OT: Anyone have experience submitting for a patent

[CA renter]

[quote=njtosd]I am a registered patent attorney – although I am not currently working (well, I’m a stay at home mom – people differ on whether that counts as work). Not meaning to give legal advice here, but here are a few things to consider:
As I’m sure you know, the patent process is long and involved, but the very first thing to remember is not to disclose your invention before getting your application on file. Although the U.S. allows you to file your application up to one year after a public disclosure (and the word “public” has a very specific definition) almost all other countries forbid filing on inventions that have been publicly disclosed (and they have a slightly different standard for what is a public disclosure).
And don’t let someone convince you that you can file something thrown together as a “provisional” application that can be cleaned up later in a non-provisional application. If you file a provisional, it should be of the same quality as a standard filing – although you need not include claims until you file the non-provisional.
You might want to get in touch with UCSD Connect (http://www.connect.org/). My husband (also a patent attorney) used to volunteer with Connect and it seems to be a really good organization. I know that they provide free business assistance to companies who want to capitalize on their IP, but I don’t know if they have people who can help with preparing and filing applications.
If you want to pm me I can give you some more info. And I agree that if at all possible, you’re better off manufacturing in the U.S.

If you’re interested in the patent system as a whole, you might also want to take a look at this article that I mentioned in another thread:

Inventing our Way Out of Joblessness (by Judge Paul Michel, U.S. Court of Appeals for the Federal Circuit, and Henry Northhaft)

The authors argue that returning $750 million (plus an additional $250,000) to the U.S. Patent Office would produce “over the next three years, at least 675,000 and as many as 2.25 million jobs. Assuming a mid-range figure of 1.5 million, the price would be roughly $660 per job — and that would be 525 times more cost effective than the 2.5 million jobs created by the government’s $787 billion stimulus plan.”

The article pointed to the Berkeley Patent Study, which supported the contention that each issued patent is associated with 3 to 10 new jobs.

Congrats for having the gumption to try to create something new. If everyone keeps trying to invest in someone else’s technology, we will eventually end up with a lot of investors and no technology to invest in.[/quote]

Great post.

I’m loving this thread. It gives me hope.

Good luck to you Trojan! Hope everything goes well with your patent, and that you find success with it. I’d really love to hear that you’ve chosen to manufacture in the U.S. as well. 🙂

[njtosd]

[quote=Trojan4Life]I was looking at the Legal Zoom site to form the corporation and saw that they also provide a lot of the patent services described in previous posts. Your thoughts on their product?[/quote]

I haven’t looked at Legal Zoom, but I can tell you this: drafting a good patent application is really hard. And I’m not saying that to be self serving – I did primarily litigation/licensing. One of the biggest hurdles is that it requires both scientific/logical reasoning and good writing ability. I would always recommend going and talking to an IP lawyer to make sure (among other things) that you don’t miss any important dates (if you miss a date you can lose all rights in your invention, and there is no way to fix it). Then, if you have the time and choose to do it yourself, I would read Landis on Mechanics of Patent Claim Drafting. The claims are the starting point of the application. Another good resource is Chisum on Patents (a multi-volume treatise).

But bear in mind the following quote from the U.S. Supreme Court in the case of Topliff v. Topliff (1892):

The specification and claims of a patent, particularly if the invention be at all complicated, constitute one of the most difficult legal instruments to draw with accuracy, and in view of the fact that valuable inventions are often placed in the hands of inexperienced persons to prepare such specifications and claims, it is no matter of surprise that the latter frequently fail to describe with requisite certainty the exact invention of the patentee, and err either in claiming that which the patentee had not in fact invented, or in omitting some element which was a valuable or essential part of his actual invention.

…

You’ll see this quote around a lot when it comes to patent drafting, and I think it is a true today as it was 120 years ago. But again, since I am not your attorney you really need to go find an IP lawyer to talk to. Most will sit down with you for a half hour or so free of charge.

[njtosd]

[quote=Trojan4Life]I was looking at the Legal Zoom site to form the corporation and saw that they also provide a lot of the patent services described in previous posts. Your thoughts on their product?[/quote]

I haven’t looked at Legal Zoom, but I can tell you this: drafting a good patent application is really hard. And I’m not saying that to be self serving – I did primarily litigation/licensing. One of the biggest hurdles is that it requires both scientific/logical reasoning and good writing ability. I would always recommend going and talking to an IP lawyer to make sure (among other things) that you don’t miss any important dates (if you miss a date you can lose all rights in your invention, and there is no way to fix it). Then, if you have the time and choose to do it yourself, I would read Landis on Mechanics of Patent Claim Drafting. The claims are the starting point of the application. Another good resource is Chisum on Patents (a multi-volume treatise).

