how to explain invention to patent attorney

by Joel Crist 9 min read

The simplest format is a Brief Description of the Invention, which is an informal description of how to make and use the invention. Inventors often want to verbally describe the invention to the patent attorney, with the patent attorney playing the role of interviewer and transcriber.

The simplest format is a Brief Description of the Invention, which is an informal description of how to make and use the invention. Inventors often want to verbally describe the invention to the patent attorney, with the patent attorney playing the role of interviewer and transcriber.May 29, 2017

Full Answer

How do you describe an invention in a patent application?

Nov 30, 2020 · Explaining the invention details. Now that the basic foundation for understanding the invention is set, the inventor can explain the invention in detail. While doing so, it helps if the inventor has an idea whether the invention can be categorized into a product or a process. If the invention talks about a product, the inventor can describe prominent components of the …

Do I need a patent attorney to file a patent application?

all possible variation and embodiments of the invention are covered. claiming the invention in such a way that it will survive not only prosecution (that is till the grant) but also it will survive …

Can You patent an idea that you have?

May 29, 2017 · For this reason, many patent attorneys, and all the online filing companies, have the inventor write a few paragraphs about the purpose and use of the invention, and add a …

Can an inventor change an invention before obtaining a patent?

Aug 09, 2014 · The invention is your work and you know it best, so it is not surprising that most inventors can (with enough effort) explain the preferred version of the invention; what the law …

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How do you explain an invention?

An invention is a unique or novel device, method, composition or process. The invention process is a process within an overall engineering and product development process. It may be an improvement upon a machine or product or a new process for creating an object or a result.

What are the 4 requirements required for patenting an invention?

Under U.S. patent law, an invention is patentable only if it meets the following four requirements, which are discussed in more detail below:
  • The invention must be statutory (subject matter eligible)
  • The invention must be new.
  • The invention must be useful.
  • The invention must be non-obvious.

How do you describe a patent product?

The patent description should include everything that makes your invention new. It must also include the information necessary for an average person to make your invention. Together with the claims component, a patent description is known as the specification.

Can a patent lawyer steal my idea?

However, patent lawyers are bound by ethics and professional responsibility requirements. Stealing an idea would be a serious breach of duty for a lawyer that can expose him or her to punishments from the bar, and the original inventor would likely be able to sue for theft.

What are three criteria that must be met for an invention to be patentable?

To be patentable, the invention must be statutory, novel, useful, and nonobvious.Oct 18, 2021

Can I patent an idea without a prototype?

Many inventors wonder if they need a prototype prior to patenting an invention. The simple answer is “no'. A prototype is not required prior to filing a patent application with the U.S. Patent Office. While prototypes can be valuable in developing your invention, they can also be costly.

What is summary of invention in patent?

Summary of the invention:

The nature of the invention and technology domain is written in the summary of the invention. It also includes main points of the detailed description of the process, machine, manufacture or composition of matter. The advantages of the invention are discussed in the summary too.
Dec 7, 2016

How do you title an invention?

606 Title of Invention [R-10.2019]

The title of the invention should be placed at the top of the first page of the specification unless it is provided in the application data sheet (see 37 CFR 1.76). The title should be brief but technically accurate and descriptive and should contain fewer than 500 characters.

Shall fully and particularly describe the invention for patent?

Indian Patent Act 1970-Sections. (1) Every specification, whether provisional or complete, shall describe the invention and shall begin with a title sufficiently indicating the subject-matter to which the invention relates.

What is a poor man's patent?

A poor man's patent is essentially writing out a description of your invention and then mailing that written description to yourself. This postmarked envelope supposedly acts to create the date of your invention as the date this written description was postmarked.

What are the 3 types of patents?

What kind of patent do you need?
  • There are three types of patents - Utility, Design, and Plant.
  • Utility Patent.
  • Design Patent.
  • Plant Patent.
Jan 31, 2019

How inventors can stop others copying their inventions?

PATENT RIGHTS

A patent only gives the patent owner the right to stop anyone else from making, using, selling, or importing the patented invention—or in other words, to “exclude” others.
Jan 18, 2017

Do you need a drawing for a patent?

The patent laws require the patent applicant to furnish at least one drawing of the invention whenever the nature of the case requires a drawing to understand the invention, which in my experience is almost always. The only real exception being when you are claiming a chemical compound.

What is the purpose of the patent requirement?

