Category: Patenting

How To Perform a Free Patent Search
So you have created something fantastic but you don’t know if your invention is original enough to qualify for a patent. Before you spend hundreds (maybe thousands) of dollars submitting a patent application, you need a patent search performed to see if someone else has already patented your idea.

You may be put off, however, by the $500 or more (often much more) that it traditionally costs to hire a professional to do the search for you. Well, here is the solution – do a free patent search yourself.

Previously, cash-strapped patent applicants would be deterred from performing a patent search by the cost of hiring a professional. Today, thanks to the internet, you can easily perform your own free patent search without spending any money at all. The only requirements are a reasonable amount of patience and effort and an internet connection.

What follows is a brief overview of the recommended steps to perform a free patent search on the United States Patent and Trademark Office (USPTO) website. We start with the USPTO website because if someone else has already patented your idea in the United States, it should most likely show up here.

On the USPTO website you can find U.S. Patents from 1976 to present, published U.S. Patent applications from 2001 to present and perform bibliographic searches of all patents from 1790 to present. In addition, you can view, print and download any patent issued before 1976. It is important to note, however, that unpublished patent applications are unable to be searched at all.

If you don’t have an internet connection (which is unlikely are you’re reading this article), you can use the tools and resources available at a Patent and Trademark Depository Library (PTDL). A PTDL is a library designated by the USPTO to house copies of U.S. patent and trademark materials. There is at least one PTDL in every state and access is free to the public.

Getting Started at the USPTO

Before you get started with a free patent search, you may want to take some time to go over the resources available on the USPTO website. The USPTO has a tutorial here that can help you prepare to perform a free patent search on the site.

Searching the UPTO website

Step 1) Classifying your Invention

Before you even begin a free patent search, brainstorm important keywords that classify your invention. It may help to begin by writing a brief but accurate description. Pay attention to important keywords and technical terms that may apply to your invention. Use the following questions as a guide:
- What does it do?
- How does it do it?
- What is it used for?
- What is it the result?
- What solution does it provide?
- What is it made of?
In addition, it may also help to order your keywords from general to specific.

Next, visit the USPTO website and look up your keywords in the Index of the U.S. Patent Classification System (USPC). The USPC is an alphabetical index of common terms used to classify inventions. Take note of the class and subclass numbers that your keywords are associated with. These numbers are also known as “classifications” and will be very important to your search.

Now, go to the Class Schedule of the Manual of Classifications and make sure that the classifications that you noted are indeed relevant to your invention. Thoroughly scan each class schedule for relevancy, including both the main class and the indented subclasses. Read the class and subclass definitions. This will help you verify that your invention fits within the scope of the relevant class. The definitions will also provide you with notes and suggestions for further searching.

Step 2) Locating the Patents

Once you have identified the classes and subclasses that are relevant to your invention, use them to locate and review all the issued patents and published patent applications for each classification. Every patent from 1790 to present and all published patent applications from 2001 to present, for every classification, can be found here.

Step 3) Review and Reference

Review every patent that is closely related to your invention. View the drawings and read through the specification and claims sections. Pay very close attention to the claims, as they define the scope of the patent being reviewed.

Check each reference cited in the patent document. Make sure to include all “forward references” as well. Forward references are references to more current documents that cite the particular document being reviewed.

Also check the “U.S. Cl” and “Field Search” sections of each full-text documents to make note of any additional classifications that you need to search.

Step 4) Repeat

Finally, repeat this entire process for each patent referenced and every new classification searched. Make sure to make note of every potential patent or published application that may impact your ability to patent your invention. These will need to be cited in your completed patent application.

Other Free Patent Search Databases

In addition to the USPTO’s system, there are other websites that inventors can visit to perform a free patent search. The most prominent of these is Google Patents, where you can perform full-text searches of all US patents going back to the year 1790. Because of this aspect, many patent searchers prefer Google Patents to the USPTO website, where many of the older patents are not text-searchable.

Patent Lens is another free full-text free patent patent search information resource. Patent Lens allows you to search over 10 million full-text patent documents from the United States, Australian and European Patents offices, as well as international patent applications made through the Patent Cooperation Treaty (PCT).

