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“So, I’ve got this idea…”
A Brief Introduction to U.S. Patents
Charlotte Rodeen-Dickert,Registered Patent Agent
© 2004, C. Rodeen-Dickert
What can be patented?
What does a patent do?
What are the requirements?What are the steps to apply
for a patent?
© 2004, C. Rodeen-Dickert
PATENTABLESUBJECTMATTER
35 U.S.C. §101
UTILITY35 U.S.C. §101
NOVELTY35 U.S.C. §102
NON-OBVIOUSNESS35 U.S.C. §103
ENABLEMENT/WRITTEN DESCRIPTION
35 U.S.C. §112
Requirements of Patentability
© 2004, C. Rodeen-Dickert
General Application Process
Documentation Prior ArtSearch
DraftApplication
Patentable subject matter? §101Utility? §101Novel? §102
Non-obvious? §103Enabling written description? §112
PTOExamination
Send Applicationand Fees to PTO
Allowance and Issue
Final Rejection
Amendments
Office Actions
Appeal…Request for
Continued Exam…
© 2004, C. Rodeen-Dickert
Farming
Today
What’s New for ‘04 Harvest
Prior Art
Trad
e Jo
urna
ls Super-Widget…as seen on TV
Only $19.95!
Advertisements
Prior ArtQuickTime™ and a
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Patents
© 2004, C. Rodeen-Dickert
Application
Forms
SpecificationClaims…
Drawings
FEES
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© 2004, C. Rodeen-Dickert
Claims
Field of InventionDetailed Description
Summary
Figures
Background
Results
© 2004, C. Rodeen-Dickert
“The Name of the Game is the Claim”
Set “metes and bounds” of the patent
What is claimed is:
1. A cat toy for encouraging a cat to play even if fearful or timid comprising, a handle, a flexible line connected at one end to the handle, a plaything connected to the other end of the line, a sound producing device connected to the cat toy for providing a characteristic sound when the handle is moved for developing an acquired reaction on the part of the cat through repeated use whereby the cat eventually recognizes the characteristic sound and responds thereto by showing it is eager to play with the plaything when it hears the sound.
© 2004, C. Rodeen-Dickert
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Drawings
Numbers referenced in specification
Detail Drawings
Full View
Helpful for understandingthe patent and importantin later claim construction
© 2004, C. Rodeen-Dickert
“Anything under the sun that is made by man”
Any useful:Device, Method, Process
DesignPlant
Mathematical FormulaePhenomena or Laws of Nature
Algorithms not producing a “tangible result”
35 U.S.C. §101
Patentable Subject Matterand Utility
© 2004, C. Rodeen-Dickert
“Device”(Utility Patent)
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I claim: 1. A motorcycle engine having at least a pair of cylinders, a piston disposed in each said cylinder, cranking means for translating reciprocal movement of said pistons into rotary motion, and a connecting rod assembly for coupling said cranking means to said pistons, said connecting rod assembly including a master connecting rod connected to one of said pistons, a slave connecting rod connected to the other of said pistons, and pivot means for pivotally connecting said slave connecting rod to said master connecting rod, said cranking means and said master connecting rod each including an oil passage adapted to provide oil to said pivot means.
© 2004, C. Rodeen-Dickert
“Process”(Utility Patent)
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What is claimed is: 1. A method for making chocolate, said method comprising: (a) providing a chocolate mixture comprising a chocolate source selected from the group consisting of cocoa powder and chocolate liquor, a fat Sources selected from the group consisting of cocoa butter and a vegetable fat, and a sweetener…..
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An improved chocolate manufacturing and/or refining process is provided. This process allows chocolate refining at a significantly increasedthroughput rate while maintaining the particle size distribution at thedesired level. Thus, the production rates of existing or newly designedchocolate-making processes can be increased significantly. ..
© 2004, C. Rodeen-Dickert
“Method”(Utility Patent)
What is claimed is: 1. A method of inducing aerobic exercise in an unrestrained cat comprising the steps of:
(a) directing an intense coherent beam of invisible light produced by a hand-held laser apparatus to produce a bright highly-focused pattern of light at the intersection of the beam and an opaque surface, said pattern being of visual interest to a cat; and
(b) selectively redirecting said beam out of the cat's immediate reach to induce said cat to run and chase said beam and pattern of light around an exercise area.
2. The method of claim 1 wherein said bright pattern of light is small in area relative to a paw of the cat. 3. The method of claim 1 wherein said beam remains invisible between said laser and said opaque surface
until impinging on said opaque surface. 4. The method of claim 1 wherein step (b) includes sweeping said beam at an angular speed to cause said
pattern to move along said opaque surface at a speed in the range of five to twenty-five feet per second
© 2004, C. Rodeen-Dickert
Design Patent
Note: only one claim required
Also denoted as D365,245
© 2004, C. Rodeen-Dickert
Plant Patent
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DESCRIPTION
This invention relates to a new and distinctive short-day typecultivar designated as `Camarosa`, which resulted from a crossperformed in 1988 between the cultivar `Douglas` (U.S. Plant Pat.No. 4,487) and advanced selection Cal 85.218-605.
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© 2004, C. Rodeen-Dickert
35 U.S.C. §102
Novelty
Claim 1:“A Cat Toy…Comprising…A handle…A flexible line…A plaything…Sound producing device…”
Kitty Fishin’ 2000Cats love it!
Magazine Advertisement
Only $4.95!!!
Point of Novelty
© 2004, C. Rodeen-Dickert
35 U.S.C. §103
Non-obviousness
Claim 1:“A Cat Toy…Comprising…A handle…A flexible line…A plaything…Sound producing device…”
Kitty Fishin’ 2000Cats love it!
+U.S. Patent No. 5,555,555
Stimpson
Auditory Cat Entertainment Device
A device to amuse feline pets through a pleasing sound…
…produced by a bell attached by a flexible line to a handle…
Only $4.95!!!
“teaching or suggestion to combine…”(claim probably would be “obvious”)
© 2004, C. Rodeen-Dickert
35 U.S.C. §112
Enablement
Specification must be thorough enough to allow “person having ordinary skill in the art” to“practice” the invention without “undue experimentation”
Inventor must show “ownership” of the invention
Full Disclosure
LimitedMonopoly
© 2004, C. Rodeen-Dickert
Final Rejection
Final Rejection
AppealRCEC-I-P
© 2004, C. Rodeen-Dickert
Allowance and Issue
UNITEDSTATESPATENT
PTO
Issue Fees
Maintenance Fees(utility only)
Utility - 20 years from filing dateDesign - 14 years from grant datePlant - 20 years from filing date
Right to exclude others from practicing the invention
…enforcement is patent holder’s responsibility
© 2004, C. Rodeen-Dickert
For more information…
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www.uspto.gov
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http://www.delphion.com/galleryhttp://www.patent.freeserve.co.uk/index.html
Patent It Yourself How to Make Patent Drawings Yourself(Nolo Press)