Patent it yourself : your step-by-step guide to filing at the U.S. Patent Office

Select an Action

Title:

Patent it yourself : your step-by-step guide to filing at the U.S. Patent Office

Author:

Pressman, David, 1937-

ISBN:

9781413329971

Edition:

21st edition.

Physical Description:

576 pages : illustrations. charts ; 28 cm.

Contents:

Introduction to patents and other intellectual property -- The science and magic of inventing -- Documentation and the PPA -- Will your invention sell? -- Is it patentable? -- Search and you may find -- What should I do next? -- How to draft the specification and initial drawings -- Now for the legalese : the claims -- Finaling and filing your application -- How to market your invention -- Going abroad -- Getting the PTO to deliver -- Your application can have children -- After your patent issues: Use, maintenance, and infringement -- Ownership, assignment, and licensing of inventions.

Subject Term:

Patent practice -- United States -- Popular works.

Patent laws and legislation -- United States -- Popular works.

Genre:

Law for laypersons

Added Author:

Pressman, David, 1937-

Blau, David E.,

Added Corporate Author:

Nolo (Firm)

Summary:

For over 35 years, Patent It Yourself has guided hundreds of thousands of inventors through the process of getting a patent, from start to finish. Patent attorneys David Pressman and David E. Blau provide the latest information, forms, and clear instructions to help you.

Holds:

Available:*

Library	Call Number	Status
Searching... Park Grove Library (Cottage Grove)	346.730486 PAT 2023	Searching... Unknown
Searching... R.H. Stafford Library (Woodbury)	346.730486 PAT 2023	Searching... Unknown

Bound With These Titles

On Order

Summary

Protect and profit from your invention For over 35 years, Patent It Yourself has guided hundreds of thousands of inventors through the process of getting a patent, from start to finish. Patent attorneys David Pressman and David E. Blau provide the latest information, forms, and clear instructions to help you: conduct a patent search the right way evaluate your idea's commercial potential file a provisional patent application to get "patent pending" status prepare a patent application focus on your patent application's claims respond to patent examiners get your drawings done right protect your rights in foreign countries deal with infringers, and market and license your invention.

The 21st edition covers the latest court decisions and patent filing rule changes.

Author Notes

David Pressman has over 45 years of experience in the patent profession and is the author or coauthor of many patent-related books. He has worked as a patent examiner for the U.S. Patent and Trademark Office and as a university instructor.
David E. Blau is a patent attorney at Daly, Crowley, Mofford Durkee in Canton, Massachusetts, and is a member of the U.S. Patent and Trademark Office and Massachusetts bars. He received his J.D. from the Chicago-Kent College of Law with a certificate in Intellectual Property, and has practiced law in the Boston area ever since.

