Full Description

Simplify the Start-Up Process

Your invention is the product of effort and ingenuity that deserves to be protected.

Reward all your hard work and creativity by obtaining a patent. The Complete Patent Kit contains everything you need to successfully navigate your way through the patent process. It takes you step-by-step through each stage of the application process and provides vital information for what you need to do, both before and after you receive your patent, to make your invention profitable.

ESSENTIAL INFORMATION YOU NEED:

• Sample Patents
• Online Resources
• International Protection
• Maintenance Schedule

Hiring an attorney to get you a patent will cost you anywhere from $4,000 to over $25,000. Save thousands of dollars and hours of time by using this book to help you get a patent and protect it once you have it.

This book walks you through how to fill out the required paperwork, file it with the government, and pay the necessary fees. Then, it explains how to use your patent, improve on it, keep your patent alive, and defend against patent infringement.

Ideal for both businesses and individual inventors, this comprehensive, well-organized, and clearly-written book will help you obtain, use, and protect your patent on your own or become a well-informed client if you decide to hire an attorney to help you along the way.

Get Started Now with Every Form You Need on CD-Rom

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Table of Contents

How to Use the CD-ROM
Using Self-Help Law Books
Introduction

Section I: Before You File Your Application

Chapter 1: Overview of the Patent Process
The Purpose of Patents
Factors to Consider
Who Can Apply for a Patent
Types of Available Patents
What Is Patentable
What Is Not Patentable
Length of a Patent
When to Apply for a Patent
The Work Involved with Obtaining a Patent
Hiring an Attorney or Agent
Invention Promotion Firms
Keep Inventing and Improving Your Invention
Keep Good Records
Further Information

Chapter 2: Other Tools for the Patent Holder
Copyrights
Trademarks
Trade Secrets
Confidentiality Agreements
Joint Ownership Agreements

Chapter 3: Requirements for Obtaining a Patent
Novelty
Obviousness
Written Description Requirement
Enablement
Best Mode
Utility

Chapter 4: Searching for Prior Art
The Importance of a Prior Art Search
Simple Searches for Free
Fee-Based Searching
Using the Class/Subclass Classification
System for Your Invention
Documenting Your Search

Section II: Filing Your Application

Chapter 5: Drafting Your Patent Application
Parts of Your Application
How to Go About Drafting a Patent Application
Drafting Your Specification
Step 1: Title of the Invention
Step 2: Cross-Reference to Related Applications
Step 3: Statement Regarding Federally Sponsored Research and Development
Step 4: Reference to a Sequence Listing, Table, or Computer Program Listing
Step 5: Background of the Invention
Step 6: Brief Summary of the Invention
Step 7: Brief Description of the Several Views of the Drawing
Step 8: Detailed Description of the Invention
Step 9: Claims
Step 10: Abstract of the Disclosure
Step 11: Sequence Listing
Drawings

Chapter 6: Claims
Claims Format
Types of Claims and How to Draft Them
Drafting Dependent Claims
Means-Plus-Function Clauses
Jepson Claim Format
General Claim Drafting Rules and Techniques

Chapter 7: Completing Your Application
Utility Application Transmittal Form
Fee Transmittal Form
Application Data Sheets
Oath or Declaration
Information Disclosure Statement
Cover Letter
Postcard
If You Mail Your Patent Application
Do a Final Check and Make a Copy of Your Application

Chapter 8: Preparing Other Types of Applications
Design Patent Applications
Provisional Applications
Continuation Applications
Continuation-in-Part Applications
Divisional Applications
Request for Continued Examination
Claiming Priority to Earlier Applications

Chapter 9: Filing Your Application Abroad. 185
Patent Cooperation Treaty
Overview of the PCT Process
Preserving Foreign Filing Rights
PCT Timeline
Other Foreign Filing Routes

Section III: After Filing Your Application

Chapter 10: The PTO's Response to Your Patent Application
Corresponding with the PTO
Checking the Status of a Patent Application through PAIR
Length of Time to Obtain a Patent
Petitions to Make Special
First Office Action
Your Response or Reply
Supplemental Replies
Consider an Interview with Your Examiner
Final Rejection
Advisory Action
Appeal of Your Examiner's Decision
Notice of Allowance or Allowability
Patent Term Adjustments
Payment of Issue and Publication Fee

Chapter 11: Amending or Modifying Your Application
Making Amendments to Your Application Data Sheet
When You Can Amend Your Specification
Format of Your Amendment
Examiner Amendments
Correcting Inventorship

