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ED 148 601

TITLE

INSTITUTION

PUB DATE

NOTE

AVAILABLE FROM

EDRS PRICE

DESCRIMORS

ABSTRACT

,7DOCUMENT RESUME 'SE 023 472

1Patents & Inventions: An Information Aid for

Inventors. Revised Edition.

Patent Office (DOC), Washington, D.C.

Aug 77

26T.
Superintendent of Documents, U.S. Government Printing

Office, Washington, D.C. 204.02 (Stock Number

0304-00511; No, price quoted)

MF -$0.83 HC-$2.06 Plus Postage.

*Distributive Education; *FedeN1 Legislation; *Instructional tiaterials; *Inventions; Marketing; *Patents; *Technology This pamphlet explains'what a patent is, discusses, the importance of patents, and gives basic steps to take in obtaining a patent. A section' on marketing and developing inventions is also included along with answers to questions frequently asked concerning patents and inventions. (MN) 0. a *******************************.*************** ******************1**** *Documents acquired by ERIC include many

nforial unpublisled.*'*,materials not available from ether sources.RIC makes every,effort'** to obtain the best copy available. Neverthel: ss, items Of marginal

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* responsible for .the 'quality of the original document. Reprodubtions * *- supplied by EDRS a/eAjLhe best that can be made from the original,. 4 CD %.0

C°Patents & Inventions: An InformationAid-4-

ttONS ":' FOR INVEi

U S DEPARTMENT OF HEALTH

EDUCATION & WELFARE

NATIONAL 14STITUTE OF

EDUCATION

' H.5 DOC JME N6THAS BEEN REPRO-DUCED ExACTL Y AS RECEIVED FROM

THE PERSON OR ORGANIZAT ION OR IGIN-AT,N,C, cT POINTS OF VIEW OR,OPiNtONSS`AED DO NOT NECESSARILY REPRE-

SENT 0, c- ,CiAL NATIONAL INSTITUTE OF

FOL,CA T ON POSITION OR POLICYFor background information,.seg

GENERAL INFORMATION

CONCERNING PATENTS

4 -t

U.S. DEPARTMENT

OF COMMERCE

d ...Juanita M. Kreps

Secretary

`7

2PATENT AND

TRADEMARK OFFICE

C. Marshall Dann

Commissioner

Revised August 1977

0Content's

Page

INTRODUCTION1

THE IMPORTANCE OF PATENTS

1 'THE INDEPENDENT INVENTOR 2

SUMMARY bf BASIC STEPS :

First Step Make Certain It Is Practical

.......3Second StepWitnesse,s, Records and Diligence3Third Step The Search,4Fourth StepStudying Patents Found in the Search

.6 \Si.rthStep Preparing the Patent Application7.i.rth Step Patent and Trademark Office Prosecution9

MARKETING AND DEVELOPING THE INVENTION

..11

ANSWERS TO QUESTIONS FREQUENTLY ASKED

13 THE PURPOSE of this pamphlet is to help inventors decide whether to apply for patents, obtain patent protection and promott their inventions.

For more detailed information see:

General Information Concerning Patents,' 75 cents.37 Code ofFederal Regulations,72.20.0

Patent Laws, $2.10.Attorneys and Agents Registered to ptactice 'Before the-U.S. Patent andTrademark Office, $3-70f.

Fol.-Sale by the Supelintendent of Documents, U.S. Govertiment Printing Office

Washington, D.C. 20402Stock Number 0304-00511

GPCi LIBRARY CATALOG NO. C21.2 .P27/10/968

LIBRARY- OF CONGRESS CATALOG NO.

64-65511/

4 3 zo6

Introduction

What Is a Patent?

A patent is a grant:by the United States to

an inverfior of the right'to exclude others for a limited time from making, using,or sellinghis invention in this country. It isa printed document in which theinvention isdisclosed and the rights of the inventorare defined.When tui inventor secures,a patent lie has the opportunityto profitby Manufacture. sale.oruse of the invention in a protected marketor,,,by charging others for makingor using it. Rights for patents

granted for invention of new and useful processes; machines,intim-factures. compositions- of matteror plants, run for.17 years fromthe date when the patentgranted: _1 patent for a nek-original and,ornamental design forarticle of'manufacture may run- for 31/2, 7,or 14 years, as desired by the patentee.

