various information sites on the Web, I would be remiss if I didn’t give you a heads up on an excellent printed information resource.

The chapter on writing patent claims is 26 pages long, and is filled with crystal-clear examples of proper patent claim writing.  Between the patent claim language and structure tips you glean from that section of the book, and the other advice I’ve communicated here on my Web site, you should be well on the road to filing a solid patent application.  And that’s my perpetual goal.  

Happy inventing!

– Eric

What Is a Patent?

A patent for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office. The term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. US patent grants are effective only within the US, US territories, and US possessions.

The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention.

However, the content of a Web site can be covered by copyright (another form of intellectual property). I am not an expert in copyright law, so I can’t provide specific advice. Click on the following link to visit the U.S. Copyright Office: http://www.copyright.gov

– Eric

For more details, review the answer I gave to Joseph in the following message thread:   http://patent-your-inventions.com/?p=78.   (Scroll down a couple of replies in that message thread to see it.)

In short, as I mentioned to Joseph, it is possible to combine two or more existing products (even patented products) to create a new, patentable invention.   However, you must — minimally — overcome the “unobvious” hurdle.

I’d recommend reading my other posts regarding “unobviousness” and the critical nature of this factor in regards to invention patentability.    For instance, check out my top-line post entitled: “Is your idea patentable? Two vital things to consider…”   Click on the following link to jump to the post quickly:   http://patent-your-inventions.com/?p=35

Bottom line:   When considering if the combination of two (or more) existing products is patentable, focus on the two critical aspects of a patentable invention — and see if it passes those tests.

– Eric

For starters, please review my post called: “Three types of patents. How to choose the right one for your invention.” You can get to that post quickly via the following link: http://patent-your-inventions.com/?p=28. You’ll see a paragraph that I wrote specifically regarding Design Patents.

In addition, the U.S. Patent and Trademark Office (USPTO) provides an excellent description and tutorial regarding Design Patents. It’s on a Web page entitled: A Guide to Filing a Design Patent Application. You can view the USPTO’s Design Patent information via the following link: http://www.uspto.gov/web/offices/pac/design/index.html

– Eric

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

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.

The USPTO is the federal agency that oversees the processing and issuance of patents and trademarks here in the United States.

When you send your patent application to the USPTO, it gets assigned to a “patent examiner”. The USPTO tries to match the subject matter of the invention to the area of expertise of the patent examiner.

In 2007, according to Wikipedia, there were 5,477 patent examiners at the USPTO. That may seem like a large number of staff, but the reality is that it can take one to two years for a patent examiner to see your application for the first time. These very long delays are a common topic of discussion the inventor’s community.

To make a long story short: You may not hear back from the USPTO (that is, get what’s called your first “Office Action”) for up to two years from the date you file your application.

Rarely will any inventor receive a “Notice of Allowance” on the first Office Action. (“Notice of Allowance” is the okay from the USPTO that one or more of your patent’s Claims have been approved.) So, more than likely, you’ll have to reply to the USPTO Office Action, responding to any issues the patent examiner may bring up (such as other inventions — “prior art” — that conflict with your invention).

The above is a quick overview of the role of the US Patent and Trademark Office in the steps in getting a patent. I hope it sheds some light on the process.

– Eric

Writing a letter to yourself, and sending it by regular, registered, or certified mail, does not help you acquire rights to your invention.

Think about it: Someone with less than genuine integrity could send an un-sealed, empty envelope to himself or herself…and at some point in the future stuff it with notes of an “invention” — with the attempt to establish a date from the past. You can see how this dating method is easy to falsify — and thus one reason why this method is never acceptable by the U.S. Patent and Trademark Office (USPTO).

