• Embed Doc
  • Copy Link
  • Readcast
  • Collections
  • CommentGo Back
Download
 
Legal Advantage
4330 East-West Highway Suite 304Bethesda, Maryland 20814301.637.6180Sales@legaladvantage.netwww.LegalAdvantage.net
Patent Primer or New Innovators
 A Guide or the Do-It-Yoursel Patent Filers
February 2009
 
 The word patent originates rom the Latin word ‘patere’, which means “tolay open,”or to make available or public inspection. A patent is a set o exclusive rights granted by a state to an investor or his assignee or a fxedperiod o time in exchange or a disclosure o an invention. There is evidence that patents were used in ancient Greek cities, such asSybaris. Patents in the modern sense originated in Italy in 1474; Englandollowed with the Statute o Monopolies in 1623. In the United States, theArticles o Conederation laid the groundwork or patent systems be-tween the years 1778 and 1789.Patent Law and Substantive Law o Trademarks centers around theconcepts o distinctiveness and similarity o marks and goods. The objecto granting a patent is to encourage and develop new technology andindustry by protecting one’s invention.
Filing or a Patent – An Introduction
During the patent application process, be prepared to:• Determine i you can patent your invention• Understand patent law• Evaluate the commercial potential o your idea• Perorm your own patent search• File a provisional patent application• Prepare a ormal patent application• Respond to patent examiners• Amend an application• Enorce and maintain your patent• Market and license your inventionIt is essential or you as an inventor to understand the patent processbeore venturing into patent fling. The importance o a thorough patentsearch cannot be stressed enough. It is the only way or you to check i someone else has had the same idea. I someone did have the same idea,did they already patent it? It is also possible that someone had the sameidea and fled or a patent that is currently pending. I the patent is pend-ing you will have to decide whether to proceed with a new patent appli-cation with the hope that your patent is granted beore the other one, orto drop the idea o applying or a patent.
Note: Patent pending applications are made public only 18 months ater the fling date. Prior to this, there is no way to fnd out i a particular application is already in the system.
I your idea is innovative and you have the enthusiasm to work and con-vert the potential proft margin into a real one, it makes sense to try or apatent.
Introduction
“The works o ounders o states,Lawgivers, tyrant destroyers and heroescover but narrow spaces and endurebut or a little time, while the work o the inventor though o less pomp is elt every where and lasts orever.” - Francis Bacon
Legal Advantage
 
When you have committed yoursel to getting a patent, youneed to choose how to fle or the patent. The frst and mostobvious choice is to go to a patent attorney. The second is to goto a patent agent. The third is to do it yoursel.Hiring a patent attorney generally seems like a surefre way toa successul patent. It’s the easy way out. But there is a catch:in a time o economic downturn where cost cutting is critical,would you be able to spend anywhere between $8,000 and$10,000? It might make more sense or you to save money, usesome smarts, and fle the patent on your own. The second way to fle or a patent is through a patent agent.Finally, you may want to write and fle or your patent yoursel.I you decide on this choice, we suggest that you check out thebook “Patent It Yoursel” by David Pressman. Once you are donewith prep work, we strongly recommend you get an attorneyor a fnal review o your application beore submission.
Steps to Filing a Patent Application
Here are a ew reasons to do so:• Looking at statistics, only about one in 1000 new inventionsbecome commercially successul. So any mistakes in the appli-cation probably won’t matter.• A patent attorney is not a guarantee or a valid and successulpatent, especially considering that most invalid patents wereoriginally drated by attorneys.• Financially, fling the patent application yoursel will cost less.Many inventors have taken this seemingly di cult path andsuccessully navigated the patent system on their own. Federallaw necessitates patent examiners at the U.S. Patent and Trade-mark O ce (USPTO) to help individual inventors who apply orpatents without a lawyer’s help.You frst need to ensure that your invention is patentable andthen illustrate and explain your invention in detail.Don’t let this deter you; you don’t need in-depth legal knowl-edge to take this process orward. All you need is an aptitudeor learning and an eye or detail.
Prior Art 
You might ask 
 ,
“Why fle it yoursel?” 
Legal Advantage
of 00

Leave a Comment

You must be to leave a comment.
Submit
Characters: ...
You must be to leave a comment.
Submit
Characters: ...