The' Importance of Patents

It is natural to ask why the .691"-ernment makes this offer of pro- section under the patent,law. 'rite answer is in the Constitution itself, which provides that Congress may secure this right to inventors order to.promote the progress of the useful arts. The public benefits from this system for three reasons: First, by offering patent protection, it encourages the inventor to / make the' inf;ention.1Second, if the inventor succeeds with the help of the patent in developin4aud marketing the invention, the ,public is ,given the op-portunity to use it. Third, since the inventor must describe the invention.in the patent, and copies of the patent may be pNrchased by the public for 50 cents each. the knowledge of the inventios made available to everyone. If it were not`for the patent law many inventors would-be unable to develop their inventions and would abandon their ideas instead -of going forward srq them, and many others would keep them se-cret as long as they could, in-stead of publishing therm in patents which,stimulate others to make still further inventions. C. 0e

The lndepencleiJinventor

A great deal of the progress °Utile Unit

States has resulted, frominventions made by inventors working independently ofany largeorganization. It is l>elieved that such people will makemany im-

portant inventions in'the future, as they have in the past. These in-ventors are often puzzled by such Problems as whether to seek

patentprotection and what steps to take to obtain,thp benefit of the patent law. In the following discussion we will therefore assume that you halve thade an invention and that you. need a practical guide to help you solve these problems. --tou should seek professional adviceat a vetly early stage in conk

nection with any invention. and this pamphlet is provided asan out-line of the basic facts you should know in cooperating withyourpatent practitioner:1 It cannot p ssibly serve as a tiubstittite for the

detailed professional advice youill need in relation to your particu-lar problems.

Summary of Basic Steps'

The questions ufipe'rmost in the minds of most inventors are these:1. Should I try to obtain a patent? .2. If I decide t,o try to 'obtain a patent, what steps cantake, to,secure the best possible patent trotection?

3.' What steps can I take to

'reprovemy chhnces Of developing and

marketing my invention successfully?Itimportant that you realize there .is no way to getassurancein'advance that yoube glinted a patent, or that you will be able

to profit if you ybtain one. However, you may'improve your chances greatly by following the suggestions made ih this pamphlet- if yourinvention is useful and new. if on the' other hand the features youconsider important are not new or are not usefal, these suggestions will help you,to discover this early enough' to 0(141 needless expense. "rile steps you should take are these: .1. Study yoinvention, in relation to other available ways of doing the job,cl decide whether the invention provides advantages that make it sa ble. The word "practitioner" is used in this partiphlet to refer to persons who area regla

tem] to practice in the Patent and ;Trademark Office by preparing and pro.ecuting patentapplications, regardless of whether these persons are patent attorneysall except a fewof whom 'are lawyers) or patent agents (nonlawyers).

2 4

2. Get a trustworthy friend to sign

his name as witness ona dateddrawing or description of the invention,'find-keep careful recordsof the steps you tak4' and their,dates.Note also, Disclosure DocumentProgram Offered by the Patentand Trademark Office: Page.4.Make a search to find themost closely related prior patents.Thig'scan'be done foryou by any patent practitioner.

4: Compare' the patents found. in thesearch with your invention.Your dec,ision whether toseepatent protection should be basedon.ybur own comparison of these

1tents with the features of ygur in-vention which you believe tonew and valuable, and on the adviceof yourpractitioner.

5. If you find that your trivition includes valuable features notshown in the patents found in tlsearch. instruct your practitionerto prepare an application for patentand to.file it in the Patent andTrademark Office. Help himprepare 'a good application by giving,him all the useful informationyou can provide.

6. Keep in close tooth with the 114.og,r9ssof your application in thePatent and TraIlemark Office. Tellyour practitioner promptly of any-changes you may make inyour invention 1,1\4 of the steps. you taketo-develop and market it. Study thepatents which the Patent andTradentti'rk OffiCemay cite against your applicatiAin. Help yourprat-titioner to overcome rejections by pointingout in what way, your in-vention differs from those describechinearlier patents.Each of these points Is explained insome detail in the followingsections.,

STEP.

FIRST STEP.

44,

Make Certain It is Practical

Many persons believe they

can profit froT their inventions merelyby patenting them: This isa mistake. Yo one lean profit froni apatent unless it covers some feature °which ptovidesan improvementfor which people are willing .topay. You 'shou171,therefore tip tomake sure that your invention will Pro6de thiskind of \advantagebefore you spend money in trying topatent it.