Paid Searches

There are also a number of fee-based websites available for your use to do a paid search. These include:

Delphion Intellectual Property Network

Thomson-Reuters PatentWeb

QPAT

PatBase

Non-Patent Literature

The purpose of performing a free patent search is to discover any information (prior art) that might have relevancy to the patentability of your invention. This information, however, is not limited to patent literature. Therefore, your free patent search must also include a search of non-patent literature as well. This includes, newspapers, magazines, dissertations, conference proceedings, information published on websites, etc. Below is a list of useful resources available for locating non-patent literature:

Google Scholar

The Thomas Register

The US Defense Technical Information Center

In addition, search engines such as Ask.com, Cuil, Bing and Yahoo! Search are excellent resources for searching non-patent literature.

Offline

To located relevant trade magazines and books, the following directories may also prove useful:

BurrellesLuce

Directory of Books, Catalogs and Magazine Printers

Directory of Small Magazines Editors & Publishers

Free Patent Search Internationally

Finally, no comprehensive patent search is complete without a search of foreign patents and non-patent literature. The following sources will allow wide searches of foreign patent documents and non-patent literature:
- The European Patent Office (EPO) – has a worldwide database which enables you to do a free patent search for information regarding published patents in over 80 different countries.
- The World Intellectual Property Office (WIPO) – A United Nations agency that administers various international treaties dealing with intellectual property. Here you can search the bibliographic data regarding patent applications published by WIPO in the last 24 months.
Hopefully after all the searching, you will discover that your new invention is as innovative as you thought it was. But, always bear in mind that rarely will a search turn up everything relevant to a particular invention. Furthermore, it is not possible to examine unpublished patent applications at all. So, your free patent search should only be seen as a way to minimize, but not eliminate, the uncertainty of your invention’s novelty.
February 15, 2013
Patent An Idea In 5 Steps
Is it possible to patent an idea? “Patenting an idea” is one of the most commonly used expressions when someone wants to be granted a patent for something new that they have developed. However, an idea itself cannot be patented.

What is patentable is the physical manifestation of an idea or process. So when you say you want to “patent an idea”, what you really mean is that you want to be granted a patent for an invention or process that you have develop from your idea.

That being said, a patent for your “idea” will provide you with the exclusive right to exclude others from making, using, selling or importing anything that falls within the “claims” of your patent.

The 5 Steps To Patent An Idea

In order to patent an idea follow these five steps:

1. Determine If Your Idea Is Eligible for a Patent

In order to patent an idea it must be:

a. Novel (new) – something that has not been seen before.

b. Non-obvious – it must be more than just an obvious improvement on what already exist. It must result from a notably inventive process.

c. Useful – it must be able to be manufactured and do what you claim it does.

There are some ideas, however, that are always excluded from being patented. These include natural laws, physical phenomena, abstract ideas and inventions that are offensive to public morality. Patents are also unavailable for copyrightable material , such as, literary, dramatic, musical, and artistic works.

2. Perform a Patent Search

A patent search is a search of all available information, domestic and foreign, to determine if your idea has been patented, disclosed or otherwise seen before. This means searching all “prior art”, which includes prior patents, patents pending and published literature. An idea that has already been disclosed to the public is not considered new and therefore is not patentable. You can perform a patent search yourself using online search engines or you can employing a professional to do the search for you.

3. Determine Which Kind of Patent Your Idea Requires

There are three categories of patents:

a. Utility patents – the most common type of patent. It covers the functional element of a new invention like how it is used and works. For example, a new and useful tool for tightening screws might require a utility patent.

b. Design patents – covers aspects of an invention’s appearance, for example its shape and ornamental features. Consider the tool above, its shape, the material its made of and the ornamental grooves on its surface would be the objects of design patents.

c. Plant patents – only given to those who invent or discover new asexually reproduced plants.

Design patents are less expensive and typically much easier to obtain than utility patents. Utility patents, however, offer broader protection than design patents, which can make it more difficult for competitors to imitate your invention. It is very common for a single invention to carry a combination of both utility and design patents.

