Help Selecting a Patent Attorney

Selecting the right patent attorney is one of the most crucial decisions an inventor faces, and can spell disaster or success from the beginning.

Patent attorneys must be more than just attorneys who hang a shingle, have passed the bar and are licensed to practice. They also need an engineering or computer science degree, something technical.

To be a valid patent attorney, a lawyer must also have registration with the United States Patent and Trademark Office.

Good patent attorneys are usually very uniquely suited to a particular field and as a result are very difficult to locate. Some lawyers boast and advertise patent knowledge, but are short on experience. It is your job to find one who has been down the path before.

Things to ask a patent attorney are:

-          How many clients have you filed patents for?

-          How many patents have you obtained?

-          Can you give me some references of these people so I may speak to them first hand and get their review of their experience?

Find out their patent number and see for yourself that it is real and actually happened. If the reference is willing to share what the cost of the attorney’s services were in filing for and obtaining the patent, by all means take advantage of that and confront the attorney with the results and ask if your situation might be similar in cost, less in cost or even more, and why.

Don’t let the price of the suit and the shoes impress you. They were bought with the hourly fees paid by people like you. Lawyers typically get paid whether they win or lose, and winning to you means obtaining your patent.

However, you shouldn’t let a reference who didn’t successfully obtain a patent for a client signal a completely negative outcome. Some invention ideas are simply not eligible for a patent, and a good patent attorney should help spot that soon and not “milk” the client or lead them along. Sometimes a modification to a process or invention can make it unique and patentable whereas in the start it is not.

A good patent attorney should not be afraid to answer your questions, and you should be full of them. Lawyers are typically not in a hurry if they are charging you by the hour. Some attorneys will work on a fixed fee amount for the entire job, but you should find this out up-front.

If they are on the clock and you start discussing the upcoming baseball season during your visit then… you’re being charged to discuss baseball.

There is no such thing as a free lunch. Spend an hour with a lawyer and you get charged for an hour spent with the attorney, unless you have agreed to a fixed fee or other arrangement.

Perhaps most important of all, the only stupid question is a question not asked. That goes for you AND your attorney. You know your invention inside and out. You have probably lived and breathed it for months or even years. Your attorney has not and a good one will ask what seem to be rudimentary questions in a solid effort to help you succeed.

Finally, it must be said that not all patent attorneys are equally qualified to protect and represent the interests of your patent. Some attorneys have more experience, industry contacts, and expertise relevant to your patent than others, and it helps to search for the former whenever possible. This will eliminate the common obstacles that inexperienced patent attorneys are ill-prepared to navigate and ensure as much billable time is spent on your patent (as opposed to administrative/bureaucratic things) as possible.

PatentHelpNow.com is a website dedicated to providing inventors with free patent help. You can contact us at: PatentHelpNow@gmail.com

Utility Patent Requirements

Function and structure are the core to a product’s apple. In order to protect the function and structure of your invention, you will need a utility patent.

Utility, as a requirement by the USPTO, is one of the easiest to fulfill.  Qualifications to be met in order to receive a utility patent include:

1) General Utility- Does the invention have the means to work?  Requiring functionality.

2) Specific Utility- Does the invention work? Requiring that the invention perform the intended function.

3) Moral or Beneficial Utility-Does it violate moral expectations? Requiring that this invention not do harm or promote harmful behavior.

A utility patent protects the way that an invention is used and how it works ONLY. It does not protect the design or the way that it looks. (You will need a design patent for this. See “Filing a Design Patent Help”.)            Utility patents are subcategorized into three divisions: mechanical, chemical or electrical. Inventors of a new and useful method, machine, device, process, manufactured item or chemical compound will be granted a utility patent.

Because the utility patent plays such an imperative role in our society, the procedure to file and obtain the patent is long and extremely time consuming.

With a process that could have as many as 20 steps, where do you start? Don’t stress. Stay focused. Help is here. Use these 13 steps as a guideline:

1)    The Letter:

• A Utility Patent Application Transmittal Form (Form PTO/SB/05), also known as a transmittal letter, must be submitted with every application for a utility patent.
• This tells the USPTO what EXACTLY is being filed. Include the name of the applicant, the type of application, the title of the invention, the contents of the application, and any additional enclosures.

2)    The Specification:

• This is where you divulge the details. The more descriptive you can be the better chances you have of receiving your patent. Include in the description, the manner and process of manufacturing it and using it. It should be clear, concise, and extent.
• This element of the patent application introduces the invention and the inventor to the person analyzing the application.
• It should also include the name, citizenship, and residence of each applicant, and the title of the invention.
• When deciding upon the title of the invention, make sure that the name identifies the item well. It should be as short and specific as possible. (This is how the public will refer to it in the future, so make it a good one!)
• This information will be printed on the patent; therefore it is extremely important to make it look nice.

