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10

The law requires that the application provide a complete "written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains" to make and use the invention. If you want the provisional application to be valuable then it ...


9

I have a few suggestions: the USPTO is helping local non-profits set up pro bono patent help. (pro-se and pro bono at USPTO) The first one up and running is in Minneapolis but others are getting on line. Second there may be an inventors club in your area and there may be members who are patent agents or patent attorneys who can provide some advice on DIY ...


7

I am not a patent agent or attorney, yet I believe patent agents and attorneys' help is extremely valuable for filing patent applications because of their experience. You can do large parts of the filing yourself, yet you should better seek help for writing the application and the arguments during prosecution. It is quite easy to obtain a patent entirely on ...


7

As far as I know, patent law does not have any concept of first or second inventors. All inventors/owners need to come to an agreement by themselves about handling the patent (application), revenues, costs and communication with the patent office, but that's their own problem so to speak. Basically, who's listed first doesn't matter. A patent doesn't have ...


6

Your attorney will have to be admitted to practice before the USPTO (pass the patent bar) before he will be able to submit the patent on your behalf. Otherwise the US patent laws do not discriminate against foreign nationals filing on their own behalf. See generally: http://www.uspto.gov/web/offices/pac/doc/general/foreign.htm You can always hire a US ...


5

To supplement the answer above: There is a book that is pretty good. "Patent Searching Made Easy: How to do Patent Searches on the Internet and in the Library" By David Hitchcock. Other places to search might be google scholar and for some things halfbakery. I also look up old versions of web sites in the wayback machine archive.org At one presentation on ...


5

I'll just say a little about searching that may help get you started. Your last two questions deserve separate answers, I might come back to that in a while if no-one else addresses them. Most patent databases - both the free ones like depatis, espacenet, google patents and the uspto one, and the subscription ones - allow word searches. But this has it's ...


5

You can disclose your ideas, designs and product plan details in various ways to try to make them readily findable by patent examiners doing searches. One defensive publication site is IP.com. It is fee based. But the best way to have a high probability of a patent examiner finding your defensive publications when examining someone else's application is to ...


4

To add to the previous answer of Dr. Falken with respect to the question whether others could file a patent application for the same invention in countries where you have not filed yourself the following should be noted. First of all your application will normally only publish 18 months after your filing (or, if applicable, your priority date). As Dr. Falken ...


4

You might consider writing a patent using this analogy: writing a critical app using a new coding language that is vaguely related to the language you presently prefer, but that has a few interesting type conventions which, if you don't know about them, will lead to significant bugs. You get one chance to compile and debug, after the code is written. The ...


4

There are inventors who do a reasonable job of drafting a provisional application that has some value. If they understand the limits of the value they are getting and do not get a false sense of security from it, they will probably be better off than if they had done nothing. Although I do not recommend writing your own patent application, I do highly ...


4

This answer assumes you are talking about a filing with the USPTO. Unlike authorship, inventorship is controlled by law. Writing it up and making drawing might make you an author but, alone, does not make one an inventor. Being the boss does not make one an inventor. Making a conceptual contribution to something in a claim is what makes one an inventor. All ...


4

It is likely you are seeing the effects of a continuation (or divisional, outside of the US). The continuation retains the priority date of its parent, but has a much later filing date. By way of example: A Canadian application (CA1) is filed on 1 Jun 2012. CA1 therefore has a filing date of 1 Jun 2012, but no priority date. A US application (US1) claiming ...


3

At least in the US, part of filing a patent application involves an oath/declaration, which includes a provision such as: I hereby declare that: [...] I believe the inventor(s) named below to be the original and first inventor(s) of the subject matter which is claimed and for which a patent is sought on the invention titled: Filing such a claim if he ...


3

As an alternative answer, courts generally presume that different words in a patent application have different meanings. CAE Screenplates, Inc. v. Heinrich Fiedler GmbH & Co. KG, 224 F.3d 1308, 1317 (Fed. Cir. 2000). This canon has been applied not only to the use of different words in claims, Id., but also to the use of different words in the written ...


