Thank You for buying my Provisional Patent Video Course I appreciate your business and I want to help!
I suggest the following: Watch each video and read this single web page before you start writing. Doing this will give you the big picture and make your job easier and faster. Feel free to call me after you have done this if you are stumped. I am in Pacific Grove Calif so call me Pacific Time at 831-455-0418 or Send me an eMail and I will be happy to help out!

Introduction is set to Auto play
( Runtime 1:33)

The introduction gives you an overview and explains how these videos work.

Note: you can PAUSE the videos at any time and rewind and play again as often as you wish. Also, note you can expand the video to full screen mode so you see the details. Additionally, there are links next to each video as well as the exact files I sent out to the USPTO to file for this example, and real, provisional patent. I also include a very detailed filing so you can see a provisional patent application formatted for simple conversion to a non-provisional.

The "SB1" file mentioned at 18 seconds, it should be the SB16 as below.

Basic Elements you will want to include in your Provisional Application for Patent, PPA.

1) Title: Keep it simple and short. However, if you really want a long title it is not a problem either. You do not want to have a title like "Tide.. the best cleaner on the planet" because in the eyes of the USPTO there is no such thing as "best" because you can not prove it. Some folks like to have a title that is generic rather than specific. For example, if you have a new fancy phone case for a smart phone that has your preferred embodiment targeted for the iPhone you would not specifically name the iPhone in the title if this case would also work for an Android or the like. The title is not considered a legal aspect of your PPA.

2) Abstract: You want to give a 2 paragraph overview of your invention. This is NOT REQUIRED but helps you to stay focused. It is what you would tell a bar tender about your invention.

3) Background of the Invention: Discuss what current art is available now and describe the problems you see with the prior art. You want to show what exists now and the problems it has that there is a need for improvement. To keep the information "background" in nature you do not need to discuss extreme details of your invention here. Instead, share what you invention strives to solve or offer. The extreme details will be in following parts of your application.

4) Summary of the Invention: Describe your invention from the perspectives of at least the following three classes of readers:

a) To one skilled in the art, like YOU since it is your invention. Use your vernacular and terms.
b) To one NOT skilled in the art, like a bar tender or a fifth grader. Now explain it using common, and easy to understand terms and words.
c) To someone like Einstein, use vernacular Einstein would know, now you get to use YOUR vernacular. Keep it advanced Physics type or wording. Einstein does not know microprocessor but he knows rapid means of crunching numbers.

You want to explain the advantage of your inventive art over the prior art. You want to explain this in many ways and remember that the element you know as an "Oscillator Jet" is just a "thingey" to the person NOT skilled in the art so you will want to call your inventive art by the names anyone might call it.

You want to explain why it is NOVEL, NEW, and USEFUL... VERY IMPORTANT....

5) Detailed Description and Drawings: Explain in detail how your invention works by making reference to the drawings. See how I did it in the sample. You are advised not use photos of any type, but it is "OK" if you must ONLY for the PPA for your drawings. They should be line drawings and they do NOT have to be fancy. They just need to be easy to read and you must explain them well. You must be very complete, naming every element of your invention. Make as many drawings as you can. There is no "fine" for making too many drawings.

You want to show precisely how your invention solves prior art problems and show the usefullness and HOW it works..

Most importantly you want to meet the "Enabling Disclosure" element of the USPTO by explaining exactly how to make your invention to one skilled in the art. This is different from explaining it to the bar tender. You will want to list the ways your invention can be made. You will also want to specifically name ways it can be made cost-effectively.

In this section you want to capture what gives your invention a unique advantage over prior art, such as a marketing advantage, or a safety advantage.

Also, explain the various uses and fields in which your invention may be used. Consider fields OUT of the field you originally intended it for. For example.. a guy filed a patent on a pool filter cleaning spray nozzle for a hose. A simple thing that sprayed water out of holes so the water looks like a comb, only out of water. OTHER uses could be for washing hair or washing dogs. Think outside the box and do not "trap" yourself by saying it is ONLY for cleaning a pool filter or the like.

What is patentable subject matter?

One of the requirements for obtaining a patent is that the invention must be something that is allowed to be patented.

As such, you have to think about the “subject matter” of your invention to see if it falls within one of the categories of patentable subject matter or if it is something that can not be patented.

You can patent a process, which is a method for making something or doing something.

You can patent a machine, which is any device that serves a purpose or performs some task.

You can patent an article of manufacture that basically includes any device or composition which is made (for example, a tire or a pencil).

Although you cannot patent naturally occurring items, you can patent man-made items. For example, while you can not patent the leaves of different plants, you could patent a pharmaceutical made with those leaves (as well as the process of making it).

Although you generally cannot patent living things, you can patent certain live matter, such as genetically engineered animals, plants, etc., or the process of extracting a natural product.

You can patent a business method (technically, this is a type of process), which is a method of doing a specific type of business.

You can patent computer software, including the programming method used to create that program.

You DO NOT need a prototype or prove your inventive idea works to get a patent or file a provisional patent application.

Your Provisional Patent Application must be strong and have a broad scope. Listen carefully to the videos to get an understanding of the importance of this element.

You do NOT want to file a wimpy 2 or 3 page Provisional Patent Application and expect investors or partners to take you seriously. I want to invite you to describe your inventive idea in as many ways as you possibly can. If you can not think of "other ways" to describe your idea consider asking family members to describe what THEY think it is you are doing. If your friends or family can not help then feel free to call Dave Korpi at 831-455-0418 (Pacific Time) and I will give you some ideas to consider.

Also, this is YOUR inventive idea and even if you decide to hire a Patent Attorney to file your Provisional Patent Application it is of critical import that you create the draft following every element of this video course. You NEED to do this because you will have to educate your patent attorney and there is NO BETTER way of educating them on your inventive idea then providing a draft in accordance with the methods THEY are familiar with. Trust me, it will save you a MINT and if you follow my instructions you will save a great deal of money when it comes time to convert your provisional patent to a non-provisional patent.

Congress has passed the "Patent Reform Act of 2011" that turns out to make filing a provisional patent application very beneficial to you. You are doing the right thing by being the first to file for patent protection for your inventive idea... I call it the best $75 Insurance Policy on the planet!
 

( Runtime 2:53)
Introduction on getting form SB16 from the USPTO Web site that is the cover sheet for a provisional patent. You will go to the USPTO web site Here is where the SB16 fillable pdf file is. SB/16 - EFS-Web If you can not see the video download the file they prompt you with and see the File online: ( Runtime 7:44) video below at 4:29 to see how to fix it.

Save it and open the file and fill it out. You will enter your patent TITLE that you make up. Fill out your address and select Micro Entity so you will only pay $75.. If you are a Small Entity you will pay $140, YES, it is MORE!
On page 2 at the bottom remember to have your signature as shown with the /Firstname Lastname/ using the "/" in front and behind your signature. Save the document in a special place. For example make a directory called myprovisional and put the SB16 pdf file in there.

( Runtime 2:36)
Continue with SB16. We now describe how to save the Drawing file and show the format required by the USPTO and I show how to print the drawings you made in MS word as the proper pdf file. Once you print the file to a PDF I suggest you give it a name that includes the word "drawing".

The next file you produce is the specification/description in a similar manner as above.

Once completed you will have 3 files that will be filed to complete your provisional patent.