4. Decide How You Want To file

There are three filing routes you can choose from to patent an idea:

a. File a provisional patent which is valid for twelve months and can be considered a place-holder for a full patent application. It is less expensive, allows you to set an early filing date and to take up-to one year to file a non-provisional patent application.

For those who cannot immediately afford an attorney, or the costs of a non-provisional patent (which could reach thousands of dollars), a provisional patent provides two key benefits:
- You receive up to 12 months to find the money or negotiate any third party deals such as royalties and licensing fees which may finance the rest of the patenting process.
- You receive the earliest possible filing date for your invention. This is extremely important since in every country of the world (including the United States from March 16, 2013) the right to be granted a patent for a new invention goes to whomever files for the patent first.
b. File a non-provisional patent which is the basic patent for new invention in the United States and is valid from 14 -20 years, depending on the type of patent granted and your filing date.

c. Apply for an International patent via the Patent Cooperation Treaty (PCT). The PCT is an agreement between 146 nations around the world. It allows an applicant to file one application, in one language and at one patent office in order to receive patent protection in all of the member nations of the PCT agreement.

Filing under the PCT allows you to delay the cost of patenting for up to 30 months while you choose the particular countries in which you would like your invention protected. Its a very inexpensive way to both test the viability of patenting your invention abroad and ultimately to receive international protection.

5. File Your Application With The USPTO

a. Prepare the specification. The specification is an essential part of your patent.and contains the diagrams and detailed instructions on how to manufacture your invention.

b.Write the claims. The claims give a detailed description of how your invention works and are the most important part of your patent application. The claims define the scope of protection your invention will receive. Most patent violation center around the interpretation of the claims, so claims must be broad enough to prevent others from copying your invention, but not so broad as to cause your application to be rejected.

c. Submit the completed application. In addition to the documents above, various other data sheets, statements and forms must be filled-out. The amount of paperwork will vary depending on which type of patent you are applying for. All the forms are available on the United States Patent and Trademark Office (USPTO) website and you may submit your application via mail or electronically through the USPTO’s electronic filing system (EFS). Submitting your application via EFS is simple, secure and allows you to submit your application from anyplace with internet access. In addition, filing electronically is considerably cheaper than paper filing.

Depending on the kind of application and the technology involved in your invention, it may take up to three years for your patent to be granted. However, If you observe the guidelines for patenting, you should then be able to claim ownership of your patent and prevent others from making, using, selling or importing your idea, while you enjoy the exclusive right to exploit it for maximum financial gain.
February 8, 2013
How To File A Provisional Patent Application
Inventors have enjoyed the ability to file a Provisional Patent Application since June of 1995.

The United States Patent and Trade Mark Office (USPTO) created provisional patents to provide inventors with a low cost option for protecting their inventions and to give US inventors parity with foreign applicants.

This article examines the pros and cons of filing a provisional patent application and the steps needed to file one.

The Pros

Filing a provisional patents application is advantageous for the following reasons:
- Provisional patents are cheaper. A provisional patent application costs as little as $110, as opposed to the thousand dollars that a non-provisional application may ultimately cost you.
- They are easier, too. A provisional patent application does not require any formal patent claim, declaration, or disclosure statement.
- Provisional applications provide an early filing date. An early filing date will give you priority over those who file later applications for similar inventions. This will allow you time to build a working prototype and test your invention without the threat of losing your ability to receive a patent.
- Provisional patent applications allow the use of the term “Patent Pending” to discourage other inventors from copying your invention.
The Cons

Noted disadvantages of filing a provisional patent application include:
- Provisional patent applications do not become patents. If you do not apply for a non-provisional patent with 12 months of filing your application, the application will be abandoned and you will lose your filing date. In addition, if your invention has been “in use” during the 12 months, you may also lose the opportunity to ever patent your invention.
- Inaccuracies and omissions can be costly. An omission or error in your specification can result in your application being rejected or in the need to file an additional application to cover the omitted aspects of your invention.
Filing A Provisional Patent Application

Filing a provisional patent application with the USPTO is a fairly simple process and most applicants can complete the process in one day. To file a provisional patent application you need to do the following three things:
1. Perform a patent search
2. Prepare a description of your invention
3. Fill in the required forms and file them with the USPTO
1. Performing the Patent Search

To receive a patent for your invention, it must embody an “original” idea. So in order to avoid wasting time and money attempting to patent something that is not patentable, you should first perform a patent search. A patent search examines all “prior art”. Prior art can be defined all previous development known to the public. Your search should include prior patents, patent publications and any publicly available literature regarding the sale or development of similar inventions.