Your Legal Companion	p. 1
A You Don't Have to Use a Patent Attorney	p. 2
B A Layperson Can Do a Quality job	p. 2
C Using an Attorney	p. 2
D Should You Do It Yourself?	p. 2
E How to Use Patent It Yourself	p. 4
1 Introduction to Patents and Other Intellectual Property	p. 5
A Intellectual Property-The Big Picture	p. 7
B How Intellectual Property Law Provides Offensive Rights" (and Not Protection) to inventors	p. 9
C Alternative and Supplementary Offensive Rights	p. 9
D Patents	p. 10
E Trademarks	p. 19
F Copyrights	p. 23
G Trade Secrets	p. 28
H Unfair Competition	p. 32
I Acquisition of Offensive Rights in Intellectual Property-Summary Chart	p. 33
J Summary of Legal Remedies for Misappropriation of Various Types of Intellectual Property	p. 33
K Invention Exploitation Flowchart	p. 35
L Summary	p. 35
2 The Science and Magic of Inventing	p. 37
A What We Mean by "Invention"	p. 38
B Inventing by Problem Recognition and Solution	p. 39
C Inventing by Magic (Accident and Flash of Genius)	p. 42
D Making Ramifications and improvements of Your Invention	p. 43
E Solving Creativity Problems	p. 44
F Contact Other Inventors	p. 47
G Beware of the Novice Inventor's "PGL Syndrome"	p. 47
H Don't Bury Your Invention	p. 48
I Summary	p. 48
3 Documentation and the PPA	p. 49
A Introduction	p. 51
B Documentation Is Vital to the Invention Process	p. 51
C Documentation Has Legal Implications	p. 52
D Trade Secret Considerations	p. 52
E Record Conception and the Building and Testing of Your Invention	p. 53
F How to Record Your Invention	p. 54
G Another Way to Record Conception or Building and Testing-The Invention Disclosure	p. 60
H Don't Sit on Your Invention After Documenting it	p. 62
I Don't Use a "Post Office Patent" to Document Your Invention	p. 62
J The Provisional Patent Application-A Substitute for Building and Testing, With Some Disadvantages	p. 62
K Summary	p. 83
4 Will Your Invention Sell?	p. 85
A Why Evaluate Your Invention for Salability?	p. 86
B Start Small But Ramp Up	p. 86
C You Can't Be 100% Sure of Any Invention's Commercial Prospects	p. 87
D Take Time to Do a Commercial Feasibility Evaluation	p. 87
E Check Your Marketability Conclusions Using the Techniques of Consultation and Research	p. 94
F Now's the Time to Build and Test It (If Possible)	p. 96
G The Next Step	p. 98
H Summary	p. 98
5 Is It Patentable?	p. 99
A Patentability Compared to Commercial Viability	p. 101
B Legal Requirements for a Utility Patent	p. 101
C Requirement #1: Subject Matter Eligibility	p. 103
D Requirement #2: Utility	p. 107
E Requirement #3: Novelty	p. 110
F Requirement #4: Nonobviousness	p. 115
G The Patentability Flowchart	p. 127
H Don't Make Assumptions About the Law	p. 128
I Summary	p. 128
6 Search and You May Find	p. 129
A Why Make a Patentability Search?	p. 131
B When Not to Search	p. 133
C The Two Ways to Make a Patentability Search	p. 134
D The Quality of a Patent Search Can Vary	p. 134
E How to Hire a Patent Professional	p. 135
F How to Prepare Your Searcher	p. 137
G Analyzing the Search Report	p. 137
H The Scope of Patent Coverage	p. 149
I Do-It-Yourself (DIY) Computer Searching	p. 151
J Classification Searching	p. 156
K How To Computer Search	p. 167
L Problems Searching Software and Business Inventions	p. 170
M Summary	p. 170
7 What Should I Do Next?	p. 173
A Fig. 7A-Invention Decision Chart	p. 174
B Drop It If You Don't See Commercial Potential (Chart Route 10-12-14-X)	p. 174
C File an Application and Sell or License It If You See Patentability (Chart Route 14-16-18-20-22-C)	p. 176
D Manufacture and Distribute Your Invention Yourself, Keeping It as a Trade Secret (Chart Route 20-32-D)	p. 177
E File Patent Application and Manufacture and Distribute Your Invention Yourself (Trade-Secret Protectable Invention) (Chart Route 20-32-34-E)	p. 178
F File Patent Application and Manufacture and Distribute Invention Yourself (Non-Trade-Secret Protectable Invention) (Chart Route 20-32-34-E)	p. 179
G Try to Sell Invention to Manufacturer Before Obtaining a "Regular" Patent Application (Chart Route 10-12-14-16-18-B)	p. 179
H If You Have Commercial Potential Without Patentability, License or Sell Your Invention to a Manufacturer Without Filing (Chart Route 16-24-26-28-30-B)	p. 179
I Make and Sell Your Invention Yourself Without a Utility Patent Application (Chart Route 16-24-26-28-30-A)	p. 182
J Summary	p. 182
8 How to Draft the Specification and Initial Drawings	p. 183
A Lay Inventors Can Do It!	p. 185
B What's Contained in a Patent Application	p. 185
C What Happens When Your Application Is Received by the PTO	p. 187
D Do Preliminary Work Before Preparing Your Patent Application	p. 188
E Flowchart	p. 190
F Your Written Description Must Comply With the Full Disclosure Rules	p. 190
G Software, Computer-Related Inventions, and Business Methods	p. 194
H First Prepare Sketches and Name Parts	p. 196
I Drafting the Specification	p. 200
J Review Your Specification and Abstract Carefully	p. 214
K Checklist for Your Patent Application Draft	p. 215
L Specification of Sample Patent Application	p. 215
M Summary	p. 215
9 Now for the Legalese-The Claims	p. 233
A What Are Claims?	p. 235
B The Law Regarding Claims	p. 236
C Some Sample Claims	p. 239
D Common Misconceptions Regarding Claims	p. 244
E One Claim Should Be as Broad as Possible	p. 245
F The Effect of Prior Art on Your Claim	p. 246
G Technical Requirements of Claims	p. 248
H Drafting Your Main (Independent) Claim	p. 254
I Other Techniques in Claim Writing	p. 258
