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Patent It Yourself

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ISBN-10: 087337469X

ISBN-13: 9780873374699

Edition: 8th 1998

Authors: David Pressman, Linda Allison-Lewis, Stephen Elias

List price: $49.95
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Book details

List price: $49.95
Edition: 8th
Copyright year: 1998
Publisher: NOLO
Binding: Paperback
Pages: 512
Size: 8.25" wide x 10.75" long x 1.00" tall
Weight: 2.442
Language: English

Originally from Philadelphia, San Francisco Patent Attorney David Pressman is a graduate of Penn State University (BSEE) and George Washington University Law School (JD) where he was on the Law Review. He has over 40 years of experience in the patent profession -- as a patent examiner for the U.S. Patent Office, a patent attorney in corporate and private practice, a university instructor, a columnist, and as author of the Patent and Trademark entries to the World Book Encyclopedia. He is an expert on patent filing, prosecution, and licensing and his books have charted the path for over 250,000 inventors. Patent It Yourself is the most highly recommended guide to patenting an invention. Dave…    

Stephen R. Elias is an attorney and former associate publisher at Nolo, as well as current President of National Bankruptcy Law Project. He is the author of many Nolo books, most recently The New Bankruptcy: Will It Work for You? Other titles include Special Needs Trusts: Protect Your Child's Financial Future, How to File for Chapter 7 Bankruptcy, and Legal Research: How to Find and Understand the Law. He is also one of the original authors/designers of Nolo's bestselling WillMaker software. Steve holds a law degree from Hastings College of Law and was a practicing attorney in California, New York and Vermont before joining Nolo in 1980. He has been featured in such major media as The New…    

