I-Spot: serious fun for the inventor in all of us!

I have long since scoured the internet for simply the most productive forum for inventing for profit. And without a doubt, the most active internet forum on the web today (and likely for some time to come) is I-Spot.

I have been a member there for nearly a year. I've seen people come and go. But there are a couple handfulls of active members, who make it fun just being there. The place is already well-known for being the most informative, user-friendly resource on the Internet for people with common questions about the entire process of taking an idea from start to finish.

I'm proud to be a part of all the activity. I visit the place on a regular basis. I would encourage anyone interested in the invention process to check it out, when you get a chance.

And, tell 'em Scrupulous sent ya!

Happy New Year

Been there ... Done that ... Got the T-shirt!

Back in October, I entered a few ideas for the Create the Future design contest. The winners are decided early next year. Here they are. Check them out when you get a chance...

Go Sign

Raised Letter Keys

ChairLift

FAQ: Do I Need Overseas Patent Protection?

ANSWER: NO and YES

Many inventors believe that they ought to be concerned with international protection, right off the bat. It’s always good to be aware of what can be done to preserve the option to apply for international rights to intellectual property, at a later time. But, it is seldom necessary to pursue them with domestic rights, all at once. You should understand how powerful US patent protection can be.

Let’s say you patent a great product in the states. Well, once that patent gets issued and published, it serves as prior art (a defense, if you will) against anyone who would want to acquire a patent for the same product in another country. So, not only are your rights secured for the US, you also keep others from getting a patent on it in other countries.

What if someone files for the same product in another country before my US patent gets issued? Then they may get their own patent for it in that country. If that would be a concern, then you would want to consider publishing your patent application as soon as possible, so that the publication itself can serve to protect you from overseas competition. In fact, you wouldn’t even need to file for a US patent to do that. Any public printed material describing your product (including internet content) will serve to prevent others from getting a patent anywhere in the world for the same product, in simple terms.

Then why do I even need a US Patent? Well, you eventually need a patent somewhere to do business. Most US residents are naturally interested in US patent protection. However, you could just as well get a patent in Germany, for example, and it would keep anyone in the US from getting a patent on it (provided that the German filing gets published there before anyone else files for the US patent on it.) In this example, you would still be able to sell your product in the states. But, you wouldn’t be able to prevent anyone else from selling it in the states either.

Then why would I want that situation? Because in the real world of commerce, manufacturers are reluctant to take big risks without the prospect of a stronghold in the marketplace. Let’s say you owned a US patent on your product, and it was the only patent in the world for that product. And, say you had it mass-produced in the US, or somewhere else. The chances are good that you would enjoy a worldwide monopoly on it, simply because you’re entitled to produce it somewhere without competition. From a business perspective, foreign companies would be reluctant to compete with you, because they would have too much to lose. Even if they did compete with you in other countries, you would still enjoy a monopoly in the states.

Does this apply in every case? No, a lot depends on the product itself. If you have a great idea for a simple product that’s very easy to make, which seems like it would be popular all over the world, then you may very well want to consider maintaining the option to file for international protection. The decision to pursue overseas protection wouldn’t need to be made right away, though. The important thing to remember about it is that you would not want to sell, or make anything public about your product before you have secured US patent rights, or before you initiated the process to acquire international rights (to be safe).

Happy Halloween!

Make a US Provisional Application Last Forever

There is a certain strategy that allows a US provisional patent application to be published forever. It takes advantage of the current USPTO policies with respect to the Patent Cooperation Treaty (PCT). According to these policies, you can have a provisional patent application referenced into a utility patent application, and then have it published forever, without paying for anything but the provisional filing fee (currently $100). Here’s what you’d need to know:

1. US utility patent applications get published 18 months after their priority date.
2. When a US provisional application gets referenced by a US utility patent [application], the priority date becomes the filing date for that provisional.
3. The content of a US provisional patent application gets published with the follow-up utility patent application.
4. A submitted utility patent application gets accepted by the USPTO and is given a filing date, even if it does not include the filing fee.
5. If a utility patent application gets received by the USPTO without a payment, the patent office will send out a notice within a few weeks, giving the applicant 2 months from the date of that notice, to submit a payment.
6. The payment can be delayed for an additional 5 months before the application is considered abandoned (which is a total of at least 7 months from the utility filing date, and at least 19 months from the priority date established by the provisional).
7. According the PCT, any application that maintains foreign priority rights must be published within 18 months of its priority date.

This means that you can file a provisional US patent application (for $100) and, close to a year later, send in a utility application that makes reference to the provisional date. Even if you don’t pay the filing fee on the follow-up application, it should get published about six months later. And, when it gets published by the USPTO, it’s published permanently. This strategy gets you a whole lot of bang for your buck.

You may still want to file a follow-up utility application in a condition that can eventually be examined by the USPTO, of course. (This means it would need to include at least one claim, a description, and drawings.) However, this would not be absolutely necessary for publication purposes.