My sample files for you to study are here:
SB16
Drawings
Specification Simplified Specification. Bare minimum. These 3 documents are the 3 documents you will file.
Ultra Detailed Spec and Drawings You want yours more like this, I included the drawings just because it is easier for you to read one document..
electronic receipt sample once you are done filing electronically and is given to you immediately.
Confirmation Letter will come in the mail within 4 weeks.
 

Provisional Patent Application Template You should use this to file your application as it has the font, spacing, and numbering that the USPTO wants in the more formal Non-Provisional which we hope you will file within one year. It makes it less expensive to do as much as you can properly now. You may wish to use this as it is how a full Utility Patent is filed. Keeping the numbers to the left might be hard so you may wish to just use your own style. The templats is commonly utilized by patent attornies.

File online: ( Runtime 7:44)
Go to:this page: efs web unregistered filer. You will follow the instructions and click New Application, Utility Patent, and Provisional. Then click continue.(Watch how I do it in the video at 20 seconds) Fill out the same invention name used in your SB16. Fill in all your personal info. After you verify you will attach the documents

SB16 will be uploaded to Category= General Transmittal and Document Description =Provisional Cover Sheet (SB16). Browse to the document. Ensure "Does your PDF contain multiple documents?" is set to NO for everything. Click Add file.

Specifications get uploaded to Category=Application Part and Document Description =Specifications.

Drawings get uploaded to Category=Application Part and Document Description =Drawings-only in black and white line drawings. Click Upload and Validate Specifications.

Click Continue to calculate fees. Select Micro Entity to pay $75 as of Jan 16, 2081. Select provisional and click no this was not originally filed in paper. Click Upload & Validate in the center bottom. You will confirm and submit and verify all is correct. You can see what the USPTO fees are (the USPTO changes their website weekly so the link may not work today) before you file in case they lower the price again! !

If all OK, click Submit and you will review all the data again. Click YES you will pay now and use a credit card and start the online payment process and fill in all your info. Do not check any of the boxes in the lower section that would charge you. Click "Charge this Credit Card now" and you get your confirmation number and how much you paid. Print and e-mail the receipt to yourself.  If you go PAST the payment part there is no way to go back. I suggest filing again (you are really good by now) and ignore the "missing parts" letter the USPTO will send you. Note the EFS ID and the Application Number of the failed one so you do not worry because when you are done you will get yours IMMEDIATELY... Yours should look something like this: electronic receipt.

If you STILL do not want to mess with it I can file your work for you...              ·       Provisional Patent Filing Service    Provisional Patent Filing Service is you just hate filing yourself.  I pay the $75 for you and you get all the files and receipts.

USPTO Help line 866-217-9197 Hit 2 for Patent EFS, then hit 8 to speak directly to a patent electronic business center customer assistance 6 AM - Midnight Eastern M-F. You can ask them questions related to filing electronically. To ask questions on how to WRITE your provisional you will ask the folks at the EFS to connect you to the "Inventor's Assistance Center" and they will hook you up immediately.

Update Sept 26, 2011: Congress passed the America Invents Act that offers a micro entity fee of $75.00 (updated from $65 to $75 on Jan 16, 2018). Download your SB/15/A to get the Micro Entity Status here (You want to Right Click and hit Save As on the following two files) SB/15A The SB 16 is here.. SB/16 - EFS-Web If you get the mostly black and white screen you can ALSO click on the Download button in the upper right hand corner)

              ·       Provisional Patent Filing Service

            ·       Provisional Patent Filing Service is you just hate filing yourself.  I pay the $75 for you and you get all the files and receipts.

Write and convert the Specification to PDF. ( Runtime 3:24)
Specification is written with MS Word with the page setup is as shown with wide margins.Give it an Invention Title and format as shown in this example.

Write it broad enough to cover what you intend to patent in the future and narrow enough to cover what you want to patent. Your provisional may cover more than one patent, so describe enough to cover every conceivable embodiment you can come up with. This might be considered an approach to prevent others from figuring ways to weasel your idea by changing some specific element that makes your invention open for being copied.

Honor the syntax and language of the USPTO and your life will go better. Read a few samples and review the specification here. See the Filed Non-Provisional Patent Aapplication from this Provisional Patent Application specification. It shows an EXAMPLE of a patent that you may wish to study.

Remember to write your specification in such a was as one skilled in the art will understand it as well as a fifth grader and Albert Einstein. This means you want to be very "verbose" about your inventive idea. Write it so that anyone will understand it. It is OK to be EXTRA wordy. You do not have to be a technical genius to describe your idea. Just write it one day and then look at it the next day and see what you missed and add that. If you are TOO CLOSE to your invention perhaps you might consider having me do a review as shown in the Review PPA website. Watch the video to see what you get.

"Enabling Disclosure" Or disclose exactly how to make your patent. Teach one skilled in the art how to do what you wish to have patented.
( Runtime 4:08)
Enabling Disclosure: Show how to make your patent and do not hide ANYTHING. Listen carefully as many folks think they can "cheat" the system by leaving out important elements. Frequently, in highly complex patents the applicant makes "errors" hoping to mislead folks from copying their patent. When they do this intentionally their validity of the patent can be questioned and the patent nullified! Click Here for the document I show in the video.

Very Important Overview:
When you are granted a patent you are granted a monopoly. As such you are obligated to demonstrate that YOU (and others if applicable) are the inventor(s) of the invention. To do this you MUST not leave out anything that would prevent one "skilled in the art" to make your invention. There are 3 elements in the Specification you must do a good job crafting. They are
1) The Description of your invention, meaning you describe what your invention is truly yours and that you are the inventor of it. You only have to make the description so that one skilled in your art will be convinced that it is your invention and know what it means to his art. You can explain many variations of your invention so you may capture a wider range should it become necessary when you get your non provisional patent.
2) The Enablement is where you teach that person skilled in the art how your invention is "made" or works so they can duplicate it. A well crafted enabling disclosure may show more than one way to create your invention.
3) The Best Mode meaning you say something like the preferred embodiment of my invention is.. and explain what it is.

"Patent Search"
( Runtime 3:40)
Watch this video to see me do a patent search with Google. Then watch how I go to the USPTO website to search the classifications to learn more.

To go to the USPTO to Select US Classes by Number Click Here and see how I do it in the video.

Free Google Patent Search
Free World-Wide Patent Search
Free USPTO Quick Patent Search

If you need help doing a thorough patent search on your specific invention I may be able to help you. If you do want me to do it for you then you will get a video and a report on your keywords and art unit.

Call for a quotation to do this for you as each search is custom and I may be able to give you hints to do it on your own. Dave Korpi 831-455-0418 Pacific Time. M-F 9:00 AM - 5:00 PM PST
 

The USPTO's concept of Reduction to practice...
When you file your provisional patent application you must be diligent in reducing the invention to practice. Reduction to practice means that you either illustrate or show that an invention works the way you say it works. This may be accomplished by either:
1) Filing a patent application
2) Constructing a prototype
3) Sufficiently illustrating how the invention works with any means available.

Choice 1) is what you are doing right now! It is easy and inexpensive to do, However, Choice 3) may be the logical choice (if you do not want to file a provisional patent application) in the development of a complex concept such as complex and expensive machinery. You would not want to spend millions of dollars solely to prove something when it can be clearly illustrated by a series of engineering drawings. Most importantly you DO NOT have to build a prototype to file your provisional patent.

The USPTO's concept of Due diligence
Let's say you and Joe BOTH think you invented the exact same item. At this point is the issue of "First to Invent"..  You have to establish, or demonstrate who first invented the item...

