Patenting for Inventors

Can I patent a board game? Learn what can and can't be patented about board game in this episode of the Patenting for Inventors Podcast.

Connect with Diament Patent Law

E-mail: [email protected]

Website: DiamentPatentLaw.com

Phone/Text: (424)281-0162

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In this episode of the Patenting for Inventors Podcast, I teach you how to research the history of a patent by using Public PAIR. You can see every document from the inventor and Patent Office, and use that information to help you understand why a patent was either allowed or rejected.

Connect with Diament Patent Law

E-mail: [email protected]

Website: DiamentPatentLaw.com

Phone/Text: (424)281-0162

YouTube Channel: Diament Patent Law YouTube

LinkedIn: Diament Patent Law LinkedIn Profile

Facebook: Diament Patent Law Facebook

Twitter: Diament Patent Law Twitter

In this Patenting for Inventors Podcast episode I go over a special legal exemption that doctors have to protect them against getting sued for patent infringement if they perform a patented medical procedure. 

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Connect with Diament Patent Law

E-mail: [email protected]

Website: DiamentPatentLaw.com

Phone/Text: (424)281-0162

YouTube Channel: Diament Patent Law YouTube

LinkedIn: Diament Patent Law LinkedIn Profile

Facebook: Diament Patent Law Facebook

Twitter: Diament Patent Law Twitter

Formal patent drawings should not be attempted on your own. Even most patent attorneys don't make their own patent drawings, and instead use patent drawing specialists.  But how are formal patent drawings actually made? In this bonus episode, I interview Alfonso Martinez from "AM Patent Drawings & Graphics" and talk about the entire process of taking your sketches and photographs and turning them in beautiful patent drawings.  

Connect with Diament Patent Law

E-mail: [email protected]

Website: DiamentPatentLaw.com

Phone/Text: (424)281-0162

YouTube Channel: Diament Patent Law YouTube

LinkedIn: Diament Patent Law LinkedIn Profile

Facebook: Diament Patent Law Facebook

Twitter: Diament Patent Law Twitter

Most entrepreneurs want worldwide patent protection.  This would require more than one hundred foreign patent applications.  In this episode I go through the top five reasons you probably SHOULDN'T file foreign patent applications (and a few reasons you might).

Connect with Diament Patent Law

E-mail: [email protected]

Website: DiamentPatentLaw.com

Phone/Text: (424)281-0162

YouTube Channel: Diament Patent Law YouTube

LinkedIn: Diament Patent Law LinkedIn Profile

Facebook: Diament Patent Law Facebook

Twitter: Diament Patent Law Twitter

There are many ways to speed up your patent application examination. One way is to use the Fast-Track Appeals Pilot Program to shorten the appeal process by perhaps a year. Learn what you need in this episode to get your appeal fast-tracked!

Connect with Diament Patent Law

E-mail: [email protected]

Website: DiamentPatentLaw.com

Phone/Text: (424)281-0162

YouTube Channel: Diament Patent Law YouTube

LinkedIn: Diament Patent Law LinkedIn Profile

Facebook: Diament Patent Law Facebook

Twitter: Diament Patent Law Twitter

In this episode I go over the story, and lessons learned, from two parties fighting over the trademark "Geographical Center of North America."

Connect with Diament Patent Law

E-mail: [email protected]

Website: DiamentPatentLaw.com

Phone/Text: (424)281-0162

YouTube Channel: Diament Patent Law YouTube

LinkedIn: Diament Patent Law LinkedIn Profile

Facebook: Diament Patent Law Facebook

Twitter: Diament Patent Law Twitter

Sometimes strange situations might happen when you or your company tries to file a patent application and the inventor has died, is incapacitated, or the inventor is a minor. Can dead people and minors even file patent applications? Listen and find out!

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In this episode I go over what the entrepreneurs and sharks get right and wrong about patents from the TV show Shark Tank.  Oftentimes the sharks and entrepreneurs gloss over what protection they have (or more likely don't have), and I go over one particular episode where the sharks did a good job on questioning the entrepreneurs about their patent. 

In this episode I go over a special program from the Patent Office about how you can defer payment of your provisional patent application filing fees if your invention is Covid-19 related.

What is the Covid-19 Prioritized Examination? In this episode, learn how to get your patent application placed at the front of the line at the Patent Office with this free special program so your invention can get a patent within six months instead of what normally could take two to three years.