Chapter 12: Dealing with Preliminary Examination Communications
Notices that Relate to an Incomplete Application
Notice of Incomplete Reply
Restriction Requirement

Chapter 13: Overcoming Novelty and Obviousness Rejections
Novelty
United States Code, Title 35, Section 102(a)
United States Code, Title 35, Section 102(b)
United States Code, Title 35, Section 102(c)
United States Code, Title 35, Section 102(d)
United States Code, Title 35, Section 102(e)
United States Code, Title 35, Section 102(f)
United States Code, Title 35, Section 102(g)(2)
Obviousness
United States Code, Title 35, Section 103(a)

Chapter 14: How to Overcome Other Types of Rejections
Rejections under United States Code, Title 35, Section 112, Second Paragraph
New Matter Rejections under United States Code, Title 35, Section 132
Rejections under United States Code, Title 35, Section 112, First Paragraph
Utility Rejections under United States Code, Title 35, Section 101
Double Patenting Rejections
Abandonment of Your Application

Section IV: After Your Patent Issues

Chapter 15: Maintaining and Correcting Your New Patent
Labeling Your Products
Correcting Minor Mistakes
Incorrect Inventorship Listed in a Patent
Maintenance Fees
Reissue of Your Patent

Chapter 16: Monitor Your Competitors
People You Should Rely On
What Competitive Intelligence Uncovers
Tools for Competitive Intelligence
Organize and Analyze Your Intelligence
Strategic Planning

Section V: Protecting Your Patent

Chapter 17: Patent Infringement
The Importance of Learning What Constitutes Infringement
Direct Patent Infringement
Contributory Infringement
Imported Products Made with a U.S.-Patented Process
Unassembled Components Shipped Outside the United States for Assembly
Design Patents

Chapter 18: How to Form Your Own Patent Infringement Opinion
Forming a Patent Infringement Opinion
Sample Infringement Analysis

Chapter 19: How to Design around a Competitor's Patent
Festo and Prosecution History Estoppel
The Festo Analysis in Conclusion
How to Use Festo and Prosecution History Estoppel to Design
Around a Competitor

Chapter 20: If Someone Infringes Your Patent
Consider Nonlitigation Strategies
Hiring a Plaintiff's Team
Who to Sue
Assertion Letters
Before Filing a Lawsuit
Where to File Your Lawsuit
International Litigation Strategies

Chapter 21: Relief Available in Patent Infringement Cases
Injunctive Relief
Lost Profits
Reasonable Royalty
Interest, Costs, and Fees
Enhancement of Damages

Chapter 22: What to Do if You Are Sued for Patent Infringement
Hiring a Defense Team
Response to an Assertion Letter
Obtain a Written Opinion
Deciding What to Do

Chapter 23: Defenses to Patent Infringement
Patent and Claim Invalidity
Non-infringement
Novelty
Prior Invention
Obviousness
Inadequate Disclosure
Lack of Utility
Inequitable Conduct
Not in Force
First Sale Doctrine and Exhaustion
Estoppel
Prosecution History Laches
Double Patenting
Experimental Use
Incorrect Inventorship

Chapter 24: Special Defenses to Patent Infringement
Antitrust Violations
Statute of Limitations
Laches
Intervening and Prior User's Rights
Medical Procedures
Old or Exhausted Combination
Permissible Repair
Abandonment
Lack of Standing
Violation of the Recapture Rule
Special Defenses Available to the U.S. Government
License of the Patent
Infringement Summary

Chapter 25: Alternative Dispute Resolution Techniques
Cross-Licensing
Arbitration and Mediation

Chapter 26: Other Non-litigation Tools and Strategies
Interference
Reexamination
Public Use Proceedings
Protests
Third-Party Submission
Patents Issued Abroad

Section VI: Making Money from Your Patent

Chapter 27: Licensing
What Is a License?
Nonexclusive Licenses
Exclusive Licenses
License Fees
Finding Prospective Licensees
Approaching Your Licensee
License Agreement

Chapter 28: Other Ways to Commercialize Your Invention
Do Everything Yourself
Assignments
Licensing Companies

Chapter 29: Strategies for Commercialization
Unique Design
Pricing
Limited Life Terms
Catchy Names and Logos
Websites
Align Yourself with Key Partners
Free Samples
Street Advertising

Conclusion
Glossary
Appendix A: Important Addresses, Websites, and Telephone Numbers
Appendix B: Additional Resources
Appendix C: Sample Patent Application
Appendix D: Sample Design Patent
Appendix E: Sample Confidentiality Agreements
Appendix F: Sample Licenses
Appendix G: Forms
About the Author

Excerpt

Excerpt from Chapter 1: Overview of the Patent Process

A patent gives you, the inventor, the exclusive right to make, use, or sell your invention. The entire rationale for granting patents to inventors is "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries," as stated in Article 1, Section 8 of the U.S. Constitution.