However, new laws will likely be the "First to Invent" is simply the "First to File" I URGE you to file a Provisional Patent Application your inventive idea ASAP so that you are protected.

As the laws exist in April 2011 the date of original conception may only be relied on as the date that determines patentability and priority if the inventor exercised due diligence in reducing the invention to practice. Due diligence is accomplished by exercising continuous activity from before the conception date of a second inventor to the date of reduction to practice of the second inventor. Please note that“Continuous activity” does not mean the inventor worked on the invention every day.

To establish due diligence, the inventor must account for the entire critical period, which is defined as being from the time just prior to a second inventor’s conception date to the second inventor’s reduction to practice date. In determining priority, there is no race of diligence. In a priority contest, the party first to conceive and first to reduce the inventive idea to practice will prevail. Where an inventor is the first to conceive but the last to reduce to practice, he must show the exercise of diligence at the time the subsequent inventor entered the field to the time of his reduction to practice. As such you can see why there are new laws giving the First to File" the inventive ownership.

Once an inventor has completely reduced his invention to practice he is not required to show subsequent diligence in applying to the Patent Office for patent protection. However, it is also well established that when there is doubt as to whether there has been an actual reduction to practice, the inventor’s subsequent conduct may disclose that, instead of a reduction to practice, the acts relied on showing what the inventor did amounted only to an abandoned experiment.
The most important activity during this initial stage of disclosure is to maintain good records and drawings in your invention journal.

Of course there is NOTHING better than filing a Provisional Patent Application to lock in your early invention date, especially if you are in a "hot field" such as computer sciences and the gaming world.

If you need help finding a good fair priced patent attorney I have a selection of attorneys that I can choose from based on what your art unit is. When I refer you to them I may get a commission of sorts which is why I do not put the names in this document. I also need to know what your patent is about and am happy to sign the NDA to protect you. However, I URGE you to get your PROVISIONAL BEFORE you contact folks! It is that important! I ALWAYS say DO NOT FILE a non-provisional unless you know it is able to "pay back" your investment. This is a big part of WHY Congress gave you the provisional!

As of March 16, 2013 the FIRST TO FILE will prevail on all patent applications except in some specific cases... The USA will go away from a "First to Invent" country to a "First to File" on that date. This makes it VERY IMPORTANT that you are filing a PPA!

Want to file the NPA yourself??? David Pressman is HOT! Link below may not work so just search in Amazon

Of course you can MAIL your patent off to the USPTO... The only reason to do it is if you are having a hard time with the electronic filing system or do not like having to convert drawings to the PDF format. What you lose is typically a week or two and the possibility of it getting lost. This is why I file electronically.

To file using the US Post Office (NEVER EVER DO THIS! It takes 6 months to get your receipt and it can get lost AND they may impose the Luddite Penalty of $300... Just file ELECTRONICALLY!!!) take all of the documents you are working on and send them, along with a check for $125 (As of Sept 26, 2011) made out to Commissioner For Patents, "return receipt" (if you want tracking) to the following address:

Commissioner for Patents 
P. O. Box 1450 
Alexandria, VA 22313-1450

You will want to print out the SB-16, the specification, and drawings all on 8 1/2" x 11" paper and make a copy of what you sent them.

Cheats?

OK... So you want to "Cheat" the system and feel better sending photos of your work? YES, in a provisional application you can send BLACK and WHITE de-saturated (look it up) photos, although it is not recommended. The reason is most folks do not know how to take professional black and white photos that will survive being xeroxed a number of times and maintain the quality and clarity to clearly illustrate the inventive idea. The suggestion is this: Sure, make photos but be sure to ALSO make drawings to the best of your ability and describe your inventive idea as well as you possibly can.

Q: What happens if the 1 year provisional patent applications (PPA) deadline passes, and the ( utility, or "real") patent isn't applied for?

A: When provisional patent applications (PPAs) are filed, the applicant has one year within which to file the non-provisional ( utility, or "real") patent application to gain the benefit of the earlier filing date. In other words, when the year passes following the filing of the provisional patent application (PPA), a subsequently filed non-provisional ( utility, or "real") application would not benefit from the earlier provisional application (PPA) filing date. This could happen, for example, in the case where the inventor discovers that the invention needed more development before continuing. Therefore, the only real loss in not filing the non-provisional patent application (PPA) within the one-year period is the loss of the earlier filing date. Of course, applicants must be alert to the problem that arises if the invention is made "public" more than a year before the filing of the non-provisional ( utility, or "real") patent application. This would constitute a bar to patentability.

Q: Can someone still apply for a ( utility, or "real") patent after the 1 year period? Or does he or she lose the idea? Or can he or she still continue to use the "first-to-invent" system by using log books and confidentiality agreements?

A: Yes, after the one-year passes, someone (namely, the inventor) still can apply for the patent. He or she does not lose the idea, except in the case where some activity, like public disclosure, poses a bar to patentability. And, yes, the system in the United States continues to be "first to invent," where log books or journals may be used to establish certain critical dates. However, on June 14 2011 Congress will vote and likely make the US patent system be like the rest of the world where we would be on a First To File status.

Q: Can a PPA be renewed after 1 year?

A: There is no "renewal" of a provisional patent application. However, if you have not disclosed your invention you could file PPA's for your entire life! The EXACT same PPA could be filed.. Folks sometimes do this for a few years with additions each time.

Q: Would the rule of getting a patent 1-year from the public disclosure date also apply? For example, if someone files a PPA, and discloses it publicly 6 months later, and doesn't file for a patent within the year after the PPA filing, would he or she be required to file for a patent 1 year after the public display date?

A: If the provisional patent application is not followed up with a non-provisional ( utility, or "real") patent application, then the provisional patent application loses all of its priority date effect. In other words, the provisional patent application filing date would no longer be the effective filing date of the subsequent non-provisional ( utility, or "real") patent application. Any public disclosure, sale, or offer for sale that occurs more than one year before the filing of the non-provisional ( utility, or "real") application. This does not prevent you from filing another PPA however.

Q: Does the 20 year patent term start on the date of the PPA application or the patent application 1 year later?

A: The 20-year term begins with the filing of the non-provisional ( utility, or "real") patent application, the date you get your confirmation receipt.

Q: What happens if changes are made to the original version of the PPA? Does a new PPA need to be filed, and if so, would it be considered an amendment or a new PPA? And which date would apply, the date of the initial PPA or the updated PPA?

A: The purpose of the provisional patent application is to establish an early filing date that will stand as the effective filing date for the invention it discloses. At that point, the patent is pending, but the provisional patent application is not examined and cannot be amended. If the invention changes, the early filing date remains effective only for the information that has not changed. If a new provisional patent application is filed to cover the invention, the non-provisional ( utility, or "real") patent application must be filed within one year of the date of filing of the new provisional patent application. In other words, the earlier filing date is lost. This could have adverse consequences if damaging public disclosures have taken place.

Q: I do not live in the USA. Can I file a patent in the USA and do I need a USA address?

A: You do NOT need a USA address to file any type of patent in the USA. If you file online and you have a credit card that works in the USA then you can file using the USPTO EFS system. There are some countries who prohibit export of technology out of those countries. They do not want you to take your super invention and NOT first file it in India! Let's say you now live in India but while in  the USA you came up with a great invention. If you did INVENT it in the USA and now want to file it in the USA there will be no problems at all. However, if you live in India and INVENTED it in India then your country will have to tell you if you need a license to get a patent for your inventive idea in the USA. For example, if you live in the USA and you want to patent your invention in another country you may have to get a "Foreign Filing License" You can learn if you need to do this by calling the USPTO Legal department at 571-272-7701 and there is RARELY any wait. They are super helpful.