There are many bona fide legal reasons why the USPTO doesn’t give any value to a self-mailed letter. For instance, it does not provide an independent witness to the creation of the invention. As recommended elsewhere in this Web site, one of easiest — and accepted by the USPTO — ways of establishing a date of your invention is through the use of an Inventor’s Notebook. See http://patent-your-inventions.com/?p=7

Basically, just use an ordinary composition notebook to write down and / or sketch your ideas. Sign and date your pages. Then have each of your pages witnessed, signed, and dated by someone other than yourself. Your witness’ signature should be accompanied by the words: “I have read and understood the purpose of this invention”.

NOTE 1: It’s best (but not absolutely essential) that your witness is someone other than a family member. Doing so reduces any perceived bias, should a dispute arise and you have to present your notebook as evidence in court.

NOTE 2: You may also want to consider getting your invention notes Notarized. A Notary provides independent authentication of the pages and the signatures on them. Notarization is not required, but it would strengthen your invention documentation.

Bottom line: A poor man’s patent is simply a myth that has been circulating for many years. Sending a letter to yourself provides no value.

Follow the above steps, and you’ll be in sync with an invention documentation method that has been used by countless inventors over many, many years.

If the existing device is patented, you’re on thin ice right off the bat.  It’s risky.  The last thing you want to do is infringe on someone’s patent — and open the door to litigation.  For most cases, especially if you are a new inventor, I would recommend steering clear — and not pursuing further.

Now say the invention was never patented (or the patent has expired).  If you have discovered a truly new (and truly unobvious) use for the device, that may be the opening to file a patent application.

But even if you are successful in patenting the new use of the existing device, there are practical matters to consider — especially if the original product is still available.

For instance, what would stop someone from learning about your new “patented” use — and simply buying the previous product and using it the new way?  You’d have to find ways to stop others — everywhere — from using it the new way you’ve disclosed. Given how fast word can spread, worldwide and instantly, via e-mail and the Web, you could have a truly difficult time enforcing your patent.

Just a few things to think about when contemplating trying to patent a new use for an existing device or invention.

Unfortunately, the answer is no.  You cannot simply patent an idea.  An invention has to eventually (in patent lingo) be “reduced to practice”.  That is, the invention has to be physically made and produce the intended function.

At some point, you’ll need to turn your idea into an actual device.  Prototyping an invention is typically the biggest hurdle for many inventors (even for seasoned inventors, like me).

But don’t despair.  Perseverance is an inventor’s prerequisite strength.  Use your creativity and energy to find a way to turn your invention into a working device — and then press on to a patent application.

Best wishes!

– Eric

As you write your ideas / inventions into the inventor’s notebook, you’ll need to have the pages witnessed.  Yes, it is tedious. But it is the proper procedure.  You’ll need to write a line on each page that says something like “I have read and understood the purpose of this invention” which would then be followed by the word “WITNESS:” which would then followed by your witness’ printed name, signature, and date.  Your witness should preferably not be your spouse or children or anyone who could somehow profit from the success of your invention.

And all of the above should be done in ink, not pencil.

To make a long story short, there is no such thing as a “worldwide” patent.  However, there is a way to file an international patent application that, in essence, covers many countries in one swoop.

There is something called the Patent Cooperation Treaty (PCT) which provides a standardized process for filing patent applications for all of the countries that participate in the PCT.  As of the middle of 2009, I believe there were 141 countries participating.

I could literally type dozens of pages regarding how to file a PCT application / international patent application.  (In fact, I could probably create an entire Web site regarding it.)  But that would be a little crazy.     Instead, let me refer everyone who is interested to a fine Wikipedia page that nicely summarizes the PCT process.  Check out http://en.wikipedia.org/wiki/Patent_Cooperation_Treaty

For additional reference, here’s a link to Intellectual Property Offices worldwide:  http://www.uspto.gov/web/menu/other.html

Check out the above two references (particularly the Wikipedia one).  The PCT patent application process is something to consider if you feel you have an invention that has worldwide scope and potential.

– Eric

I’ve researched this a bit.  It seems, in certain instances, food products and food additives can be patented.

