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A patent application begins with a discussion of the prior art. The next section explains the problems or shortcomings with that prior art and what improvements are needed according to the objects of the invention. The invention is then described in detail, usually with the aid of drawings. Finally, the application concludes with claims, which Read More

In order to be patentable, a claim must contain at least one feature not found in the prior art, while not reciting more features that are necessary to distinguish from the prior art. An abstract of disclosure, which briefly describes the invention mostly for searching purposes, is found after the claims, but it is published Read More

The filing of a Patent Cooperation Treaty, or PCT, application is quite expensive, and therefore it is only cost effective if five or more foreign countries are of interest. The choice of countries in which to file, whether under the Patent Paris Convention, or the PCT, depends on the market for the invention. For example, Read More

As an inventor and applicant, you may contact the Patent Office directly. The Patent Office will answer an applicant’s inquiries as to the status of the application and inform you whether your application has been rejected, allowed, or it is awaiting action. However, if you have a patent attorney or agent of record in the Read More

It is important to establish a confidential relationship with your customer. If your invention is not patentable and customers won’t sign an NDA. Of course, when you start to manufacture your invention, your competition will see it, and can legally copy it until your patent issues. Even if you do not share your invention, but Read More

A provisional patent application is a little bit of a misnomer. It truly is not a patent, but it gives you the rights to get a patent. The advantage in why should I get a provisional patent application? First of all, a provisional patent application lasts for only one year. At the end of that Read More

To begin with, there are two types of patents. There are design patents and utility patents. And the patents that people normally think about are utility patents. It can be a mechanical, electrical, a chemical patent. Design patents are quite different. They cover the shape of an item. And when you’re product can be protected Read More

The process of obtaining a design patent is quite different. What’s most important are the drawings, because the protection actually comes right from the drawing that we submit to the patent office. Whereas every patent has claims, a design patent claim refers back to the drawing. In a utility patent, the claims are in words. Read More

I’m often asked the question, what is the difference between a design patent and a utility patent, and what do they cover? Because they are two distinct patents, and they cover two distinct areas. A design patent covers the ornamental beauty of something. And maybe we should discuss this best understood with an example. What Read More

People bring in models sometimes, it’s really not necessary. The patent office doesn’t require them. Hundreds of years ago they did. It’s something that’s not done now. However, what’s very nice is CAD drawings. For example, some people come in with them, other people, particularly independent inventors may bring in something that they’ve made at Read More