Introduction: Unless you expressly opt out, your non-provisional application will be published 18 months after the application filing date. Note if your non-provisional application claims priority to a prior provisional application, the 18 months are calculated from the filing date of the provisional application. Thus, your application can be published as soon as 6 months after filing….
patent
WHAT NOT TO DO BEFORE YOU FILE
Introduction In many circumstances, once the innovative horse has galloped out (or been lured out) of the barn, it is impossible to lead it back. Note also, that even your own offer to let the horse out of the barn or offer to sell the horse, sight unseen, to a potential buyer, can jeopardize patent…
Trade Secrets vs. Patenting
The Continuing Dilemma: Trade Secrets (Hidden Use) vs. Patent (Disclosed Monopoly) Disclaimer: I am biased against protecting know-how as a trade secret. I participated in a 3 years chase of ex-employees turned competitors utilizing a trade secret manufacturing technique. The burden of establishing the fact that the technique (consistently held behind the curtain and protected as the…
REQUIREMENTS FOR A PATENTABLE INVENTION
Introduction As mentioned in “What Is A Patent”, a development must be novel, useful and non-obvious to persons skilled or knowledgeable in the applicable technology or art. Novelty To comply with the requirement that the development be novel, the invention must not have been known or used by others in the U.S. or patented or…
PRIORITIZED EXAMINATION
Introduction The USPTO is sensitive to the time delays experienced in the prosecution of patent applications. Prosecution of a utility application can exceed two to three years. The Patent Office has tried various methods to accelerate the process. For example, certain medical applications, environmental applications, and elderly inventors can receive priority. The Patent Office now…
PATENT APPLICATION
Introduction There are three (3) types of patents. The most common and most valuable is a utility patent. There are also design patents and plant patents. This article discusses utility patents. Utility Applications for Patents A utility patent application contains a large quantity of written text, often supplemented with drawings, that are specific to the…
CHALLENGES TO YOUR PATENT
YOU MAY HAVE A PATENT BUT THERE ARE STILL SHARKS IN THE WATER. After you have achieved the award of a patent, you may still be subject to challenge from competitors. Post Grant Review Part of the America Invents Act or AIA the USPTO established a procedure called a Post Grant Review. The procedure gives…
REPRESENTATIVE PATENTS
6,597,177 Through Casing Resistivity Measurement In Permanently Installed Downhole Production Environment. A tool installed within a well casing that can saturate a portion of the casing with magnetic flux and send an oscillating magnetic flux that can be used for resistivity measurement of the adjacent geologic formation. 6,630,831 Measurement of Electrical Properties Through Non Magnetically…
STRATEGIC USE OF EXAMINER CREDITS
WHY DOES THE PATENT EXAMINER HATE ME? Introduction The patent examiner determines the fate of your patent application. In reality, you have no ability to request a different examiner or complain to the examiner’s boss. The only feasible remedy to get around an unreasonable examiner (an examiner that is either unable or unwilling to accept…
RESTRICTION PRACTICE III
RESTRICTION PRACTICE III MPEP §806.5 pertains to combinations of embodiments such as an apparatus and method of utilizing the apparatus. Alternatively, it may pertain to a process and a method for practicing the process. The section also pertains to combinations and sub-combinations. (This arcane subject matter. I have borrowed heavily from the text of the…