The Complete Patent Kit

by Rogers, James L.

• ISBN13: 9781572485143
• ISBN10: 1572485140
• Format: Paperback
• Copyright: 2005-12-15
• Publisher: Sourcebooks Inc

Summary

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. Book jacket.

Table of Contents

How to Use the CD-ROM	ix
Using Self-Help Law Books	xi
Introduction	xv
Section 1: Before You File Your Application
Overview of the Patent Process	3	(12)
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
Further Information
Other Tools for the Patent Holder	15	(12)
Copyrights
Trademarks
Trade Secrets
Confidentiality Agreements
Joint Ownership Agreements
Disclosure Document Program
Requirements for Obtaining a Patent	27	(14)
Novelty
Obviousness
Written Description Requirement
Enablement
Best Mode
Utility
Searching for Prior Art	41	(14)
The Importance of a Prior Art Search
Simple Searches for Free
Fee-Based Searching
Extensive Patent Searching at the PTO
Documenting Your Search
Section 2: Filing Your Application
Drafting Your Patent Application	55	(22)
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, a Table, or a 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
The Most Important Part of the Application: Claims	77	(24)
Claim 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
Completing Your Application	101	(16)
Utility Application Transmittal Form
Fee Transmittal Form
Application Data Sheets
Oath or Declaration
Information Disclosure Statement
Cover Letter
Postcard
Sending Your Patent Application
Final Checklist
Preparing Other Types of Applications	117	(18)
Design Patent Applications
Provisional Applications
Continuation Applications
Continuation-in-Part Applications
Divisional Applications
Request for Continued Examination
Claiming Priority to Earlier Applications
Filing Your Application Abroad	135	(24)
Patent Cooperation Treaty
Overview of the PCT Process
Preserving Foreign Filing Rights
PCT Timeline
Other Foreign Filing Routes
Section 3: After You File Your Application
The PTO's Response to Your Patent Application	159	(20)
Corresponding with the PTO
Checking the Status of a Patent Application through Pair
Length of Time to Approve Application
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
Amending or Modifying Your Application	179	(18)
Making Amendments to Your Application Data Sheet
When You Can Amend Your Specification
Format of Your Amendment
Examiner Amendments
Correcting Inventorship
Dealing with Preliminary Examination Communications	197	(6)
Notices that Relate to an Incomplete Application
Notice of Incomplete Reply
Restriction Requirement
Overcoming Novelty and Obviousness Rejections	203	(26)
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)
How to Overcome Other Types of Rejections	229	(20)
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 4: After Your Patent Issues
Maintaining and Correcting Your New Patent	249	(10)
Labeling Your Products
Correcting Minor Mistakes
Maintenance Fees
Reissue of Your Patent
Monitor Your Competitors	259	(10)
People You Should Rely On
What Competitive Intelligence Uncovers
Tools for Competitive Intelligence
Organize and Analyze Your Intelligence
Strategic Planning
Patent Infringement	269	(12)
Start with Your Independent Claims
Construe Your Claims
Determining Infringement
Contributory Infringement
Relief for Patent Infringement
Commercializing Your Invention through Licensing	281	(14)
Why License
Types of Licenses
Determining Royalties
Finding Prospective Licensees
Choosing the Best Licensees
Approaching Your Licensee
The License Agreement
Recording License Agreements
Alternative Ways to Commercialize Your Invention	295	(6)
Doing Everything Yourself
Selling Your Invention Outright Using an Assignment
Determining Whether to Sell
When an Invention Can Be Assigned
Assigning Patent Rights
Recording
Strategies for Product Commercialization	301	(4)
Consider a Unique Design
Price
Limited Life Terms
Choose Catchy Names and Logos
Develop a Website
Align Yourself with Key Partners
Conclusion	305	(2)
Glossary	307	(10)
Appendix A: Important Addresses and Telephone Numbers	317	(6)
Appendix B: Additional Resources	323	(8)
Appendix C: Sample Patent Application	331	(12)
Appendix D: Sample Design Patent	343	(8)
Appendix E: Forms	351	(44)
Index	395	(10)
About the Author	405