Q: Can a child file a patent? Any age requirement?

A: YES.. a child can file. The only requirement is that they "understand" their claims and their invention. So, a 10 year old or even a 5 year old can file.

Provisional Patent Application Template   You should use the template to file your application or do the same on your own...
 

The information below is formatted using the formatting methods, with paragraph numbers, and 12 point Times Roman, at one and one half spacing. While a PPA does not require this it is just good practice to use the formatting that will be utilized in your non-provisional filing. The the term "invention" has very specific legal context and while it is used in a non-provisional patent it is good practice not to use the term as well as use the definitions at the beginning to allow for the use of the term. You will get different opinions from different attorneys on this issue but I believe, from good council, that the following is a good practice. I show this info below so that you may see what it should look like.. Notice the format with the [0001] paragraph headers. This makes it easier to refer to specific paragraphs.

Definitions

[0001]            Invention: The term “invention” is used herein merely to relate to the inventive idea that is the subject of this Provisional Patent Application to refer to the “concept” being presented. The term “invention” shall not be construed to mean the “literal and legal” translation of the term “invention”; instead it shall pertain to the “concept” being presented. When this Provisional Patent Application is claimed as preference for the future non-provisional patent application then the term “invention” shall be taken at full face value of the “literal and legal” translation of the term.

[0002]            Article: We shall refer to the term article to define any physical object that may have... Fill out any definitions you may have....

VARIATIONS

[0001]            From the foregoing description, it will be appreciated that the invention makes available a novel .. fill in your novel elements...

[0002]            Having described preferred embodiments of a new and improved ... fill in your novel elements, it is believed that other modifications, variations and changes will be suggested to those skilled in the art in view of the teachings set forth herein. It is therefore to be understood that all such variations, modifications and changes are believed to fall within the scope of the present invention as defined by the to be appended claims.

[0003]            It is contemplated that any optional feature of the inventive variations described may be set forth and claimed independently, or in combination with any one or more of the features described herein. Reference to a singular item, includes the possibility that there is a plurality of the same items present.

[0004]            More specifically, as used herein and in the appended claims, the singular forms "a," "an," "said," and "the" include plural referents unless specifically stated otherwise. In other words, use of the articles allow for "at least one" of the subject item in the description above. It is further noted that the claims may be drafted to exclude any optional element. As such, this statement is intended to serve as antecedent basis for use of such exclusive terminology as "solely," "only" and the like in connection with the recitation of claim elements, or use of a "negative" limitation.

[0005]            Without the use of such exclusive terminology, the term "comprising" in the to be appended claims shall allow for the inclusion of any additional element irrespective of whether a given number of elements are enumerated in the to be appended claims, or the addition of a feature could be regarded as transforming the nature of an element set forth in the to be appended claims. Except as specifically defined herein, all technical and scientific terms used herein are to be given as broad a commonly understood meaning as possible while maintaining future claim validity. The breadth of the present invention is not to be limited to the examples provided and/or the subject specification, but rather only by the scope of any future claim language.

[0006]            Use of the term “invention” herein is not intended to limit the scope of the future claims in any manner. Rather it should be recognized that the “invention” includes the many variations explicitly or implicitly described herein, including those variations that would be obvious to one of ordinary skill in the art upon reading the present specification. Further, it is not intended that any section of this specification (e.g., the Summary, Detailed Description, Abstract, Field of the Invention, etc.) be accorded special significance in describing the invention relative to another or the future claims.

1) Do not make any hard reference to any “prior art” patents as it requires a great level of skill to properly make reference to the prior art. Doing so may make it difficult to defend your conversion to a non provisional patent. Additionally, let that be the job of the Examiner. You do not need to tell the Examiner about prior art in your provisional. This is done in the non-provisional when it comes time for conversion. However, prior art can be mentioned in a way that does not "handcuff" you and make it easy for the examiner to "trap" you and prevent you from claiming ownership of your inventive ideas.

2) Do not use clarifications like “based on Physics" or "anyone knows” as this leaves "ammo" for the Examiner when it comes time to convert your provisional to a non provisional. Let the examiner do his own work on learning about Physics. If you make a statement about something being "well known" or based on simple Physics it only serves for the Examiner to deny what you are trying to illustrate as prior art or obvious.

3) Do not have sentences using “we” or "I" as the (pro)noun, instead replace "we" or "I" with the feature discussed. For example do not say "We disclose a pencil." Instead say "A pencil is disclosed." You are disclosing a pencil there is no need for We or I.

4) Do not forget to insert a comma after all prepositional phrases. In is a preposition. So we would insert a comma as follows: In the beginning, it was dark.

5) Use the active voice (the invention “provides/offers” instead of using “will offer/provide”) as this indicates you have demonstrated your invention in one way or another, thereby validating you as the inventor of the inventive idea.

6) Avoid reference to this “patent” or this "invention" – instead refer to the“inventive aspects” or "inventive idea" or “disclosed subject matter”. You do not yet have a patent. You have an invention you wish to patent.

7) If the title uses the terms "method" or "device" and the provisional encompases more than one inventive idea then consider changing the title to remove those terms and change them to system or application and the like. This is because when converting to a utility you do not want to be trapped by the examiner for a method when your inventive idea might be a system or the like.

8) There are a few schools of thought about labeling sections such as Summary, Specification and detailed description of drawings in a provisional. One school of thought is to label the entire application as Description and when it is converted then it can be un-jumbled to have every element in the correct location. This is because you do not want to be handcuffed by the examiner when you use your provisional as your defense come time for any office actions.

Handy phrases to use when citing your invention to prior art...

What is not previously taught as pertinent to the subject art is...
This filing teaches the advantages of...

he following rules apply to a non-provisional patent but are not "required" in a provisional patent. However, if you know them you will be ahead of 80% of some of the most experienced patent attorneys. DO NOT sweat these in a provisional patent and know that MANY do not apply in a provisional patent because they are not required.

Patent Cheat Sheet, Dave Korpi Update 6/9/2011

Specification

Rule # 1:  Eliminate excess words:  “Note that…”  “in order…”.

“make” + noun form of a verb reduces to the verb: “make a decision” reduces to “decide.”

“provides improved…” reduces to “improves.”

Do not use superlatives  such as "must", "always" as it limits your inventive idea. Do not say the invention must be 3" long or it always uses a cam action.. It may be 3" long or one embodiment may use a cam action"

Do not use the passive voice (except in the rare case you don’t want to identify the actor):  “it is believed…”  ß(a most mealy-mouthed expression).

Do not use the imperative voice: “[you] Do this, do that…”

Do not use contractions.

Do not use colloquialisms.

Do not begin sentences with conjunctions.

Don’t change verb tenses, especially within a sentence.

If you are going to introduce an acronym or abbreviation, do it immediately after the first time you use the long form.

Never use personal pronouns in Applications or Amendments (except “I/We claim as in the claims”).

Avoid possessives:  say “the frequency of the signal” rather than “the signal’s frequency.”

Don’t use the same conspicuous word twice on a page.

Do not repeat so much as a sentence, or any fragment long enough to copy and paste, in the Application.  You should be able to find one thread through all important points so that you only need to explain each point once. The only exception:  The Summary typically includes a paraphrasing of Claim 1.

