Showing posts with label USPTO. Show all posts
Showing posts with label USPTO. Show all posts

Friday, December 12, 2008

Patents

Chase Pruitt, MGT 386, December 11, 2008

When someone gets a great idea for an invention of some sort and is serious about making it a reality, then they should seriously consider filing for a patent. Wikipedia states that, “a patent is a set of exclusive rights granted by a state to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an invention”. So basically a patent is a legal right that gives the creator protection from other people who might try to mimic or copy the invention. Legally filing for a patent is not necessary when inventing something but would be highly recommended. This is just to protect your work from being copied and sold by someone else before you had a chance to claim it as your own. Obtaining a patent can be expensive and usually requires the services of a patent attorney who can walk you through the steps of evaluating your product and assist you in the patent acquisition process.

There are twelve steps in acquiring a US patent according to enzinearticles.com. The first step in this process is preparation and submission of the idea in written form to designated company managers. This is simply to get all your ideas and patent proposal in an organized written form. The second step is to have your proposal reviewed by the designated company mangers of the disclosed idea or innovation for potential commercial worth and value. This step is just so that the managers can decide if they feel the idea warrants a patent license. Thirdly, if the patent council is still interested in the idea then they will draft a summary evaluation of the disclosed idea or innovation of its technical working essentials and assess whether these essentials might meet the patent merit requirements of utility and novelty. Next, if the panel continues on with the procedure then it’s up to the company managers to make a review and decide whether and how to proceed with commercial development of the idea or innovation and also whether or not to seek patent protection for the innovation based on patent counsel’s summary evaluation. Following these steps comes a very important one in which there will be an in-person meeting between the inventors, patent counsel, and company mangers in order to determine and decide what is or should be the broadest possible scope for the innovation in commercial and non-commercial terms. This meeting will also consist of discussion topics such as detailing and characterizing inventorship, the number and types of commercial formats, kinds of variations, preferred embodiments and minimum essential parts, operation limits and optimal use ranges. Needless to say, this is an extremely import step in the patent process because of the magnitude of topics being discussed in a face to face environment. Once all these details get ironed out, then it is time to prepare and submit to the patent council a complete and full written description of the invention prepared by the inventors which will provide sufficient technical detail, relevant drawings, useful background information, a listing of unexpected benefits and desirable advantages, and the relevant prior art for patent text purposes. Once everything gets organized, drafted, and submitted, the patent council will prepare and distribute a first draft text to the named inventors and designated company managers. Upon receiving this, the inventors and designated company managers will read and revise the document and send it back to the patent council. Now, with the input and revisions of both parties, a second and final draft will be constructed. A receipt consisting of the final needed changes will be given by the patent counsel to the inventors and will be submitted to the U. S. Patent Office. Finally, a completed submission of the fully approved patent application manuscript, supporting formal documents and requisite fee payments can be sent to the U.S. Patent office.

Thursday, December 11, 2008

Patents. What are the steps to filing for a patent? Is a patent search necessary or recommended?

Elisha Baity, MGT 386, December 10, 2008

A patent is a property right to the inventor of a product that is issued by the U.S. Patent and Trademark Office (www.uspto.gov). The patent grants exclusion of others making, using, offering for sale, or selling an invention in the U.S. or importing the invention into the U.S. (www.uspto.gov). To obtain a patent, an application needs to be filed with the U.S. Patent and Trademark Office (www.uspto.gov).

There are twelve major steps in filing a U.S. Patent application. The steps are as follows (Prashker, 2006):
1. Inventor needs to prepare and submit a written disclosure to company managers of the idea or innovation for review and summary evaluation.
2. Company managers need to review the written disclosure for potential commercial worth and value.
3. Patent counsel prepares a summary evaluation of the written disclosure, identifying technical working essentials and to make sure the essentials meet patent merit requirements.
4. Review the summary evaluation and decide patent protection actually needs to be sought
5. Hold a meeting of the inventor/creator(s), patent counsel, and company managers to determine the scope of the idea in commercial and non-commercial terms. Also, at this meeting, there needs to be details of the inventorship, operation limits and optimal use range.
6. Inventor/creator needs to prepare and submit a full written description of the invention, giving sufficient detail, relevant drawings, useful background information, a list of advantages and a list of unexpected benefits.
7. Patent counsel needs to prepare and distribute the first draft of the patent application to the inventor/creator and company managers.
8. The inventor/creator need to review the first draft patent application text and return the revision to the patent counsel
9. Patent counsel needs to comment and make changes on the revised patent application.
10. After the patent counsel has made comments and additional changes and the final draft has been approved, the manuscript is ready to be sent (with formal supporting documentation and requisite fees) to the U.S. Patent Office.
11. The supporting documents are completed by the patent counsel.
12. Final approved application (approved by patent counsel), supporting documents and fees are sent to the U.S. Patent Office. A serial number is issued along with a filing date for patent purposes.