Introduction to Patents and Other Intellectual Property
What Is a Patent and Who Can Apply for It?
The Three Types of Patents
The Novelty and Unobviousness Requirement
How Long Do Patent Rights Last?
Patent Filing Deadlines
Patent Fees
The Scope of the Patent
How Patent Rights Can Be Lost
What Rights a Patent Grants and the Prior-Art Reference Value of a Patent
What Can't Be Patented
Some Common Patent Misconceptions
How Intellectual Property Law Provides "Offensive Rights" (and Not Protection) to Inventors
Alternative and Supplementary Offensive Rights
Intellectual Property--The Big Picture
Trade Secrets
Unfair Competition
Acquisition of Offensive Rights in Intellectual Property--Summary Chart
Selection Guide to Which Type of Intellectual Property Is Best for Your Creation
Invention Exploition Flowchart
The Science and Magic of Inventing
What I Mean by "Invention"
Inventing by Problem Recognition and Solution
Inventing by Magic (Accident and Flash of Genius)
Making Ramifications of Your Invention
Solving Creativity Problems
Contact Other Inventors
Beware of the Novice Inventor's "PGL Syndrome"
Don't Bury Your Invention
Documentation, the DDP, and the PPA
Documents Are Vital to the Invention Process
Documentation Is Vital to Prove Invention
Trade Secret Considerations
Record the Building and Testing of Your Invention
How to Record Your Invention
Another Way to Record Conception or Building and Testing--The Invention Disclosure
The Disclosure Document Program (DDP)--Or How to Make the PTO Your Witness to Conception
The Provisional Patent Application--A Substitute for Building and Testing, With Some Disadvantages
Don't Use the So-Called "Post Office Patent" to Document Your Invention
Will Your Invention Sell?
Why Evaluate Your Invention for Salability?
Start Small but Ultimately Do It Completely
You Can't Be 100% Sure of Any Invention's Commercial Prospects
Take Time to Do a Commercial Feasibility Evaluation
Check Your Marketability Conclusions Using the Techniques of Consultation and Research
Now's the Time to Build and Test It (If Possible)
What Is Patentable?
Patentability Compared to Commercial Viability
Legal Requirements for a Utility Patent
The Statutory Classes
The Patentability Flowchart
Search and You May Find
Why Make a Patentability Search?
When Not to Search
The Two Ways to Make a Patentability Search
How to Make a Preliminary Search
The Quality of a Patent Search Can Vary
How to Hire a Patent Professional
How to Prepare Your Searcher
Analyzing the Search Report
Do-It-Yourself Searching in the PTO
The Scope of Patent Coverage
Searching It Yourself in a Patent and Trademark Depository Library
Computer Searching
Searching Software Inventions in the Software Patent Institute's Database
The IBM Patent Searching System on the Internet
Consider Your Options
Drop It If You Don't See Commercial Potential
Try to Sell Invention to Manufacturer Without "Regular" Patent Application
File an Application and Sell It to or License a Manufacturer If You See Commercial Potential and Patentability
If You Have Commercial Potential Without Patentability, License or Sell Your Invention to a Manufacturer Without Filing
Make and Sell Your Invention Yourself Without a Utility Patent Application
Manufacture and Distribute Your Invention Yourself, Keeping It As a Trade Secret
File Patent Application and Manufacture and Distribute Your Invention Yourself (Trade-Secretable Invention)
File Patent Application and Manufacture and Distribute Invention Yourself (Non-Trade-Secretable Invention)
Test Market Before Filing
How to Draft the Specification and Initial Drawings
Lay Inventors Can Do It!
What's Contained in a Patent Application
What Happens When Your Application Is Received by the PTO?
Do Preliminary Work Before Preparing Your Patent Application
Writing Your Patent Specification to Comply With the Full Disclosure Rules
Software and Other Computer-Related Inventions
First Prepare Sketches
Drafting the Specification
Drafting the Abstract
Review Your Specification and Abstract Carefully
Checklist for Your Patent Application Draft
Specification of Sample Patent Application
Now for the Legalese--The Claims
What Are Claims?
The Law Regarding Claims
Some Sample Claims
Common Misconceptions Regarding Claims
One Claim Should Be As Broad As Possible
The Effect of Prior Art on Your Claim
Technical Requirements of Claims
Drafting Your Main (Independent) Claim
Other Techniques in Claim Writing
Drafting Dependent Claims
Drafting Additional Sets of Claims
Checklist for Draft Claims
Finaling and Mailing Your Application
The Drawing Choices
PTO Rules for Drawings
Doing Your Own Drawings
Consider Using a Professional Patent Draftsperson
Finaling Your Specification, Claims, and Abstract
Name All True Inventors and Only True Inventors
Completing the Patent Application Declaration
Fill Out the Small Entity Declaration If Appropriate
Complete the Transmittal Letter and Fee Transmittal, Check, and Postcard
Maintain an Orderly File
Assembly and Mailing of Your Application--Final Checklist
Using Express Mail to Get an Instant Filing Date
Receipt That Application Was Received in PTO
File the Information Disclosure Statement Within Three Months
Petitions to Make Special
Filing a Design Patent Application
How to Market Your Invention
Perseverance and Patience Are Essential
Overview of Alternative Ways to Profit From Your Invention
Be Ready to Demonstrate a Working Model of Your Invention to Potential Customers
Finding Prospective Manufacturers/Distributors
The "NIH" Syndrome
The Waiver and Precautions in Signing It
The Best Way to Present Your Invention to a Manufacturer
Presenting Your Invention by Correspondence
Making an Agreement to Sell Your Invention
Manufacturing and/or Distributing the Invention Yourself
Going Abroad
The Paris Convention and the One-Year Foreign Filing Rule
Other Priority Treaties Similar to the Paris Convention
European Patent Office/Europaisches Patentamt/Office europeen des brevets (EPO)
The Patent Cooperation Treaty (PCT)
Non-Convention Countries
Never Wait Until the End of Any Filing Period
The Early Foreign Filing License or Mandatory Six-Month Delay
Don't File Abroad Unless Your Invention Has Very Good Prospects in Another Country
The Patent Laws of Other Countries Are Different
The Ways to File Abroad
Resources to Assist in Foreign Filing
Getting the PTO to Deliver
What Happens After Your Patent Application Is Filed?
General Considerations During Patent Prosecution
A Sample Office Action
What to Do When You Receive an Office Action
Format for Amending the Specification and Claims
Drafting the Remarks
Drawing Amendments
Typing and Mailing the Amendment
If Your Application Is Allowable
If Your First Amendment Doesn't Result in Allowance
Statutory Invention Registration (SIR)
If Your Application Claims More Than One Invention
Protests Against Allowance of Your Patent Application
NASA Declarations
Design Patent Application Prosecution
What to Do If You Miss or Want to Extend a PTO Deadline
Your Application Can Have Children
Available Extension Cases
Continuation Applications
Divisional Applications
Continuation-in-Part and Independent Applications
Reissue Applications
Statutory Invention Registration and Defensive Publications
Substitute Applications
Double Patenting and Terminal Disclaimers
After Your Patent Issues: Use, Maintenance, and Infringement
Always on Tuesdays
Press Release
Check Your Patent for Errors
Patent Number Marking
Advertising Your Patent for Sale
What Rights Does Your Patent Give You?
Be Wary of Offers to Provide Information About Your Patent
Maintenance Fees
Legal Options If You Discover an Infringement of Your Patent
What to Do About Patent Infringement
Product Clearance (Can I Legally Copy or Make That?)
The Court of Appeals for the Federal Circuit (CAFC)
Using the Re-Examination Process to Reduce the Expense of Patent Infringement Suits
Jury Trials
How Patent Rights Can Be Forfeited
Your Patent Is Subject to Interference for One Year
Patent Litigation Financing
Ownership, Assignment, and Licensing of Inventions
The Property Nature of Patents
Who Can Apply for a Patent?
Joint Owners' Agreement
Special Issues Faced by the Employed Inventor
Assignment of Invention and Patent Rights
Record Your Assignment With the PTO
Licensing of Inventions--An Overview
Universal License Agreement
How Much Should You Get for Your Invention?
Abbreviations Used in Patent It Yourself
Books of Use and Interest
Glossary of Useful Technical Terms
Fee Schedule
Mail, Telephone, and Computer Communications With the PTO and Internet Sites
Quick-Reference Timing Chart
Tear-Out Forms