The purpose of the requirement is so that when the patent expires the public has enough information to make and use the invention without having to go back to get more information from the inventor. In order to satisfy this requirement you need to specifically and objectively define and describe how to make and use your invention.

What is the quid pro quo?

This is what is commonly referred to as the quid pro quo of patent law. The government will grant a patent, together with exclusive rights for a limited time, provided, however, that the inventor explain in specific detail how to make and use the invention covered by the patent. The purpose of the requirement is so that when the patent expires ...

Who is Gene Quinn?

Gene Quinn is a Patent Attorney and Editor and President & CEO of IPWatchdog, Inc.. Gene founded IPWatchdog.com in 1999. Gene is also a principal lecturer in the PLI Patent Bar Review Course and Of Counsel to the law firm of Berenato & White, LLC. Gene’s specialty is in the area of strategic patent consulting, patent application drafting ...

What is the back bone made of?

This is a good first step. The back bone, however, is made up of many smaller bones. For example, there are seven cervical vertebrae in the necks of all mammals, and these bones together make up a portion of the back bone.

Can the government grant a patent?

The government will grant a patent, together with exclusive rights for a limited time, provided, however, that the inventor explain in specific detail how to make and use the invention covered by the patent.

What is the Quid Pro Quo?

This is what is commonly referred to as the quid pro quo of patent law.

Who is Gene Quinn?

Gene Quinn is a Patent Attorney and Editor and President & CEO of IPWatchdog, Inc.. Gene founded IPWatchdog.com in 1999. Gene is also a principal lecturer in the PLI Patent Bar Review Course and Of Counsel to the law firm of Berenato & White, LLC. Gene’s specialty is in the area of strategic patent consulting, patent application drafting and patent prosecution. He consults with attorneys facing peculiar procedural issues at the Patent Office, advises investors and executives on patent law changes and pending litigation matters, and works with start-up businesses throughout the United States and around the world, primarily dealing with software and computer related innovations. Gene is admitted to practice law in New Hampshire, is a Registered Patent Attorney and is also admitted to practice before the United States Court of Appeals for the Federal Circuit. CLICK HERE to send Gene a message.

What does a patent attorney do?

A patent attorney will make sure your patent is strong enough to adequately protect your invention. If you want to save money, write your application and get a patent attorney to review it before you submit it. Your patent attorney will send you a draft copy of your patent application before submitting it.

How long do you have to sell an invention before you can get a patent?

Selling the invention a year or more before applying for a patent. According to the America Invents Act of 2013, inventors must file a provisional or nonprovisional patent agreement within 12 months of their first sale. Once this grace period elapses, it's impossible to ever secure a U.S. patent.

Can an invention be a trade secret?

According to the American Invents Act of 2013, an invention must be a trade secret to receive a patent. If your invention's details are revealed, your patent application is likely to be rejected. A confidentiality agreement helps your invention's details stay private. If it's broken, you can sue and claim damages.

Why do people get patents?

Reasons to Get a Patent. It ensures that others can't make money from your invention. You can seek damages from any person or business that infringes on your patent. Similarly, the exclusive rights your patent gives also means you can't infringe on the copyright of others. It helps you profit from your invention.

Why is it important to protect your patent?

It ensures that others can't make money from your invention. You can seek damages from any person or business that infringes on your patent. Similarly, the exclusive rights your patent gives also means you can't infringe on the copyright of others. It helps you profit from your invention.

Why do inventors delay patenting?

Many inventors delay the patent process because they feel they don't have an invention yet. However, many inventors with only an idea actually have an invention worth protecting or are very close to one. Until an idea becomes an invention, it can't be patented.

How much does a patent search cost?

Most patent search services charge around $500, but prices depend on: Your invention's technological complexity. How thorough the search is. The search company's pricing structure. Refine your idea, if needed. You don't need to give up if your search finds similar inventions.

Patent Attorney Versus Patent Agent

Some inventors wonder if they should seek counsel from patent attorneys or patent agents. Simply put, patent agents aren't lawyers. They cannot litigate on your behalf or perform other services that may be considered as the practice of law.

What to Look for In an Invention Lawyer

Whether you're seeking the counsel of a patent attorney or a patent agent, there are two things to keep in mind:

How to Find an Invention Lawyer

Now that you know what to look for, here are the steps you can take to find an invention lawyer:

What's the First Step in Filing an Application?

One of the first things you and your agent or attorney will do is complete an invention disclosure form. This form will ask you to outline the basic details pertaining to your invention, including what your invention can solve and how it differs from prior inventions.

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