“so, i’ve got this idea…” a brief introduction to u.s. patents charlotte rodeen-dickert,...

“So, I’ve got this idea…”

A Brief Introduction to U.S. Patents

Charlotte Rodeen-Dickert,Registered Patent Agent

© 2004, C. Rodeen-Dickert

What can be patented?

What does a patent do?

What are the requirements?What are the steps to apply

for a patent?


PATENTABLESUBJECTMATTER

35 U.S.C. §101

UTILITY35 U.S.C. §101

NOVELTY35 U.S.C. §102

NON-OBVIOUSNESS35 U.S.C. §103

ENABLEMENT/WRITTEN DESCRIPTION

35 U.S.C. §112

Requirements of Patentability


General Application Process

Documentation Prior ArtSearch

DraftApplication

Patentable subject matter? §101Utility? §101Novel? §102

Non-obvious? §103Enabling written description? §112

PTOExamination

Send Applicationand Fees to PTO

Allowance and Issue

Final Rejection

Amendments

Office Actions

Appeal…Request for

Continued Exam…


Farming

Today

What’s New for ‘04 Harvest

Prior Art

Trad

e Jo

urna

ls Super-Widget…as seen on TV

Only $19.95!

Advertisements

Prior ArtQuickTime™ and a

TIFF (LZW) decompressorare needed to see this picture.

QuickTime™ and aTIFF (LZW) decompressor

are needed to see this picture.

Patents


Application

Forms

SpecificationClaims…

Drawings

FEES




Claims

Field of InventionDetailed Description

Summary

Figures

Background

Results


“The Name of the Game is the Claim”

Set “metes and bounds” of the patent

What is claimed is:

1. A cat toy for encouraging a cat to play even if fearful or timid comprising, a handle, a flexible line connected at one end to the handle, a plaything connected to the other end of the line, a sound producing device connected to the cat toy for providing a characteristic sound when the handle is moved for developing an acquired reaction on the part of the cat through repeated use whereby the cat eventually recognizes the characteristic sound and responds thereto by showing it is eager to play with the plaything when it hears the sound.




Drawings

Numbers referenced in specification

Detail Drawings

Full View

Helpful for understandingthe patent and importantin later claim construction


“Anything under the sun that is made by man”

Any useful:Device, Method, Process

DesignPlant

Mathematical FormulaePhenomena or Laws of Nature

Algorithms not producing a “tangible result”

35 U.S.C. §101

Patentable Subject Matterand Utility


“Device”(Utility Patent)

QuickTime™ and aTIFF (Uncompressed) decompressor


I claim: 1. A motorcycle engine having at least a pair of cylinders, a piston disposed in each said cylinder, cranking means for translating reciprocal movement of said pistons into rotary motion, and a connecting rod assembly for coupling said cranking means to said pistons, said connecting rod assembly including a master connecting rod connected to one of said pistons, a slave connecting rod connected to the other of said pistons, and pivot means for pivotally connecting said slave connecting rod to said master connecting rod, said cranking means and said master connecting rod each including an oil passage adapted to provide oil to said pivot means.


“Process”(Utility Patent)



What is claimed is: 1. A method for making chocolate, said method comprising: (a) providing a chocolate mixture comprising a chocolate source selected from the group consisting of cocoa powder and chocolate liquor, a fat Sources selected from the group consisting of cocoa butter and a vegetable fat, and a sweetener…..



An improved chocolate manufacturing and/or refining process is provided. This process allows chocolate refining at a significantly increasedthroughput rate while maintaining the particle size distribution at thedesired level. Thus, the production rates of existing or newly designedchocolate-making processes can be increased significantly. ..


“Method”(Utility Patent)

What is claimed is: 1. A method of inducing aerobic exercise in an unrestrained cat comprising the steps of:

(a) directing an intense coherent beam of invisible light produced by a hand-held laser apparatus to produce a bright highly-focused pattern of light at the intersection of the beam and an opaque surface, said pattern being of visual interest to a cat; and

(b) selectively redirecting said beam out of the cat's immediate reach to induce said cat to run and chase said beam and pattern of light around an exercise area.

2. The method of claim 1 wherein said bright pattern of light is small in area relative to a paw of the cat. 3. The method of claim 1 wherein said beam remains invisible between said laser and said opaque surface

until impinging on said opaque surface. 4. The method of claim 1 wherein step (b) includes sweeping said beam at an angular speed to cause said

pattern to move along said opaque surface at a speed in the range of five to twenty-five feet per second


Design Patent

Note: only one claim required

Also denoted as D365,245


Plant Patent

QuickTime™ and aTIFF (Group 4 Fax) decompressor


DESCRIPTION

This invention relates to a new and distinctive short-day typecultivar designated as `Camarosa`, which resulted from a crossperformed in 1988 between the cultivar `Douglas` (U.S. Plant Pat.No. 4,487) and advanced selection Cal 85.218-605.

QuickTime™ and aTIFF (Group 4 Fax) decompressor



35 U.S.C. §102

Novelty

Claim 1:“A Cat Toy…Comprising…A handle…A flexible line…A plaything…Sound producing device…”

Kitty Fishin’ 2000Cats love it!

Magazine Advertisement

Only $4.95!!!

Point of Novelty


35 U.S.C. §103

Non-obviousness

Claim 1:“A Cat Toy…Comprising…A handle…A flexible line…A plaything…Sound producing device…”

Kitty Fishin’ 2000Cats love it!

+U.S. Patent No. 5,555,555

Stimpson

Auditory Cat Entertainment Device

A device to amuse feline pets through a pleasing sound…

…produced by a bell attached by a flexible line to a handle…

Only $4.95!!!

“teaching or suggestion to combine…”(claim probably would be “obvious”)


35 U.S.C. §112

Enablement

Specification must be thorough enough to allow “person having ordinary skill in the art” to“practice” the invention without “undue experimentation”

Inventor must show “ownership” of the invention

Full Disclosure

LimitedMonopoly


Final Rejection

Final Rejection

AppealRCEC-I-P


Allowance and Issue

UNITEDSTATESPATENT

PTO

Issue Fees

Maintenance Fees(utility only)

Utility - 20 years from filing dateDesign - 14 years from grant datePlant - 20 years from filing date

Right to exclude others from practicing the invention

…enforcement is patent holder’s responsibility


For more information…



www.uspto.gov



http://www.delphion.com/galleryhttp://www.patent.freeserve.co.uk/index.html

Patent It Yourself How to Make Patent Drawings Yourself(Nolo Press)

“so, i’ve got this idea…” a brief introduction to u.s. patents charlotte rodeen-dickert,...

Documents

said cylinder

utility slide

second slide

method of claim

registered patent agent

later claim construction

cat toy

continued exam slide