Say things in the order they happen:  Drive from San Jose via the freeway to San Francisco.

Say things in cause-effect order.

If a parallel construction is possible, use it:  “either to… or to…”

The “Technical Field” is for the PTO to classify the invention for searching and examination.  Hopefully, there is not an entire “field” of inventions including the specifics of our present invention; if there is, our invention is in trouble.  So don’t mention specifics in the “field.”

In the “Background” section, do not discuss the invention.  In particular, don’t wind up with a “There is, therefore, a need for a device which…” statement that poses the problem so clearly that it gives away the punch line:  Throwing out the baby with the bath water.  Even recognizing that there was a problem may not have been done in the prior art:  It took our inventors to recognize it.

The “Summary” section is a segue from the Background:

[It is an object of] the invention [to] solve(s) these problems…

The invention achieves these objects by providing… (paraphrase claim 1).

Start the Detailed Description with an inventory of all the parts in an inactive state (i.e., with no power applied).  Then start over and discuss the parts in operation.

Identify off-the-shelf components not just by their Trademarks ® but also by their generic names.

In describing flowcharts, put step numbers at the beginning: “In step 110 the system does…”

Do not over-use claim jargon (“said,” “comprises,” “means”) outside the claims.Some folks will use the word "including" instead of "comprises" but it gets a bit crazy.

In patent parlance, “consists of” means “consists of ONLY.”  Instead, say “includes.”

Do not confuse terminals with signals:  an input terminal for receiving an input signal.

Spell out quantity numbers so that the only digits are drawing element labels.

In the “Detailed Description” section, do not discuss the prior art.

The word “containing” is for things that would escape:  liquids, gases, and prison inmates.  Not hardware components.  Say “the circuit includes an AND gate…”

If you INSIST on paper filing.... Do not do it because it takes FOREVER to get your receipts!

Double, or at least 1½, space applications and amendments.

Don’t use right justification or full justification.

Why staple pages together?  Don’t.  The first thing I’ll have to do is rip the staple out.  Use a paper clip. Only file electronically from now on!

Claims

Claims use the word “comprising:” ONCE, followed by “including,” “having” and “with.”

In claims, group all references to a given element together: AAABBBCCC, not ABCBACACB.

Say “means” not “a means.”

Dependent claims start with “A” or “An,” not “The.”

The word “system” usually refers to an apparatus, not a method such as “I have a ‘system’ for betting on the ponies.”

Don’t mix apparatus elements and process steps within a claim.

Be careful converting a process step (“providing a computer”) into a means for step: (“means for providing a computer…”?!).

Don’t break claims across page boundaries unless you have to.

When you’ve finished drafting claims, draw a claim tree and, if necessary, re-number claims and dependencies (see MPEP 608.01(n) “claim form and arrangement”) 

Drawings

Introduce parts in ascending numerical order.

Try to use part numbers in helpful ways:  the FIG 1 system overall is #100, FIG 2 is #200, etc.

Don’t abbreviate part numbers as “parts 1-5,” rather, list them: “parts 1, 2, 3, 4 and 5.”

Skip numbers so you’ll still have in-between numbers available if you need to go back and add a part.

Minimize the number of crossed lines (signal or process flow lines).

Flowchart boxes each have ONE entry point.

Office actions and Amendments

Only one “please” per amendment.

Do not fawn over or kiss up to the Examiner.

Do not allow the Examiner to act like “the only policeman in a small village of a third world country.”

However, do capitalize the “E” in “Examiner”

Never overtly criticize the Examiner; instead, “respectfully” humiliate him/her with facts and logic.

If the Examiner is half-right, acknowledge the part you agree with before disagreeing with the rest.

Don’t help the Examiner by repairing his arguments: “What you meant to say is…”

But if the Examiner makes a trivial mis-citation, don’t play dumb

Don't like the examiner? Then ask for his supervisor but do it NICELY... .
 

Start off the “Remarks” with a recap of the status of the claims.

Be consistent:  either capitalize “claim” or don’t.

Refer to Examiner’s actions in the past tense, our response in the present tense. Ask for the primary examiner if my examiner does not know jack.

Respond to every point the Examiner raises, either by contradiction or amendment; NEVER acquiesce.

Respond to the Examiner’s rejections in the same order that he listed them.

Draw a claim tree so you can see how to group your arguments.

Try to argue with a rejection before giving up and canceling a claim: “prosecution by cancellation.”

Quote only so much of the Examiner’s rejection as you are going to take issue with.

NEVER mis-quote the Examiner, a reference or anything else.

A quotation needs a citation to its source.

Argue the claims, not the invention or the specification.

Say there is no suggestion to combine the references, then if necessary say “even if the references were combined, the combination would not work, and even if it did work it would not equal Applicant’s invention.”

Don’t discuss what the references do beyond explaining that they do not do what our claim recites.

Underline reference names.

After the first long citation of a reference do not repeat more than the name.

Do not refer to prior art as [so-and-so’s] “invention.”  Mine is the only “invention.”

Number lines in claims, not in the rest of an Amendment.

Any time you have 3 insertions [deletions] in a row, the outside ones can be consolidated.

Minimize the changes in amending a claim: do not delete and insert the same word in the same place.

Don’t make your stand on a weak point.

Get to the point, but don’t follow a strong point with a weak one. 

When you are all done

Save the final version to somewhere safe and ERASE ALL OBSELETE DRAFTS!

More to consider... A REVIEW Do this BEFORE you file.... Note added Dec 12 ,2012...

1) Avoid use of the word invention. You can use something like “disclosed subject matter” in place of invention.

2) Avoid use of the phrase “prior art.” Instead try “conventional” or “some”. For example, “Some types of exercise apparatus...” or “Conventional exercise systems may have...” Prior art has a specific legal meaning.

3) Be careful not to over characterize prior art and don’t use any absolutes such as all, none, etc. Just remember: “never say never”. Always be inclusive and provide examples, but leave open the possibilities of other designs.. The variations clause attempts to cover this. It is included in your template..

4) Brief description can be very brief, for example: “FIG. 1 is a top view of an example apparatus in accordance with at least one implementation.”

5) Embodiment or implementation can be used. There is some thought that implementation may have less legal “baggage” and therefore may be preferable, but either one will do.

6) No explicit mention of preferred embodiment. The law requires that the preferred embodiment be shown and described, but it is not necessary to identify it explicitly by stating “preferred embodiment”.

7) Avoid the phrase “consists of” in the application – in claims this phrase has a certain legal meaning. Always use “includes,” “has” or “comprises.”

8) Don’t mention usefulness of the invention.

9) Avoid use of the phrase “inventive idea” use something like the term “disclosed subject matter”

10) Avoid using the word “novel”

Drawing headaches? Drawings are a VERY IMPORTANT part of your Provisional Patent Application!
If you are not moving along because of your drawings not to worry. Feel free to draw them by hand. They SHOULD NOT be photographs of any kind, but if you absolutely must they WILL accept high quality Black and White de-saturated (look it up) photos that can survive multiple xeroxing and still convey the inventive art. They should be LINE DRAWINGS, like my samples. They do not HAVE to be EXACTLY like the samples I showed. If you are drawing something more "organic" like trying to render a novel design of a leather tool belt for carpenters the drawing method I showed you is not very good unless you have a tenth degree black belt in SolidWorks. Again, the drawings must be easy to understand and they do not have to be works of art. They can be funky looking even if they clearly convey what you are trying to convey. Number them prolifically and spend lots of time showing what each part is.
The USPTO only wants your drawings, for a provisional patent, to be clear and fully relate to your specifications. If you do have some complex mechanical item and can not find someone to draw it for you send your idea to me and I will give you a very reasonable quote to consider. Just e-mail it to dave.korpi@gmail.com and I will give you a quote to do it. Call Dave Korpi at 831-455-0418 Pacific Time if you want to talk. Or, visit my website section on drawings.
Watch the video below to see what I give you..