In this episode I go over the procedure of what to do if your patent is about to issue, you paid the issue fee to the Patent Office, but you just found something similar to your invention that you didn't previously disclose. QPIDS is the answer! Listen and find out what it is and how it's done!

In this episode, in honor of Women's History Month, I talk about one of the most famous female inventors of all time, actress Hedy Lamarr. Learn about her great achievements both on and off the screen!

Learn the ins and outs of branding and licensing with special guest, attorney David Schnider, partner at Nolan Heimann.  We discuss royalties, minimum guarantees, audits, what to watch out for in licensing agreements, exclusive vs. non-exclusive agreements, protecting your goods on Amazon, special considerations for intellectual property in the cannabis industry, and more!

In this bonus episode of the "Patenting for Inventors" podcast I interview Ara Oghoorian, founder of Acap Advisors and Accountants.  We talk about things to consider when you want to turn your invention into a business, such as what kind of entity you should form (c-corp, s-corp, llc, sole proprietorship).  We also talk about not commingling funds, maintaining accurate books, taking a reasonable salary, and getting the proper licenses to operate your business.

Acap Advisors and Accountants: https://www.acapam.com/ 

Email: [email protected]

Acap Advisors and Accountant YouTube Channel: https://www.youtube.com/c/Acapam

Phone: 1-818-272-8511

In this episode of the podcast I go over another way to litigate your patent. By using the International Trade Commission (ITC) you can stop imported infringing goods at the border. Learn how the ITC works and how to use it to your advantage.

In this episode of the "Patenting for Inventors" podcast, I go over all the stages of a patent trial, including: preparation, jury selection, opening statements, witness testimony, closing statements, the verdict, and potential appeals.

In this episode of the Patenting for Inventors Podcast I go over the basics of patent litigation discovery, including initial disclosures, requests for production of documents, requests for inspection, interrogatories, requests for admissions, depositions, and expert discovery.

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When a patent case starts, the judge wants to make sure that both parties are progressing in a timely manner to resolve the matter.  Various parts of the case must be completed by certain dates, which laid out in a scheduling order.  Listen to this podcast to learn the basics of patent litigation scheduling.

If you have received a cease and desist letter for your product based on alleged patent infringement, there may be a way to respond that is quick, simple, and cheap, by using a single easy to use website.  Listen and find out what it is and how to do it.

Should you be afraid that your patent attorney will steal your idea? Why won't patent attorneys sign non-disclosure agreements if they don't plan on stealing your idea?  

What good does a provisional patent application do? Can you use it to stop infringers? Can filing a provisional patent application stop others from stealing your invention? Find out as I answer this question from the Internet.

If you're an employee and come up with an invention, there's a good chance you don't actually own your invention.  Listen to this episode to learn about the factors used to determine whether you or your employer owns the invention.

In this episode I talk about how a patent suit at the district court can be temporarily halted by the defendant requesting a post-grant review at the USPTO.  This usually happens with an inter partes review request or a covered business method review request. Once the USPTO makes a determination on the validity of the patent, the case may essentially end the trial court, or the trial court may continue to determine infringement.

In this episode I go over how to answer a patent infringement complaint. You just received a complaint that alleges that you are selling a product that infringes someone else's patent.  What do you do?  How you respond depends on various factors, but I go through one way to answer a patent infringement complaint in this episode.

What are submarine patents and should you be afraid of them? In this episode I go over an old trick to keep your invention secret until everyone is using it.  Then when your patent issues, surprise big industries with a huge patent infringement lawsuit.  Not as easily done as it used to be, but still doable in some circumstances. Listen to find out how and why.

In this episode I go over the top 10 acronyms you'll come across in the patent world.  I talk about IP, filing your patent application with USPTO or EPO, what a PHOSITA is, using the MPEP to examine your patent application, appealing to PTAB or the CAFC, filing a PCT application under the rules from WIPO and getting a 35 USC 101 rejection.  Have no clue what I'm talking about? Then this episode is for you!

In this episode I go through a typical patent infringement complaint, including how to write about about the party that is infringing, the infringing products, your patent, and how to ask the court to help you resolve the matter.

