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FAQ's - Patent Applications |
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Please note that this firm does not file patent applications. We can refer you to Patent counsel for the filing of patents in the United States and in foreign countries. |
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| What are the requirements of a valid patent application? | ||||||||||||||||||||||||||||||||||||||||||||||||
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| What is the patent application process? | ||||||||||||||||||||||||||||||||||||||||||||||||
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| Before filing, what should be done? | ||||||||||||||||||||||||||||||||||||||||||||||||
| Documentation is vital to the invention process. Legally it is required for two reasons, and they are: 1) proving that you are the inventor; and, 2) that you created the invention first. Moreover, it is generally beneficial to record your findings throughout the invention process since it will enable you to better engineer the invention over time. It is through the proper use of "Lab Notebook" that an inventor documents his or her discoveries. The following procedures are recommended: | ||||||||||||||||||||||||||||||||||||||||||||||||
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1) Lab Notebooks - Anyone who may be creating inventions should have a Lab Notebook to record their inventions. These are bound books, with pre-numbered consecutive pages, where the pages can not be removed. 2) Entering technical information - Written text, sketches and diagrams should be done in ink to prevent erasure or alteration. Complete the entire page and if you must leave blank space for starting a new page, cross the remaining section of the page out to identify that it ends as it does. If you make a mistake in entering information, cross it out and correct it. Do not erase it. All entries are to be made directly into the book. All entries are to be dated the date they were entered. 3) Table of Contents - The first page of the Lab Notebook should have a Table of Contents listing the titles of each of the inventions and their page numbers in the notebook. 4) Initial Entry - When initially recording an invention, the following items are to be included and explained as indicated:"
5) Subsequent Entry - The invention process is a cumulative one. The invention and all of its components are not ordinarily figured out at the outset. Therefore, it is likely that during the development of the invention into a product, that further discoveries will be made, and these must be recorded. The following items are to be included and explained as indicated:
6) Be complete! - More is better than less. The greater the detail of the explanation the better the documentation. The idea here is to put enough down on paper so that any one familiar in the "art" of making the type of product could re-create the invention without having to ask you any questions as to what you meant. Sometimes this will require very basic or detailed explanations, and other times it will simply require identifying the use of a particular piece of equipment and the setting of specific options or parameters in order to accomplish the designated task. 7) Other documentation - As you develop the invention, often additional documentation is created such as correspondence, purchase orders, product specification brochures, and the like. This documentation should be saved and identified in conjunction with the development of the invention and retained for possible later reference or use. 8) Signing and Witnessing - It is very important that the Lab Notebook be signed and witnessed. The proper form for doing so is as follows:
The people that witness the Lab Notebook must read the entry, and understand what they have read prior to signing it that they have witnessed it. It is very important that this procedure be strictly adhered to. 9) Storing the Lab Notebook - The Lab Notebook should be stored in a safe location. |
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| We note that often people create their product and then think about whether or not it is patentable. As soon as possible, it is necessary to write up the information requested above and have each page witnessed in order to substantiate the invention process. Also, please note that if the invention is either i) disclosed to third parties without the benefit of a confidentiality and nondisclosure agreement; or ii) the product embodying the invention is displayed, shown or sold, that the one (1) year period commences where you must file the patent application. Applications filed after the one year "grace period" are voidable in any patent challenge. Finally, for most foreign countries, it is necessary to file the patent application prior to any disclosure to third parties, there being no one year "grace" period to file the patent application. | ||||||||||||||||||||||||||||||||||||||||||||||||
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