When you are ready to make a prototype or to to production let me quote your parts. There is no charge or obligation to get quotes and you will find I can save you a significant amount of money getting your parts done. Here is my Machine Shop Service… http://www.take5inc.com/machine-shop/

           If you are having a hard time on ANYTHING feel free to call and know that I can help with as much or as little as you may need. Sometimes just a call to me at 831-455-0418 (Pacific time) is all you need to get "un-stuck" or, if you have more money than time perhaps you want to have me do parts for you. I can also have injection molded parts done as well as packaging for your product.

.

            ·       Provisional Patent Review

            ·       Provisional Patent Review for $200 Watch videos on the link to learn more

     ·       Provisional Patent Drawings

            ·       Provisional Patent Drawings for $200 Watch videos on the link to learn more

            ·       Provisional Patent Service

            ·       Provisional Patent Application Complete for $1,500 Watch videos on the link to learn more
 

              ·       Provisional Patent Filing Service

            ·       Provisional Patent Filing Service is you just hate filing yourself.  I pay the $75 for you and you get all the files and receipts.

How to get the USPTO PDF conversion tool.

When you file your provisional patent you will need to convert your MS Word documents to the PDF format required by the USPTO. To do this you need to install the USPTO printer configuration to your PDF printer.

CutePDF Free PDF writer Is the EASIEST to use.. It is free and EASY!

If you INSIST on using Adobe, and it is harder, then get the FREE Adobe 9.0 Reader and it will correct problems by reconverting.

Or, you can use your existing Adobe writer and just get a Job Option file for your Adobe PDF writer of any revision greater than 7.0
Location: USPTO Tools
Job Options [uspto.joboptions for PDF 4KB]
The uspto.joboptions file contains configuration settings that when selected, will produce a document consistent with the Patent EFS PDF profile. Using these settings will create Adobe PDF documents suitable for submission of patent documents to the United States Patent and Trademark Office.
>> Directions for Use of Job Options file [PDF 6MB]

PDF Conversion Headaches???
Notes on PDF files to consider(Contributed by Don! Thanks Don!):
The USPTO program which parses the uploaded files is much more forgiving with Adobe PDF versions and Cutewriter but when they parse their own docs, like the SB16, the parser actually looks at Adobe version numbers embedded in the uploads. For example: Cutewriter would not work with the uploaded SB16 but would with data and spec files. SB16 upload would not work with Adobe 8.1.6 (not in USPTO list) but would with Adobe 9.0 (in USPTO list).
Here is CutePDFwriter

Here is the Adobe 9.X Freebie version
If you give up call the USPTO computer guys will help at 866-217-9197

My sample files for you to study are here:
SB16
Drawings
Specification
Electronic receipt
Confirmation Letter
Ultra Detailed Specification & Drawings
Free Google Patent Search
Free World-Wide Patent Search
Free USPTO Quick Patent Search

What should I do with a Product Submission Agreement??

Frequently inventors have a need to enter into agreements with invention companies, potential buyers, investors, and licensees.

Of course, I insist that you ask these folks to sign an NDA before you disclose your invention. Additionally, I ALWAYS tell folks to file their provisional patent application BEFORE working with these folks and THEN move forward only after filing the provisional patent application. If you have a SUPER HOT idea then you might discover you need to file another provisional patent application to cover elements you may have left out. This is inexpensive and a safer way for you to move forward. Remember, it only costs $75 to file a provisional patent application.

Frequently these folks will ask that YOU sign a Product Submission Agreement. Below is an example of a "boiler plate" Product Submission Agreement with some comments under it...

PRODUCT SUBMISSION AGREEMENT

Submitter hereby acknowledges his/her understanding that the Company will review and consider your idea, development or invention, only under a non-confidential relationship, and only after your express agreement to the following terms and conditions:

A) NO CONFIDENTIAL RELATIONSHIP. I agree that no confidential relationship has been represented by Company nor shall a confidential relationship exist in connection with my submission of Information to Company. 

B) WAIVER AND RELEASE. Further, I hereby waive all rights, whether contract, tort or otherwise, except patent rights, and waive all claims that I may have now or in the future. 

C) NO OBLIGATIONS. Company shall not have any obligation to evaluate the Information or to communicate the results of any evaluation. 

D) PATENT RIGHTS. I do not hereby give Company any rights under any patents I now have or may later obtain covering the same. I will promptly notify Company of the filing or issuance of any patents related to the Information, and Company will have no liability for any infringement thereof prior to my notification. 

Submitter fully understands the foregoing provisions. Submitter has either sought the advice of counsel as to the meaning and significance of this PS Agreement, or decided to forego seeking the advice of counsel. 

Comments on each section:
(These comments are given to you to consider and when you negotiate with these folks they will realize you are sophisticated and not in a place to take any offer. I suggest asking an attorney to review any documents BEFORE you sign them as well!)

A) They get to do anything they want with your invention subject ONLY to any patent you might be awarded. I INSIST that you have them sign an NDA.. They are taking advantage of you here... Ask them to change it to be fair.

B) You waive all rights to sue them now and forever, except for patent rights you may be awarded. Not very good for you!Insist they change it.

C) They do not have to give you any reasons to reject your invention. A caution here too is they can reject it and even copy your inventive idea. This is why YOU need to file YOUR provisional patent application BEFORE working with folks. They do not have to communicate the results of any evaluation! That is not safe for you at all!

D) If you want to be able to sue them for damages on patent infringement you MUST notify them your patent has issued. Again, this is why you file your provisional first. The company could publicly disclose anything you have given them. This would lessen the value of your inventive idea! So, file your provisional patent application and protect yourself.

What happens once you finish your electronic filing?
Once you file your provisional you will get an electronic receipt. Then in about 3 weeks you will get a Confirmation Letter in the mail that acknowledges receipt of your provisional application.

It is important to know that once you file you will only get a confirmation from the USPTO that they have your Provisional Patent that is not checked for substance. It is only checked to see that it has the letter of transmittal, the specifications, and if necessary, the drawings. Nothing more.

Most importantly, you will want to put Patent Pending on your invention, have folks sign the Free NDA I provide, or something better than what I provide. Here is a VIDEO showing how to fill out your NDA. Remember, your Provisional Patent protects you for ONE YEAR so you can gather money to actually file a "Non Provisional" patent, such as the example I gave: 6782999 at the USPTO or 6782999 using Google. Remember, Google's patent database is not complete, but if you know the patent number, and you can find it in Google, then it is the EASIEST and FASTEST way to search patents if you do not subscribe to the USPTO Patent database for Patent Lawyers (VERY expensive). Need to sign your NDA's electronically? See the Transparent Signature Service I provide..

Go get your invention made, show it to potential distribution outlets and you may want to Discover the best contacts to Import From China to make your new product. This is an EXCEPTIONAL value and will turn you into an EXPERT! .