In this episode I discuss how to respond to a patent cease and desist letter, should you ever get one. There are various strategies such as: requesting to open up negotiations to license, threatening to countersue with your own patents, threatening to invalidate their patent, designing around their patent, or ignoring their letter. 

In this episode I go over a sample cease and desist letter that could be used if you want to tell a company to stop selling your patented invention. I also go over what you should be careful of when you draft your letter.

In this episode I go through a broad overview of patent litigation and briefly touch on the subjects of: the demand letter, the complaint, the answer, scheduling, discovery, claim construction/Markman hearings, summary judgment, trial, and appeals.

In this episode I go over a question found on the Internet about whether a U.S. patent can be enforced in China. More importantly, I go over some of the wrong and incompletely answers that people were giving online in response to the question.

The "Patenting for Inventors Podcast" is branching out. I've now created animated videos on YouTube for various patent topics.  Check out the Diament Patent Law YouTube channel and subscribe to be notified when new videos come out.

Youtube channel: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw

The patent application process is expensive. You should know this upfront. In this episode I go over typical costs that you can expect for various stages of the patent application process and other typical costs for intellectual property matters such as copyrights and trademarks.

Signing a patent document should be easy, just print the document, take out a pen, sign on the line, print your name below, scan document, and submit to the patent office.  Not so fast! There are lots of ways to sign your document, and one way is with an s-signature. Learn how to sign by typing, and how to avoid all the pitfalls.

If you see a competitor's pending patent application and you're afraid that the examiner doesn't know that a reference exists that makes your competitor's so-call invention not new or obvious, then you can submit a third party preissuance submission. Learn how to submit documents to the USPTO for someone else's patent application file.

Learn how to speed up your patent application examination using the Patent Prosecution Highway. If you have allowable claims in a foreign patent or in a PCT application, you can get your application moved to the front of the line and save a lot of time.

Sometimes your attorney arguing to the patent examiner that your invention is patentable isn't enough, and the examiner might say that your attorneys arguments aren't supported by facts. When this happens you will need a Rule 132 Declaration, and oftentimes an expert to tell the patent examiner that your invention is truly inventive. Learn all about Rule 132 Declarations in this episode.

In this bonus episode of "Patenting for Inventors," I interview Eric Rose, founder and CEO of Pinnacle Product Innovation, Inc.  Eric is a product innovation and management consultant who provides entrepreneurs and established companies with the expertise to move new products from opportunity into marketplace reality. Eric has more than 35 years of experience in product innovation, product development, manufacturing, commercialization, and project management. He has worked in the consumer, medical, and industrial product industries with companies ranging from startups through Fortune 500 firms.

How do you know whether or not you're infringing someone else's trademark, or whether your trademark can be registered? It all comes down "likelihood of confusion." But how do you determine the likelihood of confusion? The United States Patent and Trademark Office uses what are called the DuPont Factors, a set of 13 factors to determine the likelihood of confusion between two marks.  Courts sometimes use a reduced set of factors to determine trademark infringement. In this episode I go over and explain these factors and how to apply them to your situation.

In this episode I go over a special way of claiming your invention by using "means plus function" claim language.  In this way of claiming your invention, you claim your invention not by physical structures, but by how the parts of your invention function.  Learn the pros and cons of using this approach and especially how to avoid the pitfalls of mean plus function claim language.

This is a crossover episode from the Products Business Show Podcast (Episode 78). Amy Wenslow is the founder of "Products to Profits," a business and product marketing company. I previously interviewed her on this podcast, and in this episode I am posting her interview of me.

A recent Federal Circuit case held that the figures in your design patent don't tell the whole story of what the scope of your protection is. The WORDS in a design application also matter.  This is important when you are deciding how to title your design patent application.  

If you file a patent application in a foreign country without permission from the government, you possibly could be fined $10,000 and go to prison for two years.  Learn how to avoid getting yourself in this situation by listening to this episode. 

The patent application process includes an enormous amount of deadlines that you have to keep in mind.  In this episode I go over the main deadlines and what you can do if you ever miss one.

Learn how to use statistical history at the Patent Office to your advantage so that your patent application will have a higher chance of allowance.  Learn how to write your application in a way so that it will end up in a high allowance art group, and then understand the statistical history of your particular patent examiner to see whether it's advantageous to conduct an interview, amend claims, file requests for continued examinations, file an appeal, or other strategy.