3

Ultimately it is up to you, but consider the consequences of your decision: You write some additional language describing how to perform the method. All you've lost is the time spent writing that additional language, much of which can be adapted from your system language, not to mention the flowchart you already created. You submit the application as-is ...


3

The earlier answer makes the important point that it's difficult to know if you have good support for claims yet to be conceived. You can never avoid the danger entirely, but the more preparation you put into you patent even at a provisional stage, the better. I'd say do as much searching as you can, so you know the closest prior art (though I'm not a US ...


3

Patent searching has become a specialty businesses with hundreds of individuals whose primary job is to perform patent searches. I think that there probably are best practices and minimum standards of care. One aspect is the databases searched. General subdivisions might include patents by place of origin, published patent documents by place of origin, and ...


3

Tarik - A few months ago I made the following histogram of patent application pendency for US patent applications. The chart is discussed on my blog. Pendency Discussion on Patently-O. The basic answer is that the average pendency for an application is just over five years from the earliest priority filing and about 3 1/2 years if ignoring priority ...


3

Obtaining a patent in any given jurisdiction (US / EU / Japan etc.) will only secure you rights within the geographical limits of that jurisdiction. It has no immediate effect whatsoever anywhere else. However, a patent application filed in one place can be claimed as priority for an application elsewhere. For instance, you could file in the US and then ...


3

An alternative not yet mentioned is to consult with your university's tech transfer office. You should do so under confidentiality agreement or otherwise ensure that they will keep any disclosure confidential so it does not count as prior art against you. Many professors are in the same situation as you-they have a potentially patentable invention but no ...


3

A good option for you is to file a provisional patent. It costs a few hundred bucks ($250, or $125 for a "small entity") and can be as informal as you like. It could even be the exact same description you put on your Kickstarter page. However, note that whatever is in the provisional application limits what you can "claim priority to" later, so you want it ...


3

The technique of consistent hashing was invented by Karger et al in their famous 1997 paper, "Consistent hashing and random trees: distributed caching protocols for relieving hot spots on the World Wide Web": http://dl.acm.org/citation.cfm?id=258660 http://thor.cs.ucsb.edu/~ravenben/papers/coreos/kll+97.pdf It is to them that the claim of novelty and non-...


3

This is a picture of a "kerf bend" in wood. Material is removed to make a flexible portion from something inflexible. In Apple's case the geometry is different and more complex.


3

I'm not an attorney and it sounds like you need one. If the "full" applications did not add new matter to the provisional's content then signing away one can be signing away both. What state/country you are in will make a difference. A factor that may be involved is that the new AIA patent law has made it easier for employers to file on your invention ...


3

The term "Tricryption" does seem to be obscure. It has no weird legal meaning related to security and encryption. The basic legal principle is that the patent claims must be "given their broadest reasonable interpretation consistent with the specification.” The applicant is also free to act as his own lexicographer, meaning the applicant is allowed to ...


3

The patent system is essentially designed to encourage advancement in science and technology. The patent office expects the applicant of a patent to disclose information about the invention for which patent protection is sought, to an extent that a person with ordinary skill in the technology, to which the proposed invention relates, can use the provided ...


3

You say you aren't sure if you checked the box. The box is on the ADS form, if you filed electronically you would have uploaded that form as a PDF. You should be able to look at the PDF and see if you checked that box or not. If you did not check it there is no way to change it for this application. According to the USPTO's MPEP 1122 Requests for ...


3

The current USPTO fee schedule can be found here ==> http://www.uspto.gov/web/offices/ac/qs/ope/fee010114.htm You will have to pay a basic filing fee, a search fee and an examination fee, presumably at the small entity or micro entity rate. Note that additional fees are required if you have greater than three independent claims or greater than twenty total ...


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