For reference, check out the following food-additive patent entitled “Sterol esters as food additives”:

http://www.google.com/patents/about?id=od4JAAAAEBAJ&dq=6394230+-+Sterol+esters+as+food+additives

Since the question about food patents continues to be asked, I’ll continue my research and report back any additional morsels of info I find.

– Eric

Eric,
I will reiterate what I have read from some of the rest of the posts on your webpage’s, Thank you for the AWESOME information.

One comment I would like to make about the plastic “proto typing” process (especially since I’m a retired GE plastics guy) is if at all possible first make “it” out of wood or another material, clay even or paper Mache~, coat hangers etc, work with your friends and family to test the proto type and if it works then go thru the patent process. I have been successful testing my wooden proto types and will soon begin the patent process on two of my ideas. Both will be made from plastic if I receive the patents.

For instance, about 10 years ago, the Federal Circuit Court of Appeals allowed a patent on an invention that used “Bag Balm” (a medicinal treatment for irritated cow udders) to treat male baldness.  And there are many other instances of these sorts of “new use” patents.

Your patent application would need to describe both the current product and your “new use” for this product.

The biggest hurdle may be passing the “unobviousness” threshold.  Not only must an invention be unique, it must be unobvious to someone “skilled in the art” of the invention.  I’ve written a post specifically on this topic which should provide greater clarity.  Check out my post entitled, “Is your idea patentable?  Two vital things to consider…”.  You can quickly jump to that post by clicking on the following link:  http://patent-your-inventions.com/?p=35

Filing a patent application on a board game is a great step prior to contacting a game board manufacturer.  That will give you a degree of intellectual property (IP) rights that you wouldn’t have if you simply contacted a manufacturer out of the blue.

This Web site is designed to provide tips and insights regarding the patent process that are applicable to all sorts of inventions — including board games.  In addition, I recommend taking a look at other board games that have been patented.  An easy way is to do so is through the fine free service offered by Google called Google Patents:http://www.google.com/patents/.  Visit this link and then simply type in “board games” into the search box.

For instance, through Google Patents, you’ll find a patent for a hockey board game.  Here’s the direct link to that patent:  http://www.google.com/patents/about?id=LUsDAAAAEBAJ&dq=6068259.

Check out the posts in this Web site and example board game patents.  Those two steps in the process to patent your board game.

If it is a complex device that I can’t make myself, I’ll try to find someone (or a small company) in the field of the device that might want to take on a small project to build a prototype.  Sometimes I’ll have to “cut a deal” regarding any potential downstream business.  Small companies are more flexible in this sort of creative approach.  To find a list of possible companies in your area, just Google the industry / resource you need with entries like “plastic molding” or “metal stamping” or “electronics design and fabrication”.  You might be surprised at the resources you’ll find very close (or in) your home town.

Another approach is to Google the term “prototyping” or “prototype services”.  There are many companies that exist purely to create “one-off” prototypes.  Many of these companies are comfortable working with inventors and / or small companies with a product idea.  The reputable ones will also be forthright with their confidentiality practices.   Speaking of confidentiality…

WARNING:  Be very careful who you talk to about your invention — and when.  The “safest” time to discuss your invention is after you’ve filed your patent application.  However, in many cases, the prototype is the speed-bump in the patent application process.  It’s very much the “chicken and the egg” thing.  I rarely approach a production company prior to filing a patent application — as the risks are huge otherwise.  But if it becomes absolutely necessary, it is critical to check out the production company thoroughly — to evaluate their reputation.  Use the Better Business Bureau, Chamber of Commerce, and / or personal project references.

And even when a company checks out as reputable, make sure you — minimally — have an iron-clad NDA (Non-Disclosure Agreement) in place.  As you may read in other posts, I’m not a big fan of NDAs (as some companies will ignore them if they see big profits without you).  But if you have to go down this road, I would recommend that you tap a couple hours of a local attorney’s time to write up a sturdy NDA.