What if You forget something?
If you filed your provisional and a day later realized you left something out you can not "amend" your provisional. What you filed that day was your provisional application, your ideas of that day. If you have new ideas today, even if they are only slightly different, then you will need to file another provisional for $75, no discount. No need to mention your other provisional patent application because if you want to use any elements within it simply COPY what you want. Or, copy the ENTIRE PPA and just add your new matter. You will get the benefit of the filing date based on whatever PPA's you cite in your Non Provisional Patent Application. So, be careful to include EVERYTHING you can think of. Finish it today and look at it 3 days from today and THEN file it if you think you captured everything. Take advantage of my 15 minute review BEFORE you send your provisional. I have ALWAYS given folks GREAT ideas they had not even considered. An example might be a design for a novel light bulb decorative system that you later realize could be improved upon by providing a means to remove the heat from the light bulb thereby increasing it's life span. If you want to make sure you do not forget anything you might want to have me review your filing BEFORE you send it out. I will modify your submission and make recommendations as well as a video explaining WHY I have added or deleted elements. Frequently, I find many issues that folks do not consider or forget to incorporate. As an example an inventor may be very focused on an invention featuring universal joint with spring elements and I would suggest the addition of an elastomeric joint as an alternative embodiment. Also, folks will frequently "over constrain" their invention giving too "specific" constraints that I "loosen" the service is available here. Provisional Patent Review

How to Contact the USPTO

Are you ready for some GREAT news? Did you know that the U.S. Patent Office USPTO is run by the Federal Government and provides EXTRAORIDANRY Customer Service? You can call and they are VERY HELPFUL and do not charge you ANYTHING.

Here is how to contact the “Inventor’s Assistance Center”

1. Call 800-786-9199 and hit 2 for Patent Info
2. Then hit 5 for a Customer Service Representative.
3. There will be a recording that asks for the spelling of your First and Last Name as well as your phone number. Give it to them. They will NEVER bother you.
4. When a human comes on the line ask for the “Inventor’s Assistance Center”

You can ask them ANYTHING and they will help you. You get this help for free because the US Government WANTS you to get your patent. It bolsters our economy. They are ALL super nice, many are retires patent examiners and they KNOW THEIR STUFF. When I did my first patents with a patent attorney they always told me the Examiner was your enemy. I TOTALLY disagree. I have found them EXTRAORDINARILY helpful and accommodating and willing to help. Just amazing!

Benefits of a Provisional Patent... This is WHY you are using the Provisional Patent Process...

• Provides simplified filing with a lower initial investment with 12 months to assess the invention's commercial potential before committing to the higher cost of filing and prosecuting a non-provisional application for patent;
• Establishes an official United States patent application filing date for the invention;
• Permits 12 month 's authorization to use "Patent Pending" notice in connection with the description of the invention;
• Begins the Paris Convention priority year;
• Enables immediate commercial promotion of the invention with greater security against having the invention stolen;
• Preserves application in confidence without publication in accordance with 35 U.S.C. 122(b) , effective November 29, 2000;
• Permits applicant(s) to obtain USPTO certified copies;
• Allows for the filing of multiple provisional applications for patent and for consolidating them in a single §111(a) non-provisional application for patent; and
• Provides for submission of additional inventor names by petition if omission occurred without deceptive intent (deletions are also possible by petition).

If you think you need a copyright see how to do it free below...
Dave Korpi's Free Copyright Website...

Review the video below to determine if you need to protect your inventive idea with a Design Patent.   Here is HOW to file a Design Patent

• In the United States, the patent laws provide for the granting of a design patent to any person who has invented any new and non obvious ornamental design for an article of manufacture. The design patent protects only the appearance of an article, but not its structural or functional features.
• It is likely that your utility patent might benefit from protection of a Design Patent.

Some tax considerations and considerations when you sell your patent! These give you ideas of the value of your patent that are intangible and give your inventive idea more value than most folks realize! See your tax person for complete details...
If you are buying or selling a business with patent assets, or licensing patents then certain assets are intangible and must be amortized:

Section 197 Intangibles Defined

The following assets are section 197 intangibles and must be amortized over 180 months:

A Simple Example for reference with explanation to clarify

Let’s say you want to patent an idea where you integrate a toothbrush together with a beverage container. You want to do this because you are a dentist and you see all these kids with cavities because they drink Coke, Lemon Aid and other sugar drinks and do not brush their teeth afterwards. You know from large seminars that such a product could be sold to your patients and peers. You also know that it must be cheap to build it in China and just do not know how to either patent or manufacture it. We will see one way to bring this product to market..

You will want to find out if anything just like yours exists before you find someone to make it for you. Even if you DO find something similar you most likely have an "improvement" on it that you may not even know it patentable. Again, stay with me.. you CAN patent your "improvement"...

For a worldwide search go here.. Free World-Wide Patent Search ...

I know... You do not know what your invention is called. You do not know what to search for. If it is THAT unique then it probably, but unlikely, does not exist. Skip the search thing. Of course, you can use other names for the same thing. An automobile is called a car as well as a transportation device... Think what other names YOUR idea can be called. Try some of those. Still nothing? Not to worry... You will not need it. The VALUE of something similar is that you get an idea of what might exist and be able to identify your "IMPROVEMENT" more readily.

You can search any patent by first going to the FREE U.S. Patent Office here:

http://patft.uspto.gov/

Then go to Quick Search Here:

http://patft.uspto.gov/netahtml/PTO/search-bool.html

Again, let’s say you want to patent an idea where you integrate a toothbrush together with a beverage container.

To start your patent search of  “prior art” (to see if someone else has already patented something similar to your idea) you enter Beverage + container + toothbrush into Term 1: as shown below in the red box. The + tells the search engine that you want ALL TERMS included.

Once entered hit Search, as shown below with the red arrow:

After a few seconds, or longer, you will get a link from the USPTO like this:

Please do this yourself now and follow along… I’ll wait… Tum de dum de dum… OK.. Indeed, it will be beneficial…

Hitting the first patent we see the following:

When you click on Images you will see the patent in a TIFF format. If your computer does not support the TIFF format you can install the Altera TIFF reader, for free, from here http://patft.uspto.gov/help/images.htm or here:

AlternaTIFF:  http://www.alternatiff.com/ (tested: IE, Netscape, Opera).

Also, you can use Google Patents to read patents you have found on the USPTO web site Go here: http://www.google.com/patents?hl=en

When you get to Google simply enter the patent number, 7178533 , (Only use the 7 digits without commas) and download the PDF to read it. The patent is by Andrion. Folks in the patent field prefer to say the name of the inventor instead of the patent number. Therefore, we will refer to this as the Andrion patent.

I have included a copy of this simple patent for you to look at while reading this document. The electronic version looks like this in the USPTO Web site in Images View.
View PDF of Andrion Patent 7178533

Take note of the images. Scroll down.. Look over the whole thing..

The images give you a good idea of what the patent is all about. For example, from the images we can tell the patent is about a toothbrush that is mounted on the side of a beverage container.

We can see it is about integrating a toothbrush into the side of a beverage container. Frequently we see that someone has already gotten a patent for something that LOOKS very much like our idea but I want to make sure you understand that where the rubber hits the road, in patents, is in the specification and the claims. While the drawing might look like what we want we really must read the description and the claims.. Do not give up if you see something very similar to yours! Stay with me here…

Does it look like your idea?

We can see that the toothbrush goes on the side.

What if we wanted to have it stored in the bottom? What if our idea had a sheath that rotated to expose the toothbrush?

To see if we could get a patent on our idea with the toothbrush stored on the bottom we will need to first look at the claims.

The claims describe what is unique and covered by the patent holder. They are the main part of what a patent is all about.