But bear in mind the following quote from the U.S. Supreme Court in the case of Topliff v. Topliff (1892):

The specification and claims of a patent, particularly if the invention be at all complicated, constitute one of the most difficult legal instruments to draw with accuracy, and in view of the fact that valuable inventions are often placed in the hands of inexperienced persons to prepare such specifications and claims, it is no matter of surprise that the latter frequently fail to describe with requisite certainty the exact invention of the patentee, and err either in claiming that which the patentee had not in fact invented, or in omitting some element which was a valuable or essential part of his actual invention.

…

You’ll see this quote around a lot when it comes to patent drafting, and I think it is a true today as it was 120 years ago. But again, since I am not your attorney you really need to go find an IP lawyer to talk to. Most will sit down with you for a half hour or so free of charge.

[njtosd]

[quote=Trojan4Life]I was looking at the Legal Zoom site to form the corporation and saw that they also provide a lot of the patent services described in previous posts. Your thoughts on their product?[/quote]

I haven’t looked at Legal Zoom, but I can tell you this: drafting a good patent application is really hard. And I’m not saying that to be self serving – I did primarily litigation/licensing. One of the biggest hurdles is that it requires both scientific/logical reasoning and good writing ability. I would always recommend going and talking to an IP lawyer to make sure (among other things) that you don’t miss any important dates (if you miss a date you can lose all rights in your invention, and there is no way to fix it). Then, if you have the time and choose to do it yourself, I would read Landis on Mechanics of Patent Claim Drafting. The claims are the starting point of the application. Another good resource is Chisum on Patents (a multi-volume treatise).

But bear in mind the following quote from the U.S. Supreme Court in the case of Topliff v. Topliff (1892):

The specification and claims of a patent, particularly if the invention be at all complicated, constitute one of the most difficult legal instruments to draw with accuracy, and in view of the fact that valuable inventions are often placed in the hands of inexperienced persons to prepare such specifications and claims, it is no matter of surprise that the latter frequently fail to describe with requisite certainty the exact invention of the patentee, and err either in claiming that which the patentee had not in fact invented, or in omitting some element which was a valuable or essential part of his actual invention.

…

You’ll see this quote around a lot when it comes to patent drafting, and I think it is a true today as it was 120 years ago. But again, since I am not your attorney you really need to go find an IP lawyer to talk to. Most will sit down with you for a half hour or so free of charge.

[njtosd]

[quote=Trojan4Life]I was looking at the Legal Zoom site to form the corporation and saw that they also provide a lot of the patent services described in previous posts. Your thoughts on their product?[/quote]

I haven’t looked at Legal Zoom, but I can tell you this: drafting a good patent application is really hard. And I’m not saying that to be self serving – I did primarily litigation/licensing. One of the biggest hurdles is that it requires both scientific/logical reasoning and good writing ability. I would always recommend going and talking to an IP lawyer to make sure (among other things) that you don’t miss any important dates (if you miss a date you can lose all rights in your invention, and there is no way to fix it). Then, if you have the time and choose to do it yourself, I would read Landis on Mechanics of Patent Claim Drafting. The claims are the starting point of the application. Another good resource is Chisum on Patents (a multi-volume treatise).

But bear in mind the following quote from the U.S. Supreme Court in the case of Topliff v. Topliff (1892):

The specification and claims of a patent, particularly if the invention be at all complicated, constitute one of the most difficult legal instruments to draw with accuracy, and in view of the fact that valuable inventions are often placed in the hands of inexperienced persons to prepare such specifications and claims, it is no matter of surprise that the latter frequently fail to describe with requisite certainty the exact invention of the patentee, and err either in claiming that which the patentee had not in fact invented, or in omitting some element which was a valuable or essential part of his actual invention.

…

You’ll see this quote around a lot when it comes to patent drafting, and I think it is a true today as it was 120 years ago. But again, since I am not your attorney you really need to go find an IP lawyer to talk to. Most will sit down with you for a half hour or so free of charge.

[njtosd]

[quote=Trojan4Life]I was looking at the Legal Zoom site to form the corporation and saw that they also provide a lot of the patent services described in previous posts. Your thoughts on their product?[/quote]

I haven’t looked at Legal Zoom, but I can tell you this: drafting a good patent application is really hard. And I’m not saying that to be self serving – I did primarily litigation/licensing. One of the biggest hurdles is that it requires both scientific/logical reasoning and good writing ability. I would always recommend going and talking to an IP lawyer to make sure (among other things) that you don’t miss any important dates (if you miss a date you can lose all rights in your invention, and there is no way to fix it). Then, if you have the time and choose to do it yourself, I would read Landis on Mechanics of Patent Claim Drafting. The claims are the starting point of the application. Another good resource is Chisum on Patents (a multi-volume treatise).

But bear in mind the following quote from the U.S. Supreme Court in the case of Topliff v. Topliff (1892):

The specification and claims of a patent, particularly if the invention be at all complicated, constitute one of the most difficult legal instruments to draw with accuracy, and in view of the fact that valuable inventions are often placed in the hands of inexperienced persons to prepare such specifications and claims, it is no matter of surprise that the latter frequently fail to describe with requisite certainty the exact invention of the patentee, and err either in claiming that which the patentee had not in fact invented, or in omitting some element which was a valuable or essential part of his actual invention.