SECOND- STEP

Witnesses, Records and Diligencet

Importance of

nesses.It May become important fou:you later to ke, able to prove_ih "date when you first conceived the idea ofyour 3I 0 ,"invention. If )'du made, a written tlescript)on or 'drawings. or built and tested it, Yuri may also need to. prove these facts and dates, and

your diligence in completing and testingiit. You will not be able toprove any of these things to the satifactioil of the Patent and

Trademark Office or*a IThited States court unless Iotr own testimony .is supported by 'one Or more utilei persons who have knowledge of `these facts from first-hand observation. so that at least, one other per Am can testify. in your liehitlf as your corroborating witness.

Make and ,Keep Good Records.

You should prepare a record

in the foini Of a s4etch or diawing or \\ I then description promptly of ,r you frt4 get t 'idea ofour invention, and ask one or more of your trustwoithy friends to read and understand and sign ar0 date thisNiti:sses. You ,,should also keep a (:areftill< daftd rec- ord of utile' stepsnu take in woi k,ing on the mventio4. and get one

or more frienols to witness ,these steps and sign their names as wit-.nesses to \u r records. You should keep correspondence about the

invention. sales slips of mattrials you buy for use in working on it, and any models or drawings. so that these will be on.hand if needed to help you proye the facts and dates of the steps you have taken.

Letter to Yourself Will Not Peotect,You.

Many persons believe

that they ein Vrotect, their inventions against later inventors merely by mailing to theinsek es a registered letter describing the invention. This is not true. your priority right against anyom; else who makes the sainc inventiOn- independently cannot be sustained except by testimony of sOmeone else who corrobotates your own testimony as to all important facts. such as conception of the invention, diligence, and the success,of any tests you may have made. It is therefore im- poitant that some trustworthy friend witness these things. The in- vention will not be full protected' until patented. ,DisclosUre Document Program.The Patent and Tradenuirk Of- fice pro\ Ides a sell tee of storing, for two years, papers disclosing an invention. This service does n4 diminish the value of the. conven- .tionalp-itnessed and noNrized records, but does provide a creditable form of evidence. A ,free Jorochure detailing the procedures of this program is available on request. Address: Commissioner of Patents ant Trademarks. Washington, 1.-C. 20231. ' The SearchTHIRD STEP Why the .Search Is Important.You cannot obtain, a valid patent if your invention is anticipated 1,3 any earlier printed publication or 4, patent in any count,ry, or by commercial use in the United States.

rf you decide that your invention is valuable enough to patent,yournext step should be to make a careful search through patents already

issued to find out if it is new as compared to these patents. This is important for a number of reasops: A.

.,First, making a search involves less expense than trying to obtaina patent. If you learn through the search that the invention cannot-

be patented you will save the cost of preparing and filinga patentapplication.

Second, even if none of the e rlier

atents shows all the details ofyour invention, they may sho v thenly ilnpotant features or the

may show other ways of doing the jothat are as good or better thyours. If this is the case, you will not want to try to get patent pro-

tection on an invention that cannot le commercialized. .Third, even if nothing is found in the search which comes very close to your invention, you will still find it helpful to consider the closest patents of others in taking steps to/obtain a strong patent on your own invention.,

Search in

Paler:LandTrademark Office Search Room. The

search should be made in the Search Room of the Patent and Trade- mark Office in Crystal Plaza, 2021 Jefferson Davis Highway, Arling- ton, Virginia. You may make this search yourself if you wish; the staff of the Patent and Trademark Office Search Room will assist you in deciding which classes and subclasses should be searched but they cannot make the search for you. Many inventors have done this and have found it helpful and stimulating. With 'somewhat more dif- ficulty, a search can be made in any one eft 22 libritries located throughout the country which keep a numerical file of :United States Patents. The book, "General Infarmation Concerning Patents" con- tains a list of these libraries. However, making a proper search re- quires both skill and experience. Most inventors hire practitioners to mttke their searches, both for this reason and in order to save the ,time and expense of a trip to the Patent and Trademark Office. Patent practitioners having officNiin any part of the country can make the seaches, either personally on oix,of their trips to the Pat- tent and'Tradeniark Office, or through an associate located near the .'Patent and Trademark Office.. 'Get Help From Patent and Trademant Office Roster.

The Pat-

ent and Tralemark -Office has a roster of all registered practitioners who are available to prepare and prosecute patent applications for' inventors and yoti may employ someone from this roster to makequotesdbs_dbs4.pdfusesText_7