Patent It Yourself: Your Step-by-Step Guide to Filing at the U.S. Patent Office

Patent It Yourself: Your Step-by-Step Guide to Filing at the U.S. Patent Office

Language: English

Pages: 656

ISBN: 1413322573

Format: PDF / Kindle (mobi) / ePub

For 30 years, Patent It Yourself has guided hundreds of thousands of inventors through the process of getting a patent, from start to finish. Patent attorneys David Pressman and Thomas J. Tuytschaevers provide the latest information, forms, and clear instructions to help you:

    • conduct a patent search the right way
    • evaluate your idea’s commercial potential
    • file a provisional patent application to get “patent pending” status
    • prepare a patent application
    • focus on your patent application’s claims
    • respond to patent examiners
    • get your drawings done right
    • protect your rights in foreign countries
    • deal with infringers, and
    • market and license your invention.

Thoroughly updated to reflect the latest changes in intellectual property law, this edition provides the latest U.S. Patent and Trademark Office rules and forms. The 18th edition covers the latest implications of the first-to-file rules created by the America Invents Act.

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1930s! Simply put, you’ll often find a search will indicate that your invention, while valuable, may be less of an innovation than you thought it was. You’ll thus have to determine whether or not your invention is sufficiently innovative to get meaningful patent protection. In other words, your scope of coverage will depend upon how close the references that your search uncovers are to your invention—that is, how many features of your invention are shown by the references, and how they are

provide a concise explanation of its relevance on a separate paper or in the specification. I recommend that you also state how your invention, as claimed, differs physically from this reference(s). State the relevance of any non-English references, and any discussion as to how your invention differs, on Form 10-5. Fig. 10N provides an example. If you send in the IDS with the application, note this on the postcard and transmittal letter that you send with your application and don’t fill out the

or patented your invention yet. However, any such late application won’t get the benefit of your original U.S. filing date, so any relevant prior art that has been published in the meantime can be applied against (used to reject) your foreign applications. Put differently, once you miss the one-year deadline, your foreign application won’t be entitled to the filing date of your original application. Rather, it becomes a non-Convention application, even in Convention countries. Also, once your

statute contains at least three requirements: (1) The specification must have a written description of the invention, (2) It must enable a PHOSITA (person having ordinary skill in the art) to make and use it, and (3) It must set forth the best mode contemplated by the inventor. While requirements 1 and 2 appear similar, the courts have held that they are somewhat different. Part 1 requires that the specification describe the invention but not necessarily to any degree of detail. Part 2 specifies

principles) would decide its way instead of for the infringer. Now, instead of leaving the matter up to the judge, anyone can request a Supplemental Examination, Post-Grant Review, Review of a Business Method Patent, Ex Parte Reexamination, or Inter Partes Review by the PTO, as discussed above. The party requesting the reexamination or review can participate in the reexamination process, and has the right to appeal any decision in favor of the patentee. The PTO will reexamine the claims in light

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