At this stage, your search does not need to be very in-depth. You can easily perform a preliminary patent search via the internet. Later, prior to filing your non-provisional patent application, you can hire a professional to perform a more thorough search.

2. Prepare a Description of Your Invention

The description that you provide the USPTO must describe in detail exactly what your invention is, what it does and how to make it. Your invention must be described in such detail that any person trained in the relevant field would be able to reproduce it. This is needed to indicate exactly what it is your future patent will protect.

You must describe your invention in writing along with any drawings, figures or photographs necessary for understanding the invention. Your description must comply with all formal legal requirements and answer the following questions:
- What is your invention called?
- Was it created under a government contract?
- What are the names of the inventors?
- What does your invention do?
- What drawings, figures or photographs are included?
- What are the parts of your invention?
- How do the parts connect?
- How does the invention work?
- Are there other ways of making your invention?
- Are there any other ways of using your invention?
The answers to these questions along with any drawings, figures or photographs that you provide, constitute what is called the “specification” section of your provisional patent application. The specification of a provisional patent, while less detailed than that of a non-provisional patent, is very important. The information that it provides will become a crucial part of your non-provisional patent application, should you choose to apply.

3. Fill in the required forms and file them with the USPTO

Once your application is completed, you may file it electronically through the USPTO’s electronic file system (EFS) or via postal mail to:

Commissioner for Patents

P. O. Box 1450

Alexandria, VA 22313-1450

Either way, your application must include 1) your specification, 2) any necessary drawings, figures or photographs and 3) the appropriate filing fee. If any of these requirements are missing, you will not receive a filing date for your application.

Provisional patents offer inventors a low cost option for protecting their inventions. It also enables them to build, test and shop their invention around without the risk of having it “stolen”. More detailed instructions for filing a provisional patent application, along with the appropriate forms and specific information regarding the applicable filings fees can be found on the USPTO website.
February 5, 2013
Patent A Design In 7 Steps

In this article we cover the much asked question of how to patent a design. Design patents are granted for designs that are new, ornamental in nature and applied to an article of manufacture. They cover the aesthetic aspects of an article only, as opposed to utility patents, which cover an article’s function and utility.

A design patent will grant you the right to exclude others from making, using or selling your design for a term of 14 years.

To patent a design, you must know and follow the rules and procedures of the Patent and Trademark Office. Though it is not required, it is advised that you employ a registered patent attorney or knowledgable agent to help you obtain the most effective protection for your design.

7 Steps To Patent A Design

If you care to go it alone, you may follow the steps below as a guideline:

Step 1

Filing a provisional patent application is the first step to patent a design. A provisional patent application will give you twelve months protection for your design while you complete the application for the full patent.

Step 2

Perform a patent search. The law requires that a design be new and innovative. The purpose of the patent search is make sure that your design is in fact new and that it has not already been patented. You may perform a patent search yourself through the United States Patent and Trademark Office (USPTO) website, but you are advised to hire an experienced and competent attorney or agent to perform the search for you.

Step 3

Prepare drawings of your design. The drawings must depict your design from all perspectives and must be in black and white only, unless you file a formal petition to submit color drawing or photographs. These drawing are extremely important to your application and should be prepared by a draftsperson who specializes in preparing patent drawings.

Step 4

Write your application. The written part of the patent application must include a general description of your design, references to any known “prior art” found in the patent search and a “claims section” which includes the drawings and a single “claim”, which describes in detail all aspects of your design. See the USPTO website for the full list of documents and statements needed with your application in order to write the application to patent a design.

Step 5

File your application with the USPTO. The completed application must be filed along with the appropriate filing, examination and search fees. You may file you application via postal mail or electronically through the USPTO’s electronic file system (EFS). Once your application and all fees are received, you will receive an application number and a filing date. Your application will then be reviewed in the order of your filing date.