The Purpose of Patents
By giving inventors an exclusive right to their discoveries, inventors have a greater incentive to pursue their inventions, since there is a greater likelihood that they will see a return on their investment. Patents are, in effect, a valuable reward given to inventors for all of their hard work in creating something new. By giving inventors a type of monopoly on their inventions for a certain amount of time, it is believed that they are more likely to make sacrifices and investments to spend time inventing.

Patents also provide a greater incentive for inventors to make their inventions public through the patenting system. If you know that as soon as you disclose your invention someone could steal it and start using it as his or her own invention, you are probably going to be hesitant about disclosing your invention. In fact, you are probably going to
want to keep your invention secret. By giving you protection against this kind of theft as soon as you file your patent application, it is believed that you will be more likely to tell the outside world about your invention. In the eyes of patent law, disclosing your invention to the world adds to the wealth of information in your field. In turn, this leads to future technological improvements and advancements in your field.

Factors to Consider
Deciding whether you should seek patent protection on your invention involves a variety of factors. No single factor is likely to answer this question for you, but there are several factors you should consider.

On the negative side, be aware that obtaining a patent is not an inexpensive process. Even if you go at it alone, there are some pretty hefty fees associated with the patent process itself. For example, there are fees to file your patent application ($155 for a small entity), as well as search fees ($255 for a small entity), and examination fees ($105) associated with such a filing. If you hire a patent attorney or agent to handle your application process, your fees will be considerably more expensive, ranging in the thousands of dollars just for his or her representation alone.

A patent owner must also pay about $6,000 in maintenance fees to keep a patent alive in the United States for its full term. If you want patent protection abroad, you will also have to pay maintenance fees for each country in which you seek to keep your patent in force. In total, it is not uncommon for a person to spend around $10,000—$30,000 for obtaining and maintaining a patent in the United States, depending on the complexity of the invention. By doing things yourself, you will probably cut these expenses in half, but the fees can still be considerable for the individual inventor.

Another thing that you should keep in mind is that obtaining a patent is not an easy process. Your success in obtaining a patent will depend on a host of factors, such as your invention's novelty (a term that is defined for you in Chapter 3). Also, the chances of obtaining a patent have been decreasing. The reasons for this decline are believed to be due to an increasing belief by the United States Patent and Trademark Office (PTO) that many patents granted in the past should in fact not have been granted.

Another factor that you should consider is that having a patent on your invention does not necessarily mean that you have anything of value. What will be important instead is whether your invention has value to someone else. If your invention has no value to anyone, then your patent is basically going to be worthless. One thing that I find many inventors and patent attorneys alike do not appreciate is that people in this world do not buy technology; they buy products. For example, when people go to shop for a video game at the local software store, they are not looking to buy the software program behind the game. They want to buy the game itself regardless of the software. So, while a patent on video game software might be a nice thing to have, if there is no one interested in buying this particular video game, then the patented technology alone is not going to have significant value.

However, do not let uncertainty about this deter you. How do you
know if your invention is valuable? If your invention already exists or there is already a better product out in the marketplace, then you are probably not going to make money off your invention by obtaining a patent. In Chapter 4, you learn how to uncover prior art to determine whether similar products exist in the marketplace. There are also experts who can assist you with valuing your invention. The United Inventors Association (UIA) is a nonprofit organization that will evaluate your invention for a cost of around $312. Their website is uiausa.com. Although $300 may seem like a lot of money to you, it is actually quite inexpensive compared to the costs of the patent process. Therefore, such evaluations can be very helpful before you engage in drafting a patent application for your invention.

In deciding whether or not your invention has possible value, one question that you can ask is whether or not innovative features of your invention could possibly give someone a competitive edge in the marketplace. If the answer to this question is yes, then a patent should be filed. What are innovative features? There are different key concepts and questions you should ask yourself about your invention to determine whether it has innovative features.

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