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Posts Tagged ‘ inventor ’

The Importance of Keeping an Expansive View of the Invention

Posted: Saturday, Oct 18, 2014 @ 2:25 pm | Written by Gene Quinn | 3 comments
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Posted in: Educational Information for Inventors, Gene Quinn, Inventors Information, IP News, IPWatchdog.com Articles, Patent Drafting Basics, Patents

Although many inventors believe otherwise, drafting a patent application is not an easy endeavor. Indeed, the United States Supreme Court has described a patent application as one of the most difficult legal instruments to create. There are a great many pitfalls and perils that face anyone who drafts a patent application, particularly inventors who are not intimately familiar with the patent laws and regulations that will apply.

Attorneys are frequently very good at telling would-be entrepreneurs exactly what they should do, but if you have never been an entrepreneur it can be easy to lose sight of the universal truth that no matter how well funded you may be there is never enough money to afford to do everything that needs to be done. Indeed, even if you carefully plan a budget as an entrepreneur you really have to multiple whatever you think you need by a factor of at least 2 or 3 because things will cost more than you assume even if your projections are conservative. For example, it will come as a shock for many entrepreneurs that the cost of electricity for a business is far greater than the cost of the same electricity for a residential customer.



Why Inventors Should Not Rely On Their Own Search

Posted: Saturday, Oct 11, 2014 @ 8:00 am | Written by Mark Nowotarski | 4 comments
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Posted in: Educational Information for Inventors, Guest Contributors, Inventors Information, IP News, IPWatchdog.com Articles, Mark Nowotarski, Patent Basics, Patents

Perhaps you have an idea for a new product simmering in the back of your mind. You’ve done a few Google searches, but haven’t found anything similar. This makes you confident that you have stumbled upon the NEXT BIG THING.

Every day inventors tell me they “haven’t found anything like it,” and while that’s a good start, chances are that they haven’t been looking in the right places.

Before investing additional money and resources, it’s the right time to find out definitively if the invention is unique, determine if there is a market for it, and explore how to make it better.

Inventors should do a search online with a goal of finding two or three competitive products.  If they’re scared to do the search, that’s a good thing, because in my experience, it usually means they’re on the right track.



InventionHome Extends Deadline to Submit Inventions for DRTV Summit

Posted: Wednesday, Oct 1, 2014 @ 8:00 am | Written by Gene Quinn | No Comments »
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Posted in: Gene Quinn, Invention Marketing, Inventors Information, IP News, IPWatchdog.com Articles, Licensing

Several weeks ago I wrote about the fourth annual DRTV Summit sponsored by InventionHome. Initially the deadline for inventors to submit their inventions for consideration was September 30, 2014, but InventionHome has extended the deadline for inventors to submit until the end of this week. Submissions are now due by the close of business on Friday, October 3, 2014.

The DRTV Product Summit is a one-day event that will be held on Wednesday, October 22, 2014 at Robert Morris University in Pittsburgh, Pennsylvania. Inventors will be given the opportunity to pitch their products to representatives of the six (6) DRTV companies on one day in one location.

The event is not open to all inventors. Over the past few years the event has grown and there has been significant interest in the inventor community. In order to be considered inventors must submit their inventions to be reviewed by a panel of referees. Thanks to an extended deadline, submissions are now due no later than Friday, October 3, 2014. This submission and selection process insures that only the highest quality inventions are presented to the representatives of the DRTV companies that will be present. This maximizes the value for those DRTV companies, which means they keep coming back year after year. It also reserves pitch time for inventors with the most commercially ready products that have the greatest immediate chance for a deal.



Patent Drafting: Ambiguity and Assumptions are the Enemy

Posted: Saturday, Sep 27, 2014 @ 8:00 am | Written by Gene Quinn | No Comments »
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Posted in: Educational Information for Inventors, Gene Quinn, IPWatchdog.com Articles, Patent Drafting, Patent Drafting Basics, Patents

Should inventors be going solo and trying to protect their own inventions? No, at least not if you can afford to hire a patent attorney. Going solo through this patent maze would be similar to trying to remove your own appendix. If you can get to a hospital you should not be removing your own appendix! It is that simple. But there will always be inventors who will proceed on their own. Sometimes this is due to hubris, but frequently it is out of necessity.