Do you find writing patent applications and interacting with the Patent Office fun and exciting! If you do, you might want to know what it takes to become a patent agent or patent attorney. In this episode I go over the process of how to become a patent agent or attorney.

In this bonus episode, I interview Amy Wenslow, founder and CEO of Products to Profits. Amy has decades of experience in international product development, sales, and management for consumer goods. She has helped her clients get their products into retail, QVC, and Shark Tank. She gives great advice on how to get your business to the next level.

In this podcast episode, learn the basics of what a patent license is, how it is different than an assignment, the different types of patent licenses, and what to keep in mind when entering a patent licensing agreement.

If you knew about someone else's patent but decided to make a product anyway that infringed that patent, you could be liable for triple the damages you caused under the doctrine of willful infringement.  Learn what willful infringement is and how to avoid it.

As an inventor, you will want to have trademarks for your business name and products. You might also want to make sure that you're protected throughout the world.  Learn one way to simplify getting world-wide trademark protection by using what is called the Madrid System.

Is there a simplified process to get near worldwide design patent protection? Learn about the closest thing we have to worldwide design patent registration by filing your design through the International Design Registration system under the Hague Agreement.

Who gets to be listed as an inventor on a patent? Do you have to physically make the product to be considered an inventor? Are engineers or manufacturers that just take your idea and figure out how to physically make it considered joint inventors with you? Answers to these questions and more are answered in this episode.

How words are defined in a patent can make the difference between patenting infringing and non-infringement. But how should words be defined if there's a fight about the meaning of a word in a patent? Should expert testimony be used? Dictionaries? Scholarly journals? The patent itself? Learn the hierarchy of sources for how words are defined in a patent to help you better draft your own patent application.

In this episode I go over a procedure in case someone steals your invention and then files a patent application before you do.  You can initiate a Derivation Proceeding so that the person that stole your invention is not rewarded with a patent.

In this episode I go over a way to protect yourself in case you think someone might assert that you committed fraud on the Patent Office because you didn't submit important information. You can use a Supplemental Examination so that the Patent Office can re-review your issued patent with information that you forgot the first time around.

In this episode I go over a way of invalidating someone else's patent in a very specific situation. Covered Business Method (CBM) Reviews are for invalidating patents where the patent is related to financial products and services.

In this episode I go over a third way to invalidate someone else's patent at the Patent Office, using a procedure called a Post Grant Review.

In this episode I go over a second way to invalidate someone else's patent at the Patent Office, using a procedure called an Inter Partes Review.

In this episode I go over one of the procedures you can use at the Patent Office to invalidate someone else's patent, called an Ex Parte Reexamination.

In this episode I go over the basics of patent infringement, including direct infringement, induced infringement, contributory infringement and the doctrine of equivalents.

Patents are not the only type of intellectual property that can protect your product, copyrights can be very useful as well.  Learn about what aspects of your product you should copyright and the process of how to do it.

In this episode of the "Patenting for Inventors" podcast, I go over how to correct simple mistakes in an issued patent using a Certificate of Correction.

If you realize that you made a mistake in your issued patent by claiming that your invention was either too broad or too narrow, all hope is not lost.  You can file a reissue patent application and possibly fix your mistakes. Learn how in this episode.

In this episode I talk about Ex Parte Quayle Actions.  These are a type of notification from the Patent Office that your application is almost ready to be allowed, but before allowance, a few minor things need to fixed up.  I go over what they are and how to respond to them.

In this episode, I go over how to put patent markings on your patented or patent pending product. I also go over the importance of product patent markings, and some pitfalls to watch out for.

In this episode I go over step-by-step how to actually file a United States trademark application online.

In this episode I go through how to figure out whether the name you have picked for your product has already been trademarked by someone else.  Learned how to do a very basic trademark search using the United States Patent and Trademark Office TESS trademark database.

While I focus on patents in this podcast, you should also know some basics about trademarks. In this episode I go over some things to think about when deciding on a name for your product or business.  I go over the five categories of marks: generic, descriptive, suggestive, arbitrary, and fanciful, and what to watch out for when picking a name.

Generally patents last 20 years from the date of filing, but in some situations they can be extended past this date.  Check out this episode to learn about the situations where your patent term can be extended.

In this episode I talk about how to conduct a patent examiner interview. I go over how to schedule one, what to do during an interview and what to do after an interview, as well as some patent interview strategies.