3)    Application Data Sheet:

• This is voluntary. Should you decide that you want to do it, they must be done according to USPTO code 37 CFR § 1.76.

4)    Cross-Referencing:

• Unless included in the application data sheet, provide a cross reference to related applications. These can be prior filed patents, copending nonprovisional patents, or international applications.
• Include in the FIRST SENTENCE the title, application number filing date, and the relationship of the applications.

5)    Statement regarding federally sponsored research or development.

6)    Background Information:

• This should begin with a statement about the field or market that the invention is intended for.
• Include any information that you have that is related to your invention (references to specific documents).

7)    Brief Summary of the Invention:

• Explain the general idea of the invention in a summarized form. Include the advantages of the invention and what problem it solves.

8)    Description of the drawing:

• List all figures by number and briefly describe the purpose of each.

9)    Detailed Description:

• DETAILED, I REPEAT, DETAILED information about your invention, making it, and using it.
• Use exact terms. Be clear, concise, but thorough.
• Completely explain the difference from other inventions; the process, machine, manufacture, composition, or improvement that is being invented. Anything necessary for someone to understand the invention.

10) Claim(s):

• Definition of the subject matter which the applicant is wanting to patent.
• This is crucial, so spend time on it.
• Must be in formal terms and consistent with the title of the invention.

11) Abstract of the Disclosure:

• Enables the USPTO to quickly determine the nature of technical disclosures of your invention.
• Narrative form. Limit yourself to a single paragraph (no longer than 150 words).
• Must be on a separate page.

12) Drawings:

• A requirement for inventions that cannot be understood without a drawing. The drawing MUST show every feature of the invention.

13) Executed oath or declaration:

• This is a required statement of the applicant stating that he/she believes himself/ herself to be the original and first inventor of this invention.

• You can use USPTO forms PTO/SB/01, PTO/SB/01A, PTO/SB/02, or PTO/SB/02LR.

Oh and when you think you are finished:

Check, check again, and triple check that you have done everything to USPTO standards and guidelines, because you do not want to have to apply again. And don’t forget to include the money you owe them for filing a utility patent. They tend to get fussy if you don’t pay them!

PatentHelpNow.com is a website dedicated to providing inventors with free patent help. You can contact us at: PatentHelpNow@gmail.com

Provisional Patents

Filing a provisional patent can help you protect your invention for 12 months and is typically a good idea for inventors who want to validate their concept with market research, prior to incurring the high costs of filing a full patent. A provisional patent application also allows filing without a formal claim or any prior art disclosures. The application permits an inventor or inventors to establish an effective filing date in your later full patent. It also gives you the ability to utilize the term “patent pending” when describing the invention.  This essentially gives you greater security against having the invention stolen while promoting the invention commercially.

Filing a provisional patent is not difficult if you have the right help and resources.

Provisional Patent Help Resources:

There are a variety of provisional patent help resources available to inventors online.

1. USPTO website: http://www.uspto.gov/web/offices/pac/provapp.htm

The site is more technical than user friendly but provides insight into the benefits, limitations, and rules for provisional and the implications for subsequent non-provisional applications.

1. Provisional Patent Steps

The steps necessary for a provisional patent are fewer than a full patent, however the USPTO is still strict about the contents of the application. Here is a brief description of each aspect:

1. Written Description:

• DETAILED, I REPEAT, DETAILED information about your invention, making it, and using it.
• Use exact terms. Be clear, concise, but thorough.
• Check to comply with the USPTO code 35 U.S.C. §112.

1. Drawings:

• A requirement for inventions that cannot be understood without a drawing. The drawing MUST show every feature of the invention.

*To view the specific requirements visit the USPTO website directly.

The Application Must Also Include:

1. Names of all inventors
2. The location of the inventors
3. A title for the invention
4. The correspondence address
5. A list of any government agency that has an interest in the invention
6. The name of a attorney or agent and a docket number if that applies.

Filing Fee Information:

The filing fees change occasionally and you will need to visit the USPTO directly at the link above to determine the fees as of your filing date.

Additional Provisional Patent Application Filing Help Advice:

1. Note that the protections of the filing expire after 12 months.
2. The filing of the application must concur with the standards that the USPTO lays out on their website listed above.

File your provisional patent application, work really hard for 12 months, and then you will know if you want a full patent. You will be happy you did!