The patent process is somewhat intensive. Therefore, it is important to do a patent search before embarking in the timely and costly process. It is important to make sure no one else has already patented the idea (www.patensearchexpress.com/patent_search.html). Also, a patent search will prevent lawsuits from violating another person’s patent. One can also read similar patents to their product to find ways to improve the design. Also, a patent search helps reduce the risk of another inventor invalidating the product (during the process, the similar patents should be checked to see what they cover). Lastly, a strong patent search will help determine if the idea can be patented and licensed.


www.patensearchexpress.com/patent_search.html. Retrieved December 10, 2008.

Prashker, David (2006). Twelve Steps To Filing A U.S. Patent Application. Ezine Articles. Retrieved December 10, 2008, from www.ezinearticles.com.

www.uspto.gov. Retrieved December 10, 2008.

Tuesday, December 9, 2008

Protecting Trademarks and Service Marks

Destin Rice, MGT 386, November 23, 2008

Because of the high level of competition in the business world, many companies and organizations choose to protect their products and services with trademarks and service marks. Trademarks include “any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods” (UPTO, 2008). “The owner of a trademark has exclusive right to use it on the product it was intended to identify and often on related products. Service-marks receive the same legal protection as trademarks but are meant to distinguish services rather than products” (Cornell). In order for a business to protect its trademarks and service marks, the business must comply with several requirements and follow a certain process.

Protecting trademarks and service marks does not require that the trademarks and service marks be federally registered. However, if a company chooses to federally register its trademarks and service marks it may reap a magnitude of benefits. Examples of benefits include a “constructive notice nationwide of the trademark and service mark owner’s claim; evidence of ownership; jurisdiction of federal courts may be invoked; registration can be used as a basis for obtaining registration in foreign countries; and registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods” (USPTO, 2008).

A company may register its trademarks and service marks by “accessing forms through the Trademark Electronic Application System (TEAS)” (USPTO, 2008). TEAS can assist a business in filing an “application for registration of a mark, response to examining attorney’s office action, notice of change of address, amendment to allege use, statement of use, request for extension of time to file a statement of use, affidavit of continued use under 15 U.S.C 1058, and an affidavit of incontestability under 15 U.S.C. 1065” (USPTO, 2008). One may find assistance by visiting USPTO’s Web site or by searching additional Web sites for trademark and service mark information.

Several requirements exist in order to obtain a filing date. A company of person must include the “name of the applicant, a name and address to which the USPTO should send correspondence, a clear drawing of the mark, a listing of the goods or services, and the filing fee for at least one class of goods or services” (International, 2008). Information concerning fees may be found on the USPTO Web site.

While the process of registering each mark may be time consuming and require a company or organization to participate in additional paperwork, the benefits of a registered trademark may be seen in a timely manner on the company’s balance sheet. Trademarks and service marks give companies and corporations a competitive advantage that may make a difference in the success of the business.

Works Cited

Cornell University Law School. Trademark Law: An Overview. Retrieved November 25, 2008,from http://topics.law.cornell.edu/wex/Trademark

International Trademark Association (2008). Filing a Trademark Application in the United States. Retrieved November 25, 2008, from http://www.inta.org/index.php?option=com_content&task=view&id=182&Itemid=59&getcontent=1

United States Patent and Trademark Office, (2008). Retrieved November 25, 2008, from
http://www.uspto.gov/main/trademarks.htm

Filing for a patent

Destin Rice, MGT 386, November 23, 2008

If a company depends strictly on the products it sells and/or the services it delivers, the company should consider protecting the physical and intellectual products from potentially falling into the hands of competitors. In order to prevent this occurrence, “The Patent and Trademark Office, which falls under the umbrella of the Department of Commerce, is designed to promote businesses by giving inventors the right to their discoveries” (Holmes, 2003).

Filing for a patent under The Patent and Trademark Office will ensure that competitors don’t use the technology unless they buy the right to use it from [the company]” (Holmes, 2003). The process of filing for a patent includes a process of several steps. First, one must file a Utility Patent Application. “Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof” (United States, 2008). Other patent classifications include design patents and plant patents, which include applications apart.

A Nonprovisional Utility Patent Application requires that all information be in English on the standard size 8 1/2 x 11inch paper. There must be a left margin of at least 1 inch. “A Nonprovisional Utility Patent application must include a specification, including a claim or claims; drawing, when necessary; an oath or Declaration; and the prescribed filing, search, and examination fees” (United States, 2008).

A transmittal form or transmittal letter that instructs the USPTO as to what actual types of papers are being filed must accompany the completed application. This letter names the applicant, the type of application, the title of the invention, the contents of the application, and any accompanying enclosures” (United States, 2008). A Fee form, application data sheet, and specification sheet should also be included. It is important to note that the title of the invention should appear as the heading on the first page of the specification letter.

Included in the form sheets, data tables, and specification outlines should be cross-references, statements regarding federal sponsorship, a summary of the invention, several different views of the invention, drawings, graphic forms, alternative positions, and legends and symbols.