– Eric

The “novel” aspect is so critically important, it is one of the two pillars of any patentable invention.  Check out my post entitled “Is your idea patentable?  Two vital things to consider…” at the following link http://patent-your-inventions.com/?p=35

Indeed, many products on the store shelves are not patented.  A patent is not required to produce and sell a product.  However, any idea / product that someone wishes to patent cannot have appeared on a store shelf (or anywhere).  It can’t be the same as any other invention previously invented or any other product previously sold.  It can’t even be the same as a product that was described somewhere in print.

The invention must be the inventor’s idea entirely. And the inventor must swear to it (under penalty of perjury) in the patent application.  In fact, in what’s called the “Declaration for Utility or Design Patent Application” — right above where the inventor signs the patent application — is the following oath:

“I hereby declare that all statements made herein of my own knowledge are true and that all statements made on 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 18 U.S.C. 1001 and that such willful false statements may jeopardize the validity of the application or any patent issued thereon.”

So, if it’s not your idea, don’t even consider filing a patent application on it.  Don’t go down that road.

– Eric

Abstract of the Invention – That portion of a patent application that briefly indexes the disclosure of the invention.

Anticipation – Prior conception and reduction to practice of the same invention by another.

Assignment – A document that transfers all or a portion of an inventor’s rights in an invention to another person or corporation.

Background of the Invention – That portion of a patent application that describes the state of the prior art as it existed at the time of invention.

Best Mode – The process or technique that the inventor considers to be the most effective way of producing and using the invention at the time the patent application is filed.

Claims – That portion of a patent application which spells out the boundaries of the invention much as a deed spells out the boundaries for land; entering the boundaries of land is trespass while entering the boundaries of patent claims is infringement.

Conception of Idea – The formation in the mind of the inventor of a definite and permanent idea of the complete and operative invention and communication of the concept to a non-inventor.

Declaration – An affirmation by an inventor that he or she believes that he or she is the original, first and sole (or joint) inventor of the subject matter claims, has reviewed and understands the contents of the specification (and claims) and acknowledges the duty to disclose information which is material to the examination of the application; the written declaration must warn the declarant that willful false statements are punishable by fine or imprisonment or both.

Detailed Description of the Invention – That portion of the patent application wherein one of ordinary skill is taught to make and use the invention; this is usually where much of the enablement requirement is satisfied; every aspect of the invention in its broadest scope must be taught at least in a prophetic manner.

Enablement – The legal requirement that a patent application must contain sufficient information to allow to one of ordinary skill in the art to make and practice the invention.

Examiner – A patent officer responsible for determining the patentability of an invention submitted to the U.S. Patent and Trademark Office.

Examples – That portion of a patent application that provides details of reducing to practice aspects of the invention.

First to File – That patent system in most foreign countries where priority is based on filing date.

First to Invent – The patent system in the United States where priority is based on date of conception linked to reduction to practice.

Formal Papers – As assignment, a patent application, a power of attorney and an oath or declaration.

Infringement – The unauthorized act of making, using, selling, offering for sale or importing into the United States, without the patent owner’s permission, a product that is covered by one or more claims of a valid patent.

Interference – A determination by the USPTO of priority of invention.

Invention – Conception of a new, useful, nonobvious idea followed by reduction to practice and communicated to a non-inventor.

Invention Disclosure Form (IDF)- A form submitted to the patent department by a researcher when he or she conceives of or thinks they have an invention; the form is witnessed and includes as many details of the invention (how to make and use, prior art, etc.) as possible.

Inventorship – One who makes an inventive contribution to conception or reduction to practice; does not include one who contributes ordinary skill in the art.

Manuscript Release -The form to be submitted when an employee seeks to make research information public in a publication, presentation, poster session symposium, news release, etc.; the form should contain details of the information to be released (manuscripts) as well as identification of any previous publications or patent applications to which it may pertain.