Step 6

Re-submit your revised or amended application. It is highly likely that your application will be rejected the first time you submit it. This is not uncommon. You will, however, receive comments or recommendations from the patent examiner to help you make the necessary revision to your application. Once these changes are made, resubmit and continue this processing of revisions until your application is approved.

Step 7

Receive your patent. Once your application has been approved and all objections overcome, you will receive a Notice of Allowance and Fee(s) due. This notice informs you that your application for a design patent has been allowed and that you are able to pay the required issue fee and be issued your patent.

Patent and Trademark Office

Again, in order to patent a design you must follow the rules and procedures required by the Patent and Trademark Office. These rules, along with of the required forms, can be found on the USPTO website. You may complete the documents and file your application yourself.

However, there is no guarantee that the patent you ultimately obtain by yourself will be adequate enough to prevent others from copying your design. For this reason, you would be well advised to employ a registered patent attorney or agent to help you receive the most effective protection for your design.

Good luck, we hope you’ve now got some practical know-how to patent a design.

February 4, 2013
How To Copyright An Idea
In this article we talk about how to copyright an idea. Have you a written a new ebook that you would like to distribute or a new song that you would like to publish? Do you have an idea for a movie script that you would like to shop around? Have you developed a new app for smart-phones that you would like to sell online?

You understand that to protect your ideas from being “stolen” before you get the chance to reap the financial benefits of your creative expression, you need to copyright your ideas. However, intellectual property laws have always confused you and spending money on an attorney, to help you through what you truly believe should be a simple endeavor, is out of the question.

Luckily for you, once you get past the rhetoric, it is truly simple to copyright an idea. Below, we will discus various aspects of copyright protection and how to obtain a copyright.

So Can You Copyright An Idea?

A copyright protects the original expression of an idea. Such as, the way a book is written or the way a dance is performed, not the ideas they express.You cannot copyright an idea per se. You must first convert that idea into something tangible. This means by writing it down or recording it.

Requirements For Copyright

To receive a copyright, your idea must meet these two requirements:

1. The idea must be original, meaning not copied from someone else

2. The idea must be reduced into a tangible form of expression, which can be reproduced or otherwise communicated, such as on paper, cd, dvd or similar.

What A Copyright Does

A copyright grants you the exclusive right to reproduce, sell or distribute your idea. This is more accurately a “negative right” to prevent others from reproducing, selling or distributing your idea.

What a Copyright Protects

Copyright protects written works, musical scores and lyrics, dramatic works, choreographic works, pictorial, graphic and sculptural works, motion pictures and other audio visual works, sound recordings and architectural works.

What a Copyright Does Not Protect

Copyright does not protect ideas (such as insights, facts and statistic), patentable subject matter, names, titles, short phrase and slogans, familiar symbols or designs, list of items (as opposed to explanations), oral works which are not reduced to tangible form (such as speeches or vocal performances) or works consisting of common property (like the the standard calendar).

How To Copyright An Idea

Copyright is automatically secured when a work is created. No further notice or registration is required. However, there are certain advantages to registering a copyright. Some of these advantages are as follows:
1. Registration provides a public record of your copyright
2. If you register within the first 5 years of the publication of your idea, your registration will be considered prima facie evidence in a court of law.
3. If you happen to win that court case, a registered work makes you eligible to receive statutory damages and attorney’s fees.
How To Register A Copyright

You may register at anytime during the life of your copyright. To do so, visit the Library of Congress website, download and fill out the appropriate form for the type of work you wish to register. You then need to mail the it back to the Library of Congress along with a copy of your work and the appropriate registration fee.

Alternatively, to receive a lower filing fee, faster processing time and other advantages, you can register your work online through the Library of Congress’ electronic Copyright Office (eCO).

In summary, to copyright an idea you need to 1) reduce your original idea into tangible form, 2) make sure it is eligible for copyright, 3) visit the Library of Congress website, 4) fill out the appropriate form, 5) deposit a copy of your work and 6) pay the registration fee. It’s as simple as that.
February 3, 2013