…

You’ll see this quote around a lot when it comes to patent drafting, and I think it is a true today as it was 120 years ago. But again, since I am not your attorney you really need to go find an IP lawyer to talk to. Most will sit down with you for a half hour or so free of charge.

[njtosd]

[quote=UCGal][quote=njtosd]I am a registered patent attorney – although I am not currently working (well, I’m a stay at home mom – people differ on whether that counts as work). [/quote]

For the record – as a mom who chooses to work outside the home because being a SAHM is too hard for me – you work!!!! I don’t have the temperament or skill set to be a successful SAHM. I have total admiration for those that do it well.[/quote]

I have admiration for those who do it well, too. I’m probably not one of them (especially if you take into account the numerous opinions of my kids). Seriously, though, I am probably going back to work at least part time some time in the next year. I’m a little concerned about it – I don’t tend to switch gears quickly, which has led my husband to call me dos girl. But I need a bit more mental challenge than arguing with my kids over whether perusing the Lego magazine satisfies their homework reading requirement.

[njtosd]

[quote=UCGal][quote=njtosd]I am a registered patent attorney – although I am not currently working (well, I’m a stay at home mom – people differ on whether that counts as work). [/quote]

For the record – as a mom who chooses to work outside the home because being a SAHM is too hard for me – you work!!!! I don’t have the temperament or skill set to be a successful SAHM. I have total admiration for those that do it well.[/quote]

I have admiration for those who do it well, too. I’m probably not one of them (especially if you take into account the numerous opinions of my kids). Seriously, though, I am probably going back to work at least part time some time in the next year. I’m a little concerned about it – I don’t tend to switch gears quickly, which has led my husband to call me dos girl. But I need a bit more mental challenge than arguing with my kids over whether perusing the Lego magazine satisfies their homework reading requirement.

[njtosd]

[quote=UCGal][quote=njtosd]I am a registered patent attorney – although I am not currently working (well, I’m a stay at home mom – people differ on whether that counts as work). [/quote]

For the record – as a mom who chooses to work outside the home because being a SAHM is too hard for me – you work!!!! I don’t have the temperament or skill set to be a successful SAHM. I have total admiration for those that do it well.[/quote]

I have admiration for those who do it well, too. I’m probably not one of them (especially if you take into account the numerous opinions of my kids). Seriously, though, I am probably going back to work at least part time some time in the next year. I’m a little concerned about it – I don’t tend to switch gears quickly, which has led my husband to call me dos girl. But I need a bit more mental challenge than arguing with my kids over whether perusing the Lego magazine satisfies their homework reading requirement.

[njtosd]

[quote=UCGal][quote=njtosd]I am a registered patent attorney – although I am not currently working (well, I’m a stay at home mom – people differ on whether that counts as work). [/quote]

For the record – as a mom who chooses to work outside the home because being a SAHM is too hard for me – you work!!!! I don’t have the temperament or skill set to be a successful SAHM. I have total admiration for those that do it well.[/quote]

I have admiration for those who do it well, too. I’m probably not one of them (especially if you take into account the numerous opinions of my kids). Seriously, though, I am probably going back to work at least part time some time in the next year. I’m a little concerned about it – I don’t tend to switch gears quickly, which has led my husband to call me dos girl. But I need a bit more mental challenge than arguing with my kids over whether perusing the Lego magazine satisfies their homework reading requirement.

[njtosd]

[quote=UCGal][quote=njtosd]I am a registered patent attorney – although I am not currently working (well, I’m a stay at home mom – people differ on whether that counts as work). [/quote]

For the record – as a mom who chooses to work outside the home because being a SAHM is too hard for me – you work!!!! I don’t have the temperament or skill set to be a successful SAHM. I have total admiration for those that do it well.[/quote]

I have admiration for those who do it well, too. I’m probably not one of them (especially if you take into account the numerous opinions of my kids). Seriously, though, I am probably going back to work at least part time some time in the next year. I’m a little concerned about it – I don’t tend to switch gears quickly, which has led my husband to call me dos girl. But I need a bit more mental challenge than arguing with my kids over whether perusing the Lego magazine satisfies their homework reading requirement.

[patb]

[quote=davelj]Where is Al Gore when we need him? He invented something… just can’t remember what it’s called… the inter-something. It’ll come to me.[/quote]

Don’t thread jack.

[patb]

[quote=davelj]Where is Al Gore when we need him? He invented something… just can’t remember what it’s called… the inter-something. It’ll come to me.[/quote]

Don’t thread jack.

[patb]

[quote=davelj]Where is Al Gore when we need him? He invented something… just can’t remember what it’s called… the inter-something. It’ll come to me.[/quote]

Don’t thread jack.

[patb]

[quote=davelj]Where is Al Gore when we need him? He invented something… just can’t remember what it’s called… the inter-something. It’ll come to me.[/quote]

Don’t thread jack.

[Author]

Posts