Novelty – The legal requirement that the elements for an invention not be anticipated in the prior art; an invention that has not been known or used by others in the U.S., or patented or described in a printed publication in this or a foreign country prior to the invention thereof by the applicant for a patent.

Nonobviousness – The legal requirement for a patent application that the prior art as a whole does not motivate or teach one of ordinary skill in the art the invention sought to be patented.

Nonprovisional Patent Application – A formal U.S. patent application that will be examined by the U.S. Patent and Trademark Office and has the potential to issue as a patent. Nonprovisional applications include continuation applications, continuation-in-part applications and divisional applications.

Notice of Allowance – An official notice sent to the Applicant by the U.S. Patent and Trademark Office (USPTO) indicating which claims meet the requirements for patentability and therefore have been “allowed” by the USPTO. When the Applicant pays a fee known as the Issue Fee, the USPTO issues a patent based upon the allowed claims.

Oath – An affirmation by an inventor that he or she believes that he or she is the original, first and sole (or joint) inventor of the subject matter claimed, has reviewed and understands the contents of the specification (and claims) and acknowledges the duty to disclose information which is material to the examination of the application.

Office Action – A letter from the U.S. Patent and Trademark Office providing an assessment of a patent application under review.

Ordinary Skill in the Art – The level of skill based upon the knowledge engineers or scientists in the field usually possess as evidenced by publications, books, prior patents and similar documents.

Patent – The exclusive right to exclude others from making, using or selling an invention for a specified period of years (usually less than 20) granted by the federal government to the inventor(s) if the device, composition, method or process is useful, novel and nonobvious.

Patent and Trademark Office – The Department of Commerce agency that examines patent and trademark applications, issues patents, registers trademarks, and furnishes patent and trademark services to the public.

Patent Application – An application filed by or on behalf of an inventor(s) for a patent. Technically, a patent application includes the patent document, the declaration (if filed as a nonprovisional application), the filing fee and transmittal forms. However, the patent document itself is often referred to as the patent application.

Patent Review Committee (PRC) – A team of representatives that prioritizes invention disclosure forms.

Patent Term – The length of time a patent has in its life; seventeen years form the date of issue for United States patent applications filed prior to June 8, 1995 and twenty years from the date of filing a patent application (not a provisional application) for United States patent applications filed on or after June 8, 1995 as well as all foreign patent applications.

Power of Attorney – An authorization by the inventor to have the patent attorney or agent represent him/her in all matters before the USPTO.

Prosecution – The proceedings from the initial filing of a patent application in the U.S. Patent and Trademark Office to the issuance of the patent.

Prior Art – Publicly available printed information, or public use in U.S. that pertains to the novelty and nonobviousness of a claimed invention including U.S. and foreign patents, publications, etc.

Priority Date – The filing date of a previously filed corresponding foreign or U.S. patent application if the subsequent corresponding U.S. or foreign application to which it pertains respectively is filed within one year.

Provisional Application – An informal patent application that can be filed with the United States Patent Office to preserve a priority date for a later U.S. or foreign patent application without beginning the twenty year patent term so long as the provisional application is enabling and the later applications are filed within a year. A provisional application is not examined and therefore will never issue as a patent.

Reduction to Practice (Actual) – The date on which it can be proven that an invention was shown to be physically made and capable of producing the desired and intended result.

Reduction to Practice (Constructive) – The date of filing a patent application.

Sequence Listing – A format for submitting sequences in patent applications to the PTO including computer readable forms (CRF) capable of being compared to other sequences.

Summary of the Invention – That portion of a patent application giving a brief summary of the invention indicating its nature and substance.

Trade Secret – Any formula, pattern, device or compilation of information which is used in one’s business and which gives him or her an opportunity to obtain an advantage over competitors who do not know or use it.

Utility (Usefulness) – The legal requirement that an invention must have an application or use; it cannot just be a new thing.

Utility Patent – A patent granted to an inventor of any new and useful process, machine, article of manufacture or composition of matter, or any new and useful improvement thereof.

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