There is nothing wrong with representing yourself if the choice is between DIY or not moving forward, but for those who will go it alone it is imperative that they become as familiar as possible with the rules, regulations and best practices. It is for these do-it-yourselfers who proceed out of necessity, but with their eyes open, that I write this and other similar articles.

One very common mistake inventors will make is that they will want to only describe their invention in the most general terms possible. Why would you want to be specific, they ask, because if you are too specific it will be easy for people to get around your patent. It is true that an unnecessarily specific discussion of the invention in a patent application can make it easy for competitors to copy your invention without infringing your patent, but if you file an application that only generally, or vaguely, describes the invention that is even worse.



John Calvert, A Champion for Indepenent Inventors

Posted: Saturday, Sep 20, 2014 @ 9:00 am | Written by Gene Quinn | No Comments »
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Posted in: Gene Quinn, Interviews & Conversations, Inventors Information, IP News, IPWatchdog.com Articles

John Calvert (r) with Senator Birch Bayh (ret.) at PTO 30th Anniversary celebration of Bayh-Dole.

John Calvert, a twenty-four year veteran of the USPTO, retired in June 2014. If you are in the independent inventor or product commercialization communities you undoubtedly know Calvert. After starting as a patent examiner, in 1999 he started working with independent inventors. He would ultimately be in charge of the independent inventor outreach efforts of the USPTO by the time he retired.

Calvert didn’t go quietly off into the sunset though, which is a good thing. A long time friend and champion of the independent inventor he is now going to work with and for inventors in the private sector by and through the United Inventors Association (UIA). As the new Executive Director of the UIA he will lend his time and talents in an endeavor that is near and dear to his heart.



A Conversation with New UIA Executive Director John Calvert

Posted: Saturday, Sep 13, 2014 @ 8:00 am | Written by Gene Quinn | 1 Comment »
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Posted in: Educational Information for Inventors, Gene Quinn, Interviews & Conversations, Inventors Information, IP News, IPWatchdog.com Articles

John Calvert

Many within the independent inventor community are well acquainted with John Calvert. Calvert originally started out working for the United States Patent and Trademark Office as a patent examiner, but by the time he retired twenty-four years later he was in charge of the independent inventor outreach efforts of the USPTO. I have known him for a long time, he is a friend, and he has been a champion for the independent inventor community.

When Calvert retired in June 2014 I was saddened to see a him leave, but also saddened because I know how tirelessly he works to inform, educate and assist independent inventors. While he has no doubt earned a quite retirement I am extremely pleased to say that in retirement Calvert will continue to work with independent inventors; he was recently hired as the new Executive Director of the United Inventors Association (UIA). His energy, passion, knowledge and contacts should dramatically impact the UIA in a positive way. Good things are no doubt on the horizon.



Call for Inventions for DRTV Product Summit Presented by InventionHome

Posted: Saturday, Sep 6, 2014 @ 11:11 am | Written by Gene Quinn | 2 comments
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Posted in: Gene Quinn, Invention Marketing, Inventors Information, IP News, IPWatchdog.com Articles, Licensing

Calling all inventors! InventionHome is once again hosting what is becoming a yearly DRTV Product Summit. The one-day event will be held on Wednesday, October 22, 2014 at Robert Morris University in Pittsburgh, Pennsylvania. Inventors will be given the opportunity to pitch their products to representatives of the six (6) DRTV companies on one day in one location.

This will be the fourth such DRTV Product Summit hosted by InventionHome. Over the first three Summits some 66 inventors pitched their inventions in the format described above. 61 of the 66 have left the Summit with at least one of the company representatives expressing some interest in pursuing additional discussions. Ultimately, 18 of the 66 inventors have received either a term sheet, licensing deal or rep agreement.

