On August 14, 2008, the United States Patent & Trademark Office decided to profoundly changed the rules that govern patent attorneys and patent agents may do when working with independent inventors who are seeking advice but not full representation.  In a nutshell, the Patent Office has decided that patent attorneys and agents can no longer provide limited consulting to inventors, but rather if an…

Effective October 2, 2008, the United States Patent Office fees will once again be changed, which is a yearly or bi-yearly event. The filing fee to the Patent Office for an individual inventor or a small company that qualifies for small entity status (i.e., companies with fewer than 500 employees) is now $165.00. For those who are familiar with the…

When you sit down to collect the information necessary to create the “design document” you have to keep three things in mind. Any good patent application that covers a software related invention will need to put forth three specific pieces of information. First, you need to describe the overall computer architecture of the system within which the software will exist. Second, you need to prepare a single flowchart that depicts the overall working of the software. Third, you need to prepare a series of flow charts that show with painstaking detail the various routines and subroutines that together connect to create and deliver the complete functionality of the computer system as enabled by the software.

UPDATE: See Sadly, Invention Promotion Alive & Well The United States Patent and Trademark Office has announced that it is adopting new rules relating to a variety of issues that impact who can engage in representation of clients before the PTO, both on the patent and the trademark side of the Office. These new rules, which will go into effect…

Over the years I have received quite a number of e-mail inquiries and telephone calls from inventors who are looking for information and advice. Typically, the initial communication starts off with the inventor saying that they have an invention that they know will be well received in the market and that they are looking for a patent attorney who can…

John McCain has a broad and cohesive vision for the future of American innovation. His policies will provide broad pools of capital, low taxes and incentives for research in America, a commitment to a skilled and educated workforce, and a dedication to opening markets around the globe. He’s committed to streamlining burdensome regulations and effectively protecting American intellectual property in…

On Monday, August 4, 2008, the United States Court of Appeals for the Second Circuit issued an important decision that sets the stage for Cable companies and Satellite TV providers to sell technology that will allow for the archiving of recorded television shows in digital format.  This decision overrules an earlier decision by a federal district court that ruled in…

I am frequently asked the same or similar question with respect to patent applications by independent inventors — How much information do I have to include in a patent application?  Sometimes this question is prefaced by something like — I have the concept but I am no scientist and I don’t know how to actually create the invention. The first…

On July 23, 2008, the United States Patent & Trademark Office published an interesting notice in the Federal Register. This particular notice announced nothing new in terms of the law, but will have an enormous impact on the way patent services are provided to many corporations and law firms. Specifically, it has finally come to the notice of the Patent…

Pillow with breasts US Patent No. 7,386,902 Issued June 17, 2008  This is an interesting invention indeed.  I am not posting this to poke fun of the invention, but rather because it is certainly unique.  Sometimes we lose sight of the fact that inventions are intended to provide exclusive rights for inventors to insulate themselves from competition.  So any patent…

Over the years I have written quite a bit about invention scams, and in fact one of my most popular pages is The Truth About Invention Promotion Companies, which typically comes up in the top few sites in Google and Yahoo when a search is done for invention promotion companies. It is sadly true that there are a lot of…

It is not at all uncommon for inventors to want to attempt to draft and file patent applications on their own.  This is in no small part due to the fact that if an independent inventor goes to a patent attorney the attorney will typically require somewhere from $5,000 to $10,000 up front prior to commencing representation.  This is a…

The 13th annual Independent Inventors Conference will be held on the campus of the United States Patent and Trademark Office (USPTO) in Alexandria, Virginia August 8-9. A pre-conference workshop, for anyone interested in learning about the basics of patents and the importance of intellectual property protection, will be held on August 7 from 5 to 7 p.m. The workshop is…

Bi-axial rotating magnetic therapeutic device US Patent No. 6,648,812 [ PDF ] [ HTML ] Issued November 18, 2003 This device varies magnetic field intensity by rotating a single magnet about two axes at the same time.  This could be a legitimate, real invention, if only it were claimed as a human amusement device, or a device for sucking money from…

Senior officials of the United State Patent and Trademark Office will be available live on-line Thursday, June 26, from 2 to 3 PM (EST). They will be answering questions and offering tips for independent inventors. Instructions for taking part in the on-line chat will be posted on the home page of the USPTO web site at 10 AM (EST) next Thursday.…