Sometimes your patent or patent application goes abandoned because you didn't respond to a rejection in time or you didn't pay the right amount fees to the patent office. What should you do? Learn the basics of patent and patent application revivals in this episode.

If your patent examiner keeps rejecting your application, what should you do? One option is to appeal to the Patent Trial and Appeal Board (PTAB).  Learn what an appeal is, and how to do one.

In this bonus episode of "Patenting for Inventors," I interview Genein Letford, author, educator, and founder of Alumni360, an entrepreneurship mentoring program for college bound students.

There are several options for responding to a Final Office Action. One option is to file a Pre-Appeal Brief Conference Request so that your application is reviewed by additional patent examiners.  Learn how to do this, and learn when it is, and when it is not in your interest to file one.

There are several options for responding to a final rejection. In this episode learn how to do one of those options, called a Request for Continued Examination.

If the claims in your patent application have been rejected twice, you usually will receive a final office action.  Don't worry yet! "Final" does not mean final.  There are at least eight options you have, and in this episode I present an overview of these eight options.

You are only allowed one patent per invention, but sometimes you might get a rejection called a "Double Patenting Rejection." What are these and how do you handle them?

Continuation-in-Part applications are useful for when you have some additional features you want to get patent protection for, but you didn't include them in your original patent application. 

This episode goes over the specific type of continuing application called a continuation application. Use continuation applications to broaden your patent protection from your original application, keep it pending to cover possible future design-arounds, or cover aspects of your invention that you didn't claim in your original application.

Learn what divisional patent applications are and when you should file one.  Divisional patent applications are useful when the patent examiner has previously required you to split up your originally filed application because you claimed too many inventions.  Instead of losing out on one of your inventions, you can file a divisional patent application.

If you are considering filing patent applications related to an application that you already filed, then you might be interested in a continuing patent application. There are different types and you should know the differences. In this episode I do a general overview of the different types of continuing applications: divisionals, continuations, continuation-in-parts, reissues, and continued prosecution applications (CPAs).

Learn how to respond to an election of species requirement from the patent office.  An examiner will not examine your invention if you are claiming too many variations of the same thing.  In this episode learn how to respond to such a requirement.

Learn what a patent application restriction requirement is.  A patent application is only allowed to have one invention, so what are you to do if the examiner says that your patent application actually contains more than one invention. You'll have to file a response to the restriction requirement and in this episode I go through how to do that.

Learn how to amend the patent application specification and the requirements of what to do if you have to do a substitute specification and how to mark up your application with strikethroughs, underlines, and double brackets.

In this episode I go through how to amend patent drawings.

In this episode I go through the mechanics of how to mark up any claims that you have amended.  Know how to properly use underlining, strikethroughs, and double brackets to tell the examiner what exactly has changed and what has remained the same since the last set of claims.

When you amend claims, you can't just send a new set of claims to the patent examiner and ask for a reconsideration, you have to identify and mark up your claims in a specific way. In this episode I discuss how to identify claims that have undergone some kind of change from the original claims.

In this episode I go through how to respond to obviousness rejections by using secondary considerations.  Secondary considerations for non-obviousness include reasons for patentability, including: commercial success, long felt but unsolved need, failure of others, skepticism by experts, praise by others, teaching away, copying by others, synergistic effects, inoperative combination, and lack of suggestion.

If the the Patent Office sends you an rejection based on obviousness, how should you respond? If the combination of previous products still don't have all the the features of your invention, then you might want to consider using the All Limitations/Elements Test in your response. Listen to find out how!

In this episode I introduce obviousness rejection responses. Your application can be rejected for lack of utility, lack of novelty, and obviousness.  If the examiner says that your invention is obvious, how are you supposed to respond?  This will be the first of likely many episodes of how to respond to these kinds of rejections. 

In this episode I go through how to respond to what is called a Section 102, novelty, or anticipation rejection. All of these terms mean that the examiner believes that your invention already exists in the public, so you can't get a patent on it.  Is all hope lost? Not necessarily! Listen to this episode to find out how to respond to such a rejection.

In this episode I go over the basics of how to prepare a response to an Office Action, such as the formatting, introduction, and conclusion.

In this episode I go over the three general options you have for responding to an Office Action, which are: abandon, amend, or argue.