In order to ensure that you are not infringing upon someone else’s patent, one may consider exploring information on actual patents online. Information on actual patents as well as applications that have recently been filed may be found online. This search is recommended in order to make sure no other company has beaten you to the process and to ensure that your company is a step ahead of the competitor. Each Tuesday, new patents are published by USPTO and may be seen on a variety of web sites. An average of 3500 patents are published every week, all of which have “gone through a strict regime of patent prosecution, and are found to satisfy all patenting conditions” (Free Patents, 2008).

Although it may be intimidating and prove to be a long and tedious process, obtaining a patent is beneficial to companies. The inquiry of the patent may inevitably help the company surpass its competition and bring in additional revenue for longer periods of time.


Citations

Free Patents Online (2004-2008). Retrieved Nov. 21, 2008 from
http://www.freepatentsonline.com/uspatents.html

Holmes, Tamara E. (2003). U.S. Patent and Trademark Office: Protecting Your
Business/Es Property. Retrieved on November 21, 2008 from
http://www.nfib.com/object/3783321.html

United States Patent and Trademark Office (2008). Retrieved November 21, 2008 from
http://www.uspto.gov/main/patents.htm

Patents

Patents

Christopher Black, MGT 386, 12/04/2008

A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office (http://www.uspto.gov/go/pac/doc/general/#patent). Technically a patent is used in order to make sure that other people cannot use your invention for any reason. After receiving a patent you have 17 years from the date the application was filed. These patents are only enforced within the borders of the United States. Typically there are three different types of patents. Utility patents are those that are granted to an inventor or a person that discovers any new process, machine, composition of matter, or improvement of any kind. Design patents are used for a case when a person invents a new article of manufacture and a plant patents is granted for a discovery or new invention of a plant and asexually reproduces it. After an inventor has established a product it is important to make sure that they follow the proper guidelines to protect the product. It can be expensive and usually requires a patent attorney. To receive a U.S patent there are twelve steps that should be taken for the inventors safety. For example, the inventor of the memory card, data exchange system, and date exchange method that filed for the patent November 27, 2008 had to follow these next steps (http://www.freepatentsonline.com/y2008/0295180.html). First, preparation and submission of a disclosure in written form to designated company managers of the idea for initial review and summary evaluation. It is then reviewed by designated company managers of the idea and then its technical working essentials are identified and determined if they meet the patent merit requirements. The company managers then decide whether and how to proceed with commercial development of the idea and whether or not to seek patent protection. Next, an in-person meeting with the inventor, patent counsel, and company managers is held to help determine and decide what is or should be the broadest possible innovation in commercial and non-commercial terms; and to detail and characterize inventorship, the number and types of commercial formats, kinds of variations, preferred embodiments and minimum essential parts, operation limits and optimal use ranges. Then, the first draft text of the patent application is prepared, revision of the first draft, a second draft is prepared and the final changes are made to the application. Lastly, the required documents and fee payments are submitted along with the final approved patent application manuscript (http://ezinearticles.com/?Twelve-Steps-To-Filing-A-U.S.-Patent-Application&id=253307.). This total process results in at very least 58 hours of time and $9,360. A patent search is not necessary but is highly recommended. In order to receive the proper credit for your product a patent is necessary. Receiving a patent is hard work, expensive, and time consuming but in the end it is worth it.

Steps to File for a Patent

-Steps to file for a patent-

By Melanie Brown, MGT 386, 12/5/2008

1. You must have a title for an invention
2. An attorney docket number is not required but may help when searching for the patent application
3. First name of the inventor.
4. There is an option for a middle name but it is not required.
5. Last name must be provided
- Each inventor must be named, using the steps listed above, but the first name will be the first named inventor.
6. A correspondence address must be provide if the eFiler does not have a customer number
-customer numbers will be provided by the USPTO and are used to simplify the submission of an address change, to appoint a practitioner, or to designate the fee address for a patent.
7. List the files that need to be submitted. Files that are submitted must be in .pdf, .txt, or .zip format.
-you must select the option yes or no if your .pdf file has multiple documents.
8. Use the category box to describe the document overall.
9. The document description box is provided to describe all the form and documents that are received and processed in the USPTO. The descriptions should have corresponding document code which are established and managed in IFW.
10. You are given the option to review your files and attach more files if needed.
11. Select your current business is a large entity or small entity.
12. Select if you are changing your business size from a large entity or small entity, or visa versa.
13. Select all patent application filing fees that apply to you.
14. Select all claims that apply to your application as well.
15. Select your petition filing fee that apply to your application.
16. Confirm and submit your application.
17. Pay fees
18. Confirm the method of payment you have chosen.
19. Save and/or print out receipt.

http://www.uspto.gov/ebc/portal/sandbox/efs0-3-0.htm


I believe that a patent search is necessary. You have to be extremely detailed when filing for your patent. You also need to know if someone else has already had any of the same idea as you. Also being more detailed keeps other people from using your ideas. The more detailed you can be the better off you will be.