PatentHelpNow.com is a website dedicated to providing inventors with free patent help. You can contact us at: PatentHelpNow@gmail.com

Patent Filing for Plants

Have you recently discovered and asexually reproduced a distinct variety of a new plant? Then I would say it is time for you to start your application for a plant patent.

A plant patent is granted to an inventor of newly invented strands of asexually reproducing plants. Tuber propagated plants or plants found in an uncultivated state cannot be patented.

The protection of a plant patent lasts for 20 years, and gives the inventor the EXCLUSIVE right to exclude others from asexually reproducing, selling or using the plant. This protection is limited to a plant that possesses the following qualities:

• A living plant that expresses a set of characteristics determined by its single genetic makeup or genotype, capable of being duplicated ONLY through asexual reproduction.
• Sports, mutants, hybrids, and transformed plants are comprehended; sports or mutants may be spontaneous or induced. Hybrids may be natural, from a planned breeding program, or somatic in source. While natural plant mutants might have naturally occurred, they must have been discovered in a cultivated area.
• Algae and macro fungi are regarded as plants, but bacteria are not.

Asexual reproduction is the propagation of a plant to form new individual cells without genetic seeds, ensuring an exact copy. Asexual reproduction ensures stability of the plant. Acceptable modes of asexual reproduction for a plant patent include, but are not limited to:

• Rooting cuttings
• Apomictic Seeds
• Division
• Layering
• Runners
• Tissue Culture
• Grafting and Budding
• Bulbs
• Slips
• Rhizomes
• Corms
• Nucellar Embryos

As outlined by the USPTO, in order for a plant to be patentable, there are several requirements that you must follow.

Plant Patent Help: Requirements for a Plant to be Patentable:

• That the plant was invented or discovered and, if discovered, that the discovery was made in a cultivated area.
• That the plant is not a plant which is excluded by statute, where the part of the plant used for asexual reproduction is not a tuber food part, as with potato or Jerusalem artichoke.
• That the person or persons filing the application are those who actually invented the claimed plant; i.e., discovered or developed and identified or isolated the plant, and asexually reproduced the plant.
• That the plant has not been sold or released in the United States of America more than one year prior to the date of the application.
• That the plant has not been enabled to the public, i.e., by description in a printed publication in this country more than one year before the application for patent with an offer to sale; or by release or sale of the plant more than one year prior to application for patent.
• That the plant be shown to differ from known, related plants by at least one distinguishing characteristic, which is more than a difference caused by growing conditions or fertility levels, etc.
• The invention would not have been obvious to one skilled in the art at the time of invention by applicant.

Did you meet the Plant Patent Help Requirements?

Did you meet the qualifications? There were many, so good for you! Let’s get going on the application for your plant patent!

Unfortunately, a plant patent requires some preparation before filling out the application. It is a two-step process to invent a plant; discovering the new plant in a cultivated area and then asexually reproducing it. If these criteria are not met, there is potential for the inventor to lose rights to the invention.

The following are the components of a plant patent:

1)    Plant Introduction:

• This should include the title of the plant being invented, and an introduction stating the name, citizenship and residence of the applicant.

2)    Cross-Referencing:

• Unless included in the application data sheet, provide a cross reference to related applications. These can be prior filed patents, copending nonprovisional patents, or international applications.
• Include in the FIRST SENTENCE the title, application number filing date, and the relationship of the applications.
• Copending applications to siblings or similar plants developed by the same breeding program.

3)    Statement regarding federally sponsored research or development.

4)    Latin name of the genus and species of the invented plant.

5)    Variety denomination.

6)    Background Information:

• This should begin with a statement about the botanical and market class that the invention is intended for and how the plant will be used.
• Indicate the botanical name of the plant by genus and species, and the market class.
• Include any information that you have that is related to your invention. Include the claimed parents or the known plants to which the invented plant it related.

7)    Brief Summary of the Invention:

• Explain the general idea of the invention in a summarized form. Include the major characteristics of the plant and the traits that set it apart from other plants.

8)    Description of the drawing:

• Describe each of the views and figures presented in the drawing.

9)    Detailed Description:

• This should be a complete botanical description of the claimed plant.
• DETAILED, I REPEAT, DETAILED information about your invention.
• Use exact terms. Be clear, concise, but thorough.

10) Claim:

• Definition of the subject matter which the applicant is wanting to patent.
• This is crucial, so spend time on it.
• Must be in formal terms and consistent with the title of the invention.

ONLY ONE CLAIM FOR A PLANT PATENT!