In this episode I go over the basics of how to read an Office Action, and the steps you should take when you receive an Office Action.

In this episode I go through what patent objections are, how they differ from patent rejections and I talk about the different types of objections and how to overcome them.

In this episode I go over the basics of the different types of patent rejections. The main rejections you will see are called: 101 (subject matter), 102 (anticipation), 103 (obviousness), and 112 (specification and distinctly claiming subject matter) rejections. Learn what they and then in later episodes I'll cover how to handle them.

In this episode I go over the details of paying patent maintenance fees.  Your patent will generally last 20 years from your filing date, but you have to pay fees at the 3.5, 7.5 and 11.5 year marks from your date of grant. I go over these details and others in this episode.

In this episode I go over what to do when you get a Notice of Allowance and Issue Notification for your patent.

In this episode I go over the pros and cons of filing a U.S. or PCT application first. Factors to consider might be what countries you want to file in, costs, information you will get, and whether you have multiple inventions in your application.

In this episode I go through to how get patents in non-PCT countries. Most industrialized nations are part of the Patent Cooperation Treaty, so you can use a single PCT application to enter into the national stage application of most countries throughout the world and generally have 30 months to do so from your earliest filed application.  But some countries have not joined that treaty so you need to know what to do if you want patent protection in non-PCT countries such as Taiwan and Argentina.

In this episode I go over the PCT application timelines and deadlines. Most important are the 12 month and 30 month deadlines, but there are also events at 19 and 22 months that you should be aware of as well as some other events that happen at certain times. If you're at all interested in getting patent protection in foreign countries then you have to know you deadlines!

In this episode I go through all the details of how to file a PCT (international) patent application at the USPTO Receiving Office.  I focus on how to fill out the document called the Request and how to upload your documents to the Patent Office.

In this episode I go over some of the main differences between U.S. and PCT (international) applications, including formatting differences, reference number differences, and claim drafting differences. If you want to take your U.S. application and make it ready for PCT filing, then you should know these differences.

In this episode I go over what a PCT (international) patent application is and why you might want to file one.  If you are interested in getting patent protection anywhere outside the United States, there's a good chance you'll want to file a PCT application.

In this episode I go over what to do after you file your patent application, including how to read the filing receipt, foreign patent licenses, and calendaring deadlines.

In this episode I go through how to actually submit your U.S. patent application the USPTO (United States Patent and Trademark Office), including how to register as an eFiler, how to upload documents and how to pay for your patent application.

In this episode I go over the different ways that you can fast track your application and bump it up to the front of the line at the Patent Office. The ways you can do this include: Prioritized Patent Examination Program (Track One), Accelerated Examination, Patent Prosecution Highway, and Petition to Make Special based on various criteria such as age, health, or subject matter.

In this episode I go through how to prepare the declaration of inventorship.  The inventors must declare that they are an inventor of the invention in the patent application.  If you don't want to pay a fine or go to jail, then this is a must-listen to episode.

In this episode I go through how to the prepare the Application Data Sheet (ADS).  This is a form where you enter in lots of information about the application, the inventor, the applicant, priority patent information, and assignees.

In this episode I go through how to prepare a power of attorney for a patent application.  Although if you are filing and prosecuting your own application, you don't need a patent attorney, you probably should have one if your application has joint inventors.  Listen to the details in this episode.

In this episode I go through how you might be able to get reduced filing fees and other fees that you have to pay to the Patent Office.  There are three entity sizes: Large, Small, and Micro.  In this episode I go through how to determine which entity size you are so you can pay reduced fees at the Patent Office.

A patent assignment is a transfer of your patent rights to another party. In this episode I go through the ins and outs of patent assignments, and if and when you might want to file one.

In this episode I go through the Information Disclosure Statement (IDS).  You have to disclose to the Patent Office all the prior art (references) that you know about that could be material to the patentability of your invention.  There's a particular way you have to disclose the information and this episode goes through the commonly used form to submit this information to the Patent Office.

In this episode I go through how to prepare a design patent application. I explain how to draft the claims, the description, and how to prepare the drawings.

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In this episode I go through how to format and assemble a patent application, including page formatting, line numbers, paragraphs numbers, where to put in page breaks, and how to order all the sections of your application.

In this episode I go through some other sections of the patent application that most inventors won't have to include, but should at least be aware of their existence.  I go through four of these sections, and if your invention requires these sections for the application then you should consult an attorney.

