Intro to u.s. povisonal patent application writing rev4

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Transcript of Intro to u.s. povisonal patent application writing rev4

  • 1. Provisional Patent Applica0ons Inventors Forum April 13, 2012 George White

2. Write Your Own Provisional Applica0on? Con: Patent Laws are Pro: What the hell its confusing and beNer than nothing. complicated, you will screw it up and get a false sense of security from ling it. SOLUTION Learn as much as you can stomach 3. Provisional Patent Applica0on What? When? Why? How? 4. What is It? It is not a kind of a patent ! It is a kind of applica0on Only granted patents give the right to exclude others 5. Why? Less formal requirements than a regular applica0on. Reasonable chance that what you write will not be held against you. Danger - you dont actually cover the important part but think you did 6. Actual Example Drawing Sheet from an inventors PPA 7. When is it Looked at? Possibly During Prosecu0on of NPA Denitely During Li0ga0on 1/2015 1/2012 1/2013 Search and PPA NPA Examina0on 1 - A 2 - C 3 - B NPA covers A, B and C. Search turns up: 1.1/1999 Feature A 2.1/2014 Feature B 3.6/2012 Feature C 8. What does a PPA Need? 9. What do You Need in a PPA? 1. Iden0fy the cool part 2. Draw pictures include the cool part 3. Describe the cool part and how it works and how all the parts relate to each other. 4. Send it in properly 10. What do You Need for a PPA to be useful ? By law: 1. A wriNen descrip0on, with drawings as needed. 2. The document as a whole teaching someone in the eld how to make and use the WARN-inven0on-WARN. 3. The best way you think (now) it is to make or use it. 11. Tonights actual Topic How to write it a.Understand it yourself b.Come up a few candidates for the cool part c. Write and draw a descrip0on of one specic version d.Explain possible varia0ons of that version e.Write and draw a descrip0on of a 2nd specic version f. Explain possible varia0ons of the 2nd version g. And so on 12. What is the cool part? Not the overall benet, the structures that allow it to have that benet. Only version that is hands free no Achieve hands free opera0on by using a suc0on cup - yes Need to have knowledge as to what has been done already 13. Hands-free Paper towel dispenser 1938 You only touch the sheet you are going to pull out. 14. Hands-free Paper towel dispenser Foot pedal 15. Hands-free Paper towel dispenser Its a sofware problem 16. Hands-free Paper towel dispenser BeNer analysis of the signal from the sensor to be sure it is a person 17. Hands-free Paper towel dispenser It is a motor control problem 18. Broad or Specic? Both Broad in thinking about mul0ple specic versions 19. The thing signg in front of you - - is not your inven0on, it is an embodiment of a set of concepts that are broader than any specic embodiment. Figure out what they are and generate addi0onal embodiments, including lame ones if needed. 20. Drafing Sugges0ons Explain it to someone else only using the drawings you made as visual aids. Helps iden0fy need for more or dierent drawings. For each version rst describe the en0re structure and then explain the opera0on aferwards. 21. Drafing Sugges0ons Give every component a par0cular name and s0ck to that name in the descrip0on. Each component should really also have a reference number. Make a parts list. 22. Drafing Sugges0ons Do not disparage previous work of yours or others. 23. Please do not use patentese. Prior Art means something OK to use against me Calling something Prior Art can make it admiNed prior art when it otherwise would not be. Stay very far away from means. I know what means means but you probably dont. Also many US District Court Judges do not appear to either. Member, structure, element, mechanism all mean approximately thingy 24. Avoid Patent Profanity It may not bite you in a provisional but professionals are busy making lists of words like: cri0cal, important, WARN-inven0on-WARN, always, must, only and requires and segng up their edi0ng programs to ag them. 25. SubmiNal Must use a Provisional Cover sheet. Make sure your address is correct. If by mail Use USPS Express Mail. If possible follow the USPTO procedures Can be uploaded. Google USPTO EFS-Web. 26. Provisional Cover Sheet 27. A Year is Very Short 28. Good Luck George White