J Drafting Dependent Claims	p. 261
K Drafting Additional Sets of Claims	p. 267
L Checklist for Drafting Claims	p. 269
M Summary	p. 269
10 Finaling and Filing Your Application	p. 275
A The Drawings	p. 277
B Finaling Your Specification for Paper Filing	p. 289
C Finaling Your Specification for EFS-Web Filing	p. 308
D File the Information Disclosure Statement Within Three Months	p. 313
E Assignments	p. 318
F Petitions to Make Special-Getting Your Application Examined Faster	p. 320
G Filing a Design Patent Application	p. 326
H Summary	p. 329
11 How to Market Your Invention	p. 331
A Perseverance and Patience Are Essential	p. 333
B Overview of Alternative Ways to Profit From Your Invention	p. 333
C Be Ready to Demonstrate a Working Model of Your Invention to Potential Customers	p. 337
D Finding Prospective Manufacturers/Distributors	p. 338
E "NIH" Syndrome	p. 339
F The Waiver and Precautions in Signing It	p. 339
G The Best Way to Present Your Invention to a Manufacturer	p. 341
H Presenting Your invention by Correspondence	p. 343
I Making an Agreement to Sell Your Invention	p. 343
J Manufacturing and/or Distributing the invention Yourself	p. 343
K Summary	p. 346
12 Going Abroad	p. 347
A Don't File Abroad Unless Your Invention Has Very Good Prospects in Another Country	p. 348
B Foreign Filing: The Basics	p. 349
C The Paris Convention and the One-Year Foreign-Filing Rule	p. 350
D The World Trade Organization and TRIPS	p. 350
E European Patent Office/Europäisches Patentamt/Office Européen des Brevets (EPO)	p. 350
F The Patent Cooperation Treaty (PCT)	p. 354
G Non-Convention Countries	p. 356
H The Hague Agreement	p. 356
I The Early Foreign-Filing License or Mandatory Six-Month Delay	p. 357
J The Patent Laws of Other Countries Are Different	p. 357
K Ways to File Abroad	p. 358
L Rescind Any Nonpublication Request	p. 363
M Foreign-Filing Resources	p. 364
N Summary	p. 365
13 Getting the PTO to Deliver	p. 367
A What Happens After Your Patent Application Is Filed	p. 370
B General Considerations During Patent Prosecution	p. 374
C A Sample Office Action	p. 385
D What to Do When You Receive an Office Action (OA)	p. 391
E Format for Amending the Specification and Claims	p. 413
F Drafting the Remarks	p. 415
G Drawing Amendments	p. 423
H Typing and Filing the Amendment	p. 424
I If Your Application Is Allowable	p. 425
J If Your First Amendment Doesn't Result in Allowance	p. 427
K Derivation Proceedings	p. 432
L Defensive Publication	p. 433
M If Your Application Claims More Than One Invention	p. 433
N The Public May Cite Additional Prior Art Against Your Published Patent Application	p. 434
O NASA Declarations	p. 434
P Design Patent Application Prosecution	p. 435
Q What to Do If You Miss or Want to Extend a PTO Deadline	p. 435
R Summary	p. 436
14 Your Application Can Have Children	p. 439
A Available Supplemental Cases	p. 440
B Continuation Application	p. 442
C Request for Continued Examination (RCE)	p. 444
D Divisional Applications	p. 446
E Continuation-In-Part and Independent Applications	p. 448
F Reissue Applications	p. 450
G Defensive Publications	p. 451
H Substitute Applications	p. 451
I Double Patenting and Terminal Disclaimers	p. 451
J Summary	p. 452
15 After Your Patent Issues: Use, Maintenance, and Infringement	p. 453
A Issue Notification	p. 455
B Press Release and Marketing	p. 455
C Check Your Patent for Errors	p. 455
D Patent Number Marking	p. 456
E Advertising Your Patent for Sale	p. 457
F What Rights Does Your Patent Give You?	p. 458
G Be Wary of Offers to Provide Information About Your Patent	p. 459
H Maintenance Fees	p. 462
I Legal Options If You Discover an Infringement of Your Patent	p. 463
J What to Do About Patent Infringement	p. 464
K Product Clearance (Can I Legally Copy or Make That?)	p. 470
L How to Cite Prior Art and Other Information in Patent Applications and Patents	p. 473
M The Court of Appeals for the Federal Circuit (CAFC)	p. 475
N Jury Trials	p. 475
O Arbitration	p. 476
P How Patent Rights Can Be Forfeited	p. 476
Q Tax Deductions and Income	p. 476
R Patent Litigation Financing	p. 477
S Summary	p. 477
16 Ownership, Assignment, And Licensing Of Inventions	p. 479
A Inventor, Applicant, Owner	p. 480
B The Property Nature of Patents	p. 481
C Who Can Apply for a Patent?	p. 481
D Joint Owners' Agreement	p. 483
E Special Issues Faced by the Employed Inventor	p. 483
F Assignment of Invention and Patent Rights	p. 486
G Record Your Assignment With the PTO	p. 488
H Licensing of Inventions-An Overview	p. 488
I Universal License Agreement	p. 491
J How Much Should You Get for Your Invention?	p. 495
K Summary	p. 496
Appendixes
1 Abbreviations Used in Patent It Yourself	p. 497
2 Resources: Government Publications, Patent Websites, and Books of Use and Interest	p. 499
A Government Publications	p. 500
B Patent Websites	p. 500
Glossaries	p. 503
A Glossary of Useful Technical Terms	p. 504
B Glossary of Legal Terms	p. 510
4 Fee Schedule	p. 517
G Mail, Telephone, Fax, and Email Communications With the PTO	p. 519
A Patent and Trademark Office Mail Addresses	p. 520
B Patent and Trademark Office Telephones and Faxes	p. 521
6 Quick-Reference Timing Chart	p. 523
7 How to Use the Downloadable Forms on the Nolo Website	p. 525
A Editing RTFs	p. 526
B List of Forms	p. 526
Index	p. 529

Available:*

Bound With These Titles

On Order

Summary

Summary

Author Notes

Table of Contents

Helpful Links

Research Links

Contact

Events and Rooms

Follow Us

Today's Hours