Getting a US Patent

[krw]

Then what does it mean?

It's hard for me to explain (IANL), but essentially most inventions
are obvious once you (more precisely, someone "skilled in the art")
see(s) them. The fact that you (they) *didn't* is a good indication
that it was non-obvious.

 

[krw]

Um, no. Not always. And you missed my point entirely.

Examiners do (on occasion) write claims, and if your invention is
patentable, they are required to draft at least one claim for you.
NOT THAT YOU WOULD EVER WANT THIS. I agee with you.
But your statement that "Examiners don't write claims" is indeed
false.

For the proof of this, and my original statment, I refer you to
section 707.07(j) of the USPTO's official Manual of Patent examining
Procedure.
Link: http://www.uspto.gov/web/offices/pac/mpep/mpep_e8r6_0700.pdf

Here is the section, reprinted in its entirety. Enjoy. (And now you
can stop dispensing incorrect information.)

This is the Usenet. ;-)

"When, during the examination of a pro se application it becomes
apparent to the examiner that there is patentable subject matter
disclosed in the application, the examiner should draft one or more ^^^^^^
claims for the applicant and indicate in his or her action that such
claims would be allowed if incorporated in the application by
amendment.
This practice will expedite prosecution and offer a service to
individual inventors not represented by a registered patent attorney
or agent. Although this practice may be desirable and is permissible
in any case deemed appropriate by the examiner, it will be expected to
be applied in all cases where it is apparent that the applicant is
unfamiliar with the proper preparation and prosecution of patent
applications."

You haven't cited where they *must*, by law, draft a claim. A patent
application without a claim isn't going to go very far. Though I
didn't know that they would write *any* claims. I've only had them do
the opposite. ;-)

 

[Don Lancaster]

There are literally dozens of ways to counter an examiner's position
that your idea is obvious, or anticipated by the prior art.
I won't list these, but you can find them in any good patent book.
Like the Nolo Press books.

http://www.tinaja.com/glib/bustpat.pdf


--
Many thanks,

Don Lancaster voice phone: (928)428-4073
Synergetics 3860 West First Street Box 809 Thatcher, AZ 85552
rss: http://www.tinaja.com/whtnu.xml email: [email protected]

Please visit my GURU's LAIR web site at http://www.tinaja.com

 

[Don Lancaster]

representation, etc....

Still, one would never go this route unless all they wanted was a
plaque to hang on the wall....

There is considerable anecdotal evidence that hanging your patent on
an east wall significantly reduces both the frequency and severity of
walrus attacks.

Recent double blind studies in Nebraska have reinforced this premise.

As far as can be determined, this is the ONLY known benefit of patents
to individuals and small scale startups.


--
Many thanks,

Don Lancaster voice phone: (928)428-4073
Synergetics 3860 West First Street Box 809 Thatcher, AZ 85552
rss: http://www.tinaja.com/whtnu.xml email: [email protected]

Please visit my GURU's LAIR web site at http://www.tinaja.com

 

[krw]

There is considerable anecdotal evidence that hanging your patent on
an east wall significantly reduces both the frequency and severity of
walrus attacks.

I wouldn't know anything about walrus attacks (didn't even like the
Beatles, much), but I do know that employers like them. ;-)

Recent double blind studies in Nebraska have reinforced this premise.

Rhose double blind studies must have been conducted in East Anglia.
The placebo patent would have an effect within the test error bars, I
would think. ;-)

As far as can be determined, this is the ONLY known benefit of patents
to individuals and small scale startups.

Nonsense. This individual benefited to the tune of about $20K from
his patents. Of course, it was paid by my employer who is not a small
scale startup. ;-)

 

[JosephKK]

No.

IMO Best way is to make a full and _free_ disclosure in the public
domain, and just get on and make/sell your item. There will be
competitors, but there are always competitors.

Trade secret may be a better approach. Even that has only about a 6 month
lifetime now. Of course there are extreme vault protections that may be used.

 

[JosephKK]

Yes; disclose it in a way that looks complete but leaves out one or
two critical items.
For example, see the public patent write-ups i did on a high voltage
shunt regulator: (1) http://oil4lessllc.com/HVREGPAT2.pdf and (2)
http://oil4lessllc.com/HVREGPAT1.PDF .

Much like most patents of the past 30 or more years.

 

[JosephKK]

Termites, obviously.

I thought it was cockroaches.

 

[Don Lancaster]

You keep saying that, Don, but it isn't true in general. For instance,
venture capitalists are very concerned about IP issues, and patent
protection especially.

You obviously have never tried to tie a second blindfold on a walrus.



--
Many thanks,

Don Lancaster voice phone: (928)428-4073
Synergetics 3860 West First Street Box 809 Thatcher, AZ 85552
rss: http://www.tinaja.com/whtnu.xml email: [email protected]

Please visit my GURU's LAIR web site at http://www.tinaja.com