Posts Tagged: "famous inventors"

In order to obtain exclusive rights on an invention the law requires that the patent applicant particularly point out and distinctly claim the subject matter which the inventor regards as his or her invention. Any patent, or patent application, contains a variety of different sections that contain different information. Generally speaking, a patent is divided into a specification, drawings and patent claims. Only the patent claims define the exclusive right granted to the patent applicant; the rest of the patent is there to facilitate understanding of the claimed invention. Therefore, patent claims are in many respects the most important part of the patent application because it is the claims that define the invention for which the Patent Office has granted protection.

A non-provisional patent application is a domestic U.S. patent application that has the possibility to mature into an issued U.S. patent if after examination the patent examiner is satisfied that the patentability requirements have been met. So you can get a plant patent, a design patent or a utility patent. Obviously, plant patents come from plant patent applications and design patents come from either design patent applications or design patent continued prosecution applications. Utility patents, however, can come from a non-provisional utility patent application, a divisional application, continuation, continuation-in-part and/or a reissue application.

In order to obtain a utility patent one must file what is referred to as a non-provisional application or a non-provisional utility application. It is called “non-provisional” to distinguish it from a provisional patent applications . . . When you file a non-provisional application your application will be preliminarily reviewed by a Patent Office employee to see if all of the parts of the application, including the filing fee, are present. In order to file a non-provisional application you must fill out a number of forms, such as a Utility Transmittal Form, which really acts as a checklist to make sure you are including everything you need to file. Of course, you also must create the patent document itself. There are no forms for the patent document, which makes it challenging . . .

In order to protect an idea it must mature into an invention first. This means that you need to be able to explain to others how to make and use the invention so that they could replicate the invention after simply reading your description of the invention in a patent application. A patent application does not need to provide blue-print level detail, but rather it must teach those who have skill in the area you are innovating what they need to know to be able to carry out the invention. You also do not need to have a prototype, but you will need to be able to describe the invention with detail, providing sketches showing your inventive contribution. In order to get this far it is common for inventors to seek assistance from a product development company…

There are ways that inventors can file for patent protection on their inventions with a limited budget, but even then you have to be realistic in the costs of this undertaking. It is critical to remember though that this is a process, and in order to do it right there are several steps that need to take place and each of these steps will take time and money. You cannot simply write down on a piece of paper what your invention is, and get a patent. If you follow these necessary steps of the process, and use the resources available to you, you can file a respectable patent application at a somewhat reasonable cost. But keep in mind that even if you are relatively Internet savvy and an educated individual, without the assistance of a Licensed Patent Attorney, the chances of things being missed or written incorrectly, increase exponentially.

Unlike copyright and trademark protection, patent protection will only exist upon the issuance of a patent, which requires you to file a patent application. Simply stated, if you do not obtain a patent you have no exclusive rights. This is why inventors should never disclose their invention outside of a confidential relationship… Furthermore, despite what you may have been told or read, keeping a detailed invention notebook, even if you mail a description of the invention to yourself, provides no exclusive rights whatsoever. It is extremely important to keep detailed invention records in case you ever need to prove the particular date you invented… but keeping such records will never provide you any exclusive rights. You absolutely must file a patent application and have that application mature into an issued patent in order to obtain exclusive rights to your invention.

Willis Whitfield is the inventor of the system we today know as the clean room. In 1962, Whitfield developed a clean room technology that pumped air in through HEPA filters installed in the ceiling and drew air out through the floor at the bottom of the room. By using the force of gravity and a steady stream of air to propel airborne particulate to the ground, Whitfield’s system was able to keep the levels of dust and other particles to incredibly low levels within an enclosed room. Whitfield’s invention worked so well, in fact, that many found it difficult to believe his results. However, Whitfield’s clean room technology was about 1,000 times more effective at removing particulate from the air within closed spaces.

Among this year’s inductees into the National Inventors Hall of Fame is William Bowerman, the creator of the modern athletic shoe. Bowerman’s portfolio of patents include some of the foundational innovations that made Nike, the company that he helped to establish, such a force in the sporting equipment industry… We take a long view at the development of casual sneakers for use in athletic and recreational activities. From the first attempts at creating shoes with better stability while running, through contemporary inventions involving digital analysis utilizing shoe sensors, athletic shoes have greatly increased in technological complexity over the past 100 years.

If you are considering moving forward on your own the first question you should ask is whether you should even be pursuing an invention. The cost of filing for and obtaining a patent is typically quite minor in comparison to the amount of money required to create, market and distribute the invention. So if you can only muster several hundred dollars and need to file your own application because that is all you have, what are the realistic chances that you will be able to move forward in the commercialization process? I understand it is prudent to proceed with care and not needlessly waste money, but a couple hundred dollars is not a realistic budget. Truthfully, you might as well go to Vegas and put it all down on black (or red) and let it ride. At least you have close to a 50% chance, which is a greater chance of success than having only a few hundred to spend on your invention.

Simply said, a patent application is only as good as what is included within the application, and general or vague descriptions do nothing more than guarantee that no patent will ever issue. Beyond that, how can you realistically do a patent search on a first level, vague articulation of an invention? At present there have been more than 8.7 million U.S. utility patents granted and over 700,000 design patents granted. I can guarantee that if you vaguely describe your invention it will be easy to find prior art that will be exactly what you have described. Of course, when you see it you will say: “that isn’t anything like my invention.” But if you say your invention is multi-purpose knife, for example, and that is all you say then any multi-purpose knife would be prior art that would prevent you from obtaining a patent.