We will want to click on Claims to see what the inventor has claimed to protect under US Patent Law. We note there are 6 claims and want to see if our idea will be allowed. Our idea is to have the toothbrush in the bottom inside a larger cap. Or, on the side but not like Andrion shows but in a manner that makes the blow molded bottle easier to make. In short the claims will allow for various modifications or “improvements” to an existing design.

If you wanted to patent an idea like this you might call it an “Improvement on Beverage Container And Toothbrush Holder” and since you are “smarter” and know the blow molder, you could have it made and your improved design protected with a properly drafted patent.

The concept of “improvement” is bugging you right? Here is how I can allay your fears. You know that there are patents on just about EVERYTHING. The first patent on a tire was an improvement on a wagon wheel, having a smoother ride. Then there was a patent for a tire with bias ply rating, an improvement on the solid rubber tire. Then there was a tubeless tire that was an improvement on the tire removing the hassle of a tube. Then the steel belted radial an improvement on the bias ply, then the modified tire tread to work in the rain, an improvement on the steel belted simple tread.

In short nearly everything is an “improvement”. You many not want to call it an improvement, perhaps because you want to “hide” your patent from folks like us who search on simple terms… You can call it a “Beverage container with tooth cleaning appliance” or some other name you dream up that will keep the USPTO happy.

The next thing to do is to look at what references were cited by the USPTO on this patent. You see this on the first page of the patent. We note that patent number 1,691,814 by King appears first. Some documents are “Design Patents” and you can look at those as well. In the USPTO Full Text viewer you will be able to click on the links. I have copied the links below for you to play with and explore.

References Cited [Referenced By]

U.S. Patent Documents

Clicking on the first one,1691814 yields this patent:

The patent office records this information because this patent is older than 17 years and is considered “prior art”. You can not patent things that are already patented. HOWEVER, you can patent IMPROVEMENTS on prior art as was done on this example … Getting more clarity on improvements?

Going further, the last reference cited, to this patent, we see the following by McCoy:

6782999 August 2004 McCoy et al.

We see the McCoy patent with only one claim as follows:

As you can see the original Andrion patent is an improvement to the McCoy patent because it is integrated with a beverage container and does not have a keychain holder as well as other elements.

Can you see how the system works?

Exercise

Now you have a very basic idea of how a patent search works. I ask that you do these exercises now put your own idea in the search phrase. The reason I use the USPTO is because the data is up to date. The data in Google Patents is not. The Google data frequently is 1 year behind. The USPTO site does not like if you open a ton of windows. This is because the free database is shared by many people. Just close each window when you are done. When that does happen just go to Google or use Google in tandem with the USPTO web site Real patent folks subscribe to the same data feed and it does not gag on too many windows. But why pay when you can get it for free?

My private phone number is: (831)-455-0418 California time 9 AM to 4 PM M-F, and my private e-mail is: dave.korpi@gmail.com

A BRAND NEW 24 Month Extension Pilot Program.. A Gift from the USPTO as of Dec 8, 2010 to YOU!

The United States Patent and Trademark Office (USPTO) is implementing a pilot program (Extended Missing Parts Pilot Program) in which an applicant can request a twelve-month time period to pay certain fees and to reply to a Notice to File Missing Parts of Non provisional Application. Under the Extended Missing Parts Pilot Program, applicant must file a non provisional application within twelve months of the filing date of a provisional application and directly claim the benefit of the provisional application, as well as submit a certification and request to participate in the Extended Missing Parts Pilot Program with the non provisional application.

In addition, applicant must not file a non publication request. Applicant will be given a twelve-month period to decide whether the non provisional application should be completed by paying the search fee, the examination fee, any excess claim fees, and the surcharge ($140.00 for non- small entity or $75.00 for small entity) for the late submission of the search fee and examination fee within that twelve- month period.

Requirements:

In order for an applicant to get a twelve- month (non-extendable) time period to pay the search and examination fees and any required excess claims fees under the Extended Missing Parts Pilot Program, the applicant must:

(1) submit a certification and request to participate in the Extended Missing Parts Pilot Program with the non provisional application on filing;

(2) the application must be an original non provisional utility or plant application filed under 35 U.S.C. 111(a) within the duration of the pilot program;

(3) the non provisional application must directly claim the benefit under 35 U.S.C. 119(e) and 37 CFR 1.78 of a prior provisional application filed within the previous twelve months; the specific reference to the provisional application must be in the first sentence(s) of the specification following the title or in an application data sheet under 37 CFR 1.76 (see 37 CFR 1.78(a)(5)); and

(4) applicant must not have filed a non publication request.

Read the Actual Law Here

In easy terms... If you have a hot idea and you do not have the funds to convert your provisional patent application to a non provisional patent application then you can get a 12 month extension, meaning you do not have to pay the fees for your non provisional patent. You still have to do work but you do not have to pay the fees. To get this gift, you must follow specific rules as are shown above in the link. The USPTO Patent assistance center will also help you through the requirements of getting your non provisional filed as these are beyond the scope of this provisional patent program.

Sadly (for the USA), the best place, on the planet, to manufacture a product is China and not the USA. As such I have found myself going to China to have products made… Why? Because the customer service is EXTRAORDINARY, they answer their e-mails IMMEDIATELY, they give high quality service, they are fast, they are honest, the shipping is cheap, their delivery is fast, and their prices are better. Don’t get me wrong… I am all about supporting the USA but when the quality of service of manufacturing facilities has dropped to a level where you have to call a company, because they will not answer their e-mails, and you get an automated, endless loop, answering machine, and then you get Bill, who hates his job, then Bill tells Sam to call you back but Sam is out golfing… You get the idea. It is, unfortunately, the way most American businesses are run. If they are not run this way their prices are so outrageously high that it is impossible to work with them. I remain hopeful that folks in the USA “wake up” for the benefit of our economy, but until they do I am continuing to work with China.

Book on Importing From China (Having your invention made in China)

In any case, I have had EXTRAORDINARY luck with working with China but the hard part was to find the right company. I found who I wanted from a simple eBook and downloaded all the files with directories of everyone. My niche was machining and I found my favorite place from the eBook. You can get it here: Click to Review and See if you want to order Book on Importing From China

Do not worry if the book looks like it is only for buying purses and reselling them! The book gives you the companies that make purses so they can make a purse EXACTLY the way you want. Heck, they can copy just about ANYTHING.

Here is some of their promotional information:

Importing From China In This Easy To Follow Guide You Will Discover How To Get The Massive Savings From Having Your Products Manufactured In China.

IMPORTING FROM CHINA . How To Start Your Own Import Business Without Losing Your Shirt is your personal importation assistant walking you through the entire process from beginning to end. Thousands of companies worldwide use these strategies every year to cut costs and source product from China so they can get an edge in the marketplace. Now you can too.

This comprehensive step-by-step manual by award-winning international businesswoman, Lindy Chen is THE tool that will get your business where you want it to be by importing goods from China:

Here is the link:Click to Review and See if you want to order Book on Importing From China

If you need help finding a good fair priced patent attorney I have a selection of attorneys that I can choose from based on what your art unit is. When I refer you to them I may get a commission of sorts which is why I do not put the names in this document. I also need to know what your patent is about and am happy to sign the NDA to protect you. However, I URGE you to get your PROVISIONAL BEFORE you contact folks! It is that important! I ALWAYS say DO NOT FILE a non-provisional unless you know it is able to "pay back" your investment. This is