11) Abstract of the Disclosure:

• A condensed review of the most distinguishing characteristics of the plant. Briefly describe the most notable and important characteristics only.
• Narrative form. Limit yourself to a single paragraph (no longer than 150 words).
• Must be on a separate page.

12) Drawings:

• Normally a photograph but may be represented in other mediums.

13) Executed oath or declaration:

• This is a required statement of the applicant stating that he/she believes himself/ herself to be the original and first inventor of this invention.

Before you submit your application to the USPTO, check the website for any new specifications that may have been added while you were working on your application.

Wow! So there you have it! I do believe a plant patent is the most difficult of them all, but that is probably because I am not a botanist. Good luck out there!

Need Design Patent Help?

Do you have an invention with a great design? Something that you need to make sure is protected? Well, you have come to the right place for your design patent help.

Here is a simple chart to describe the Pro’s and Con’s of a design patent:

PRO’S	CON’S
Relatively Inexpensive.	Only protects the visual element of the invention.
After you file your application, you have a “patent pending” status.	There is only a 14-year duration period of the patent. (Versus the 20-year duration of a utility patent)
Protects items with appealing aesthetic qualities.	Does not protect HOW the invention works, so you will need an additional utility patent if you want to protect the ‘HOW’.
The filing and preparation fees are less expensive than the fees for a utility patent.	The drawings are more expensive because of the importance they hold in the application.

A design is the visual and ornamental characteristics that are a part of or on an item to be manufactured.  The way that an object is created to appear, is the design for the object.

What do Design Patent’s Protect?

Design patents are filed to protect the way that an object looks. AND ONLY THE WAY IT LOOKS!

When filing a design patent, the subject matter should describe the visual elements.  As detailed as you can possibly get, the shape of the element and the surface ornamentation should be well described. An ornamental design can be embodied into the entire object or it can be applied to it. Each application can only have a single claim. (37 CFR § 1.153)

It is not okay to file a design patent for an item that is going to be manufactured dictated primarily by function. If at the time that it was designed, there was not a distinct shape or design not dictated by the function, it is improper. (35 U.S.C. 171)

Patent law provides the granting of a design patent to any person who has invented any new, original and ornamental design for an item to be manufactured.

When granted, the design patent protects the appearance of the item and NOT the structural or utilitarian features.

*Note to the reader: If you have gotten this far and you are still wondering if you are in need of a design patent, ask yourself this- “Is the way that my invention looks, what I want to patent?” If the answer is yes, keep reading.

The USPTO does not require all of these steps but they recommend many of them, so we are going to go through all of the steps that they recommend an application for a design patent have.

1)      The Preamble:

• This element introduces the invention and the inventor to the person analyzing the application. It should include the name of the applicant, the title of the design, and a brief description of the intended use for the item of which the design is created for. This information will be printed on the patent; therefore it is extremely important to make this look nice.
• When deciding upon the title of the design, make sure that the name identifies the item in which the design is used on. This will be the name publically known.

2)      Cross-Referencing:

-          Unless included in the application data sheet, provide a cross reference to related applications.

3)      Statement regarding federally sponsored research or development.

4)      Description of the figure(s) of the drawing:

• These are indications of what each view of the drawing represents.  Since the drawing is typically the best description for a design, a specified description is not typically necessary but is not prohibited.
• These descriptors should be included if there are portions of the design that are not included in the drawing, or if there is a part of the design that is not supposed to be patented.
• If not included in the preamble, this is also where you would denote the nature and environmental use of the design.

5)      Feature Description.

6)      A Single Claim:

• Definition of the design which the applicant is wanting to patent, in terms of the item that is being embodied of applied.
• Must be in formal terms and consistent with the title of the invention.

7)      Drawings or Photographs:

• The drawing disclosure is the most important part of a design patent application. The application MUST include either a drawing or a black and white photograph of the design.
• It is extremely important to make the drawing or photograph easily understood without any part of the design being left to the imagination.
• Drawings are to be in black ink on white paper.
• Applicants should refer to the USPTO rules and requirements for the drawings and photographs. (37 CFR §1.84(b)(1) and §1.152)

8)      Executed oath or declaration:

• This is a required statement of the applicant of compliance with the requirements set forth by the USPTO in 37 CFR §1.63.

After you have completed and submitted your application, all you have to do is wait. If for some reason you need to communicate with the USPTO office, you will need to make sure that you have the following information available:

1.      Application number.

2.      Group art unit number.

3.      Filing date.

4.      Name of the examiner who prepared the most recent Office action.

5.      Title of the invention.

Preparing your application for your design patent will be time consuming, but worth the effort.  Remember to be thorough and extremely descriptive!