In this episode I go through how to write the section of the patent application called, "The Cross Reference to Related Applications."  Not every application has this section, and is this episode I go over the scenario where you might have filed a provisional patent application before filing your non-provisional application.  In a future episode I will cover how to do this section if you are filing other types of applications, such as continuations, continuations-in-part, and divisionals.

http://www.diamentpatentlaw.com

In this episode I go through some tips and tricks for writing the section of the patent application called the "Abstract." I go through a real Abstract example to show how the Abstract fulfills the requirements set forth by the Patent Office. 

In this episode I go over how to write the section of the patent application called, "The Summary of the Invention."  I go through two of the major approaches and some tips and tricks to get you started.

In this episode I go through the part of the patent application called "The Background of the Invention."  Here you discuss what came before your invention and some of the shortcomings of the current devices.  You do not discuss your invention at all in this section. Leave the discussion of your invention to other sections.  You want to write this section in a way that makes the reader want to read the later sections that describe how you were able to overcome the problems in current devices.

In this episode I go over the section of the patent application called "The Brief Description of the Drawings." It's fairly simple to do, just write a short one sentence blurb and include the figure number, the direction of the view, and what it's a figure of.

In this episode I go through the part of the patent application called "The Detailed Description of the Embodiments."  I go over how to write this section to satisfy the written description, enablement and best mode requirements. I go over how to relate you description to your claims section and and how to relate it to the drawings.  I discuss numerous tips and tricks when writing this section.

In this episode I go through the requirements for utility patent application drawings.

In this episode I go through ten useful tips for drafting claims. There are lots of things to think about when drafting claims and here's just a taste of some aspects to think about.

In this episode I go through the differences between independent claims and dependent claims and why you should have a mix of broad independent claims and narrower dependent claims in your patent.  Dependent claims serve as backups in case your broad independent claim is found invalid and I go through some examples of how these are drafted.

In this episode I go through the anatomy of a method claim.  I go through the various types, such as claims for new and non-obvious steps to accomplish a goal, a method of making a product, and product by process claims.  I use simple examples such as a hypothetical claim to patent frying an egg and an actual patented method of making guacamole and a product by process claim for guacamole.

In this episode I go through the parts of a device or apparatus claim, which are the preamble, the transition word, and the limitations.  I cover some major things to think about when you draft claims, and some pitfalls to avoid. 

In this episode I go through the initial step of claim drafting, which is first to identify what your invention actually is.  I go through an example of patented multi-bit screwdriver using the "prune and distill" and "problem and solution" methods of identifying the invention. Only after you have first identified the invention should you begin to draft claims and the rest of your invention.

In this episode I go over what provisional patent applications are, the differences between provisional and non-provisional patent applications, the pros and cons of provisional patent applications, and the requirements for provisional patent applications.

In this episode I go through what happens from when you file your patent application until your patent issues.  There are lots of twists and turns your application can take so this is just a general overview of what happens and what you should do when you get a rejection, and your options, such as amending your application, arguing for patentability, filing a request for continued examination, appealing to the Patent Trial and Appeal Board, Federal Circuit, and Supreme Court.  Details will be covered in future episodes.

In this episode I go through a brief introduction of the main six parts of a patent: 1) the abstract, 2) background of the invention, 3) summary of the invention, 4) brief description of drawings, 5) detailed description of the embodiments, and 6) the claims. In later episodes I will go over more details about each of these parts.

In this episode I go through the problems of telling people about your invention, who you should get to sign non-disclosure agreements, and the deadlines to file your patent application if you've already disclosed your invention to the public.

In this episode I go through ways to do a patent search, including key word searches, classification searches, and forward/backward citation searches.  I also go through an example patent search for an avocado slicer where you can follow along.

In this episode I go through the next steps to determine whether your invention might be patentable.  In order to receive a patent, your invention must be new, useful, and non-obvious.  But how is that determined? This episode will give you a quick rundown.

In this episode I tackle the question of whether your idea (or embodiments of your idea) is even eligible to receive a patent. I go through inventions and discoveries that can be subject to a patent, and ones that cannot be subject to a patent.

In this episode I go through the four main types of intellectual property so you can determine whether you might need patent, trademark, copyright and/or trade secret protection.