Patenting for Inventors

In this episode I go over what to do after you file your patent application, including how to read the filing receipt, foreign patent licenses, and calendaring deadlines.

In this episode I go through how to actually submit your U.S. patent application the USPTO (United States Patent and Trademark Office), including how to register as an eFiler, how to upload documents and how to pay for your patent application.

In this episode I go over the different ways that you can fast track your application and bump it up to the front of the line at the Patent Office. The ways you can do this include: Prioritized Patent Examination Program (Track One), Accelerated Examination, Patent Prosecution Highway, and Petition to Make Special based on various criteria such as age, health, or subject matter.

In this episode I go through how to prepare the declaration of inventorship.  The inventors must declare that they are an inventor of the invention in the patent application.  If you don't want to pay a fine or go to jail, then this is a must-listen to episode.

In this episode I go through how to the prepare the Application Data Sheet (ADS).  This is a form where you enter in lots of information about the application, the inventor, the applicant, priority patent information, and assignees.

In this episode I go through how to prepare a power of attorney for a patent application.  Although if you are filing and prosecuting your own application, you don't need a patent attorney, you probably should have one if your application has joint inventors.  Listen to the details in this episode.

In this episode I go through how you might be able to get reduced filing fees and other fees that you have to pay to the Patent Office.  There are three entity sizes: Large, Small, and Micro.  In this episode I go through how to determine which entity size you are so you can pay reduced fees at the Patent Office.

A patent assignment is a transfer of your patent rights to another party. In this episode I go through the ins and outs of patent assignments, and if and when you might want to file one.

In this episode I go through the Information Disclosure Statement (IDS).  You have to disclose to the Patent Office all the prior art (references) that you know about that could be material to the patentability of your invention.  There's a particular way you have to disclose the information and this episode goes through the commonly used form to submit this information to the Patent Office.

In this episode I go through how to prepare a design patent application. I explain how to draft the claims, the description, and how to prepare the drawings. http://www.diamentpatentlaw.com

In this episode I go through how to format and assemble a patent application, including page formatting, line numbers, paragraphs numbers, where to put in page breaks, and how to order all the sections of your application.

In this episode I go through some other sections of the patent application that most inventors won't have to include, but should at least be aware of their existence.  I go through four of these sections, and if your invention requires these sections for the application then you should consult an attorney.

In this episode I go through how to write the section of the patent application called, "The Cross Reference to Related Applications."  Not every application has this section, and is this episode I go over the scenario where you might have filed a provisional patent application before filing your non-provisional application.  In a future episode I will cover how to do this section if you are filin...

In this episode I go through some tips and tricks for writing the section of the patent application called the "Abstract." I go through a real Abstract example to show how the Abstract fulfills the requirements set forth by the Patent Office. 

In this episode I go over how to write the section of the patent application called, "The Summary of the Invention."  I go through two of the major approaches and some tips and tricks to get you started.

In this episode I go through the part of the patent application called "The Background of the Invention."  Here you discuss what came before your invention and some of the shortcomings of the current devices.  You do not discuss your invention at all in this section. Leave the discussion of your invention to other sections.  You want to write this section in a way that makes the reader want to rea...

In this episode I go over the section of the patent application called "The Brief Description of the Drawings." It's fairly simple to do, just write a short one sentence blurb and include the figure number, the direction of the view, and what it's a figure of.

In this episode I go through the part of the patent application called "The Detailed Description of the Embodiments."  I go over how to write this section to satisfy the written description, enablement and best mode requirements. I go over how to relate you description to your claims section and and how to relate it to the drawings.  I discuss numerous tips and tricks when writing this section.

In this episode I go through the requirements for utility patent application drawings.

In this episode I go through ten useful tips for drafting claims. There are lots of things to think about when drafting claims and here's just a taste of some aspects to think about.

In this episode I go through the differences between independent claims and dependent claims and why you should have a mix of broad independent claims and narrower dependent claims in your patent.  Dependent claims serve as backups in case your broad independent claim is found invalid and I go through some examples of how these are drafted.

In this episode I go through the anatomy of a method claim.  I go through the various types, such as claims for new and non-obvious steps to accomplish a goal, a method of making a product, and product by process claims.  I use simple examples such as a hypothetical claim to patent frying an egg and an actual patented method of making guacamole and a product by process claim for guacamole.

In this episode I go through the parts of a device or apparatus claim, which are the preamble, the transition word, and the limitations.  I cover some major things to think about when you draft claims, and some pitfalls to avoid. 

In this episode I go through the initial step of claim drafting, which is first to identify what your invention actually is.  I go through an example of patented multi-bit screwdriver using the "prune and distill" and "problem and solution" methods of identifying the invention. Only after you have first identified the invention should you begin to draft claims and the rest of your invention.

In this episode I go over what provisional patent applications are, the differences between provisional and non-provisional patent applications, the pros and cons of provisional patent applications, and the requirements for provisional patent applications.