First to Invent

Abstract Idea, Claims, disclosure of invention, enablement, First to File, First to Invent, Foreign patent protection, International Patent Protection, Inventor, novelty, obviousness, Patent Application, Patent Cooperation Treaty, patent search, Patent, Patent Application, Invention, prior sale, Protecting IP, provisional application, publication, specification, Utility Patent

Is It Patentable? III

Posted by dmcewing on June 17, 2021 | Leave a comment

Introduction: Is it patentable?  An inventor is entitled to a patent unless the invention is not patentable subject matter (Section 101), is not novel (Section 102) or is obvious (Section 103).  I have discussed what is and is not patentable subject matter.  See my posts of Patenting Computer Software and Avoiding Unpatentable Ideas.  I have…

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disclosure of invention, enablement, First to File, First to Invent, Inventor, Laboratory Notebook, Patent Application, Provisional Applicationns, PTAB

Stolen Invention! UPDATE

Posted by dmcewing on October 3, 2020 | Leave a comment

  Introduction: I very recently published a post entitled Stolen Invention!  (Click on “post” to see the linked article)  The post discusses the USPTO Derivation Proceedings.  Derivation Proceedings are the mechanism for invention ownership dispute resolution between conflicting parties are resolved.  My post urged two things: First, I recommended patience if you are unfortunate and…

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enablement, First office action, First to Invent, Foreign patent protection, Funding, internet, novelty, obviousness, patent, Patent Application, Patent claims, patent search, Patent, Patent Application, Invention, prior sale, Protecting IP, provisional application, Request for Continued Examination, Restrictions, Utility Patent

Sample Patent Flow Chart

Posted by dmcewing on September 22, 2020 | Leave a comment

Introduction: Attached below is a sample patent flow chart.  I start with the inventor’s conception of the idea.  Included are the steps to be taken to reach the point of possible patent filing.  (Note my sample assumes that a provisional application is filed first.  However it is possible to go directly to the Non-provisional application…

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disclosure of invention, drawing, First to File, First to Invent, Foreign patent protection, International Patent Protection, micro-entities, Oath of inventor, Patent Application, Patent claims, prior sale, Protecting IP, provisional application, Provisional application filing fees, publication of application, specification

What NOT To Do Before You File

Posted by dmcewing on August 31, 2020 | Leave a comment

Introduction This is an update of my previously published WARNING.  If you have made an innovation, you don’t want to lose the right to ownership of your invention and the opportunity to exploit it for possible income. The easiest way to lose your rights is to make a public disclosure of the innovation. Public disclosure…

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Confidential Data, First to File, First to Invent, Inventor, Laboratory Notebook, patent, Patent Application, Protecting IP, provisional application

Documenting Inventions

Posted by dmcewing on March 4, 2019 | Leave a comment

Introduction Since 2013, the United States has been a “First to File” jurisdiction.  Prior to 2013, the US patent law awarded patents to the first inventor, rather than the first inventor to file.  Previous to this change, it was accepted practice that researchers/inventors maintain documentation of their development efforts.  Documenting inventions however remains important. Typically, documentation involved maintaining…

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