Unfortunately, this event is not open to all inventors. Over the past few years the event has grown and there has been significant interest in the inventor community. In order to be considered inventors must submit their inventions to be reviewed by a panel of referees. Submissions are due no later than Tuesday, September 30, 2014. The submission and selection process insures that only the highest quality inventions are presented to the representatives of the DRTV companies that will be present. This maximizes the value for those DRTV companies, which means they keep coming back year after year. It also reserves pitch time for inventors with the most commercially ready products that have the greatest immediate chance for a deal.



Getting Your Invention to Market: Licensing vs. Manufacturing

Posted: Saturday, Aug 16, 2014 @ 9:42 am | Written by Gene Quinn | 2 comments
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Posted in: Educational Information for Inventors, Gene Quinn, Inventors Information, IP News, IPWatchdog.com Articles, Licensing

In my experience the reason most people do not succeed is because they just don’t know what to do, not because they are lazy or unmotivated. My hope is that this article will educate inventors and help take some of the mystery out of the steps associated with turning an invention into a profitable endeavor.

Before you consider contacting anyone the best first place to start is with a simple question, which will help you chart the right course. Ask yourself: What you want to do with your invention? Do you want to make and sell your invention? Or, do you want to sell your invention rights to an individual or company who would make and sell your invention? Or, do you want to try and license one or more individuals or companies to make and sell your invention? After you make this determination your initial strategy should come into focus.



How to Describe an Invention in a Patent Application

Posted: Saturday, Aug 9, 2014 @ 12:51 pm | Written by Gene Quinn | 8 comments
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Posted in: Educational Information for Inventors, Gene Quinn, Inventors Information, IP News, IPWatchdog.com Articles, Patent Basics, Patent Drafting, Patent Drafting Basics, Patent Drawings, Patents

One of the biggest problems that inventors face when setting out to define their invention is with describing what the law refers to as “alternative embodiments of the invention.” Most inventors are quite good at describing exactly what they have invented. The invention is your work and you know it best, so it is not surprising that most inventors can (with enough effort) explain the preferred version of the invention; what the law refers to as the “preferred embodiment.” Nevertheless, it is absolutely essential to think outside the box when describing your invention in any patent application. Stop and think about different ways that your invention can be made or used, even if you deem them to be inferior. Failure to disclose alternatives will almost certainly foreclose your ability to say those alternatives are covered by your disclosure, which will prevent any issued patent from covering those undefined variations.

Focusing only on the large picture and not describing nuances and alternatives may not seem like a big deal, but history has shown that it is critical. If you are lucky enough to have invented something of great importance there will be a number of individuals and companies trying to capitalize on the opportunity you have created. If you dismiss variations or entirely different and unique embodiments then you are leaving those to the individuals and/or companies that would seek to capitalize on a product or process that is similar to your own, but not specifically covered by your patent claims. So what can you do?



Understanding Patent Claims

Posted: Saturday, Jul 12, 2014 @ 8:00 am | Written by Gene Quinn | 48 comments
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Posted in: Educational Information for Inventors, Gene Quinn, Inventors Information, IP News, IPWatchdog.com Articles, Patent Drafting, Patent Drafting Basics, Patents

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.

35 USC 112 requires that the applicant shall particularly point out and distinctly claim the subject matter which he or she regards as his or her invention. The portion of the application in which he or she does this forms the claim or claims. The claims are in many respects the most important part of the application because it is the claims that define the invention for which protection is granted.

Like most statutes, Title 35 is not very specific with respect to the details regarding implementation of its directives. Notice that 35 USC 112 only states that a claim is necessary, but does not provide any information on the structure or format of the claim or claims. It is, therefore, necessary to turn to Title 37 of the CFR to expand upon what is actually required. The basic section that deals with claim requirements is 37 CFR 1.75.