In a way, this procedure is similar to the old Document Disclosure Program that was abandoned by the USPTO back in February 2007. Now, for the cost of filing a US provisional patent application, you can use the USPTO to not only verify proof of your disclosure, but to also publish it for good.

A pickture is worth a thousand words, indeed.

You’re looking at a close-up view of a new guitar pick holder (a pick clip). It holds a regular old guitar pick securely when you play, providing hours of ergonomically musical pleasure. And so on, and so on, and so on…

How Important Is It to Do a Patent Search?

Before the age of the automobile and long-distance communication, patent searching wasn’t even an option for most inventors. Instead, they would rely on the patent searches that were conducted by the patent office examiners, who were required to do so before any patent was issued. Today, it is no surprise that patent examiners are still required to conduct searches for “prior art” (earlier technology) before any patent can be issued.

So, one might ask, “why is it even necessary to have a search performed before filing a patent application?” The simple answer is that it’s not. These days, however, preliminary patent searches are performed (before filing for a patent) so that the inventor may avoid the cost of an expensive patent application process. If the inventor can uncover readily available prior art that would render the invention either obvious or not new, then he or she will know beforehand that it wouldn’t be worth it to pursue a patent that doesn’t have a very good chance of being granted.

Incidentally though, here’s a piece of information that is just as key as the results of any patent search: At any given time, there are many, many patent applications going through the process of examination. Most of these applications are not available for anyone to search… ANYONE. The applications are held with the patent office in complete secrecy. And, when you consider the reality that many ideas occur to several individuals at or about the same time, you then realize that even the most thorough patent search humanly possible may not do you any good at all. Only a patent examiner can tell you about much of the prior art.

Now then, if it seems to you altogether redundant to perform work that will only be repeated later as a necessary step— repeated by the only people who can actually make a ruling on your case, then you are not alone. As a matter of fact, exactly half of the fee that the USPTO charges anyone to file for a utility patent goes directly into paying for the examiner to conduct a prior art search.

Yet, the patent process was never intended to break inventors. Sure, the USPTO filing fee for a utility patent has always been about the same as the cost of feeding a family of eight very well, for a month. But, that’s geared traditionally to discourage people from filing too many patent applications for frivolous ideas.

Then, why do patent practitioners charge so much to file your patent application for you? The answer is, because they can. That doesn’t mean we all do, however. Some of us actually empathize with the inventors, and we don’t feel right about charging thousands of dollars more than necessary, for only a single step in the process of making the idea an actual success. There are different reasons for that, but what it amounts to is quality performance for a much lower price.

So, just how important is it to conduct an extensive patent search? Well, that all depends on how much you stand to lose, if you don’t.

Watch For BigGolf: The Next Big Thing in Golf

BigGolf ™…coming with a course near you!

APS Unveils the Provisional Disclosure Form

The APS introduces a new, customized legal instrument called the Provisional Disclosure. This form can be used to permanently announce possession of intellectual property, as of the date that it is signed by a qualified witness. The Provisional Disclosure system allows you to establish ownership and originality of an idea, at several key stages of development.

It is free to use, as many times as you wish. Simply click on the image of the APS Provisional Disclosure form, and print it out. Then, fill in the information at the top of the form, and follow the Directions carefully.

When it is received, it will be kept on file with APS for two full years, at no charge. You may use a number of these forms over time, to track your development through several stages, and establish diligence in your progress towards a reduction-to-practice. (Contact APS to learn more about these stages, and the importance of reaching the point of reduction-to-practice in a timely manner.) Once you’ve reached that point, the Provisional Disclosure can be used as an effective claim to intellectual property rights. It will be necessary to file for a patent, to have those rights legally granted by United States. However, having your achievement reviewed and witnessed by a registered practitioner will greatly corroborate your date of invention, especially when that date is much earlier than your patent filing date.

You have the option to have your Provisional Disclosure preserved indefinitely, for a one-time fee of $40. (Add $10 for check or money order, made payable to the Affordable Patent Service). This service includes a professional mark of authenticity, which affirms true understanding of the invention itself, by an authorized agent.

Here's a summary of the Directions on the form:

1. Use the box below to describe...
In the space provided, accurately describe what your invention is, and what it does. If there isn’t enough room to fully describe your invention, then attach as many sheets as you need, or other media, to the form. Checkmark the appropriate items to the right, and make a list of the attachments inside the box (example “See attachments: two sheets of drawings, and 1 sheet of specification”).

2. Petition Qualified Person...
For each form, it is best to allow the Affordable Patent Service to determine what stage you have reached with your invention. If you do, then leave the “STAGES OF DEVELOPMENT” section blank. Otherwise, find a qualified person of your choice to attest to your current stage of development. (Make sure the contact info is readable.) Please refer to the chart at the bottom of the form to see the qualifications necessary for each stage.

3. Check Publishing Options...
If you would like the form posted on the web, or printed in a publication, then checkmark one or both of these items. You would be contacted for confirmation, before anything was made public. (For more details on this, contact the Affordable Patent Service.)

4. Mail a true copy of this form...
Sending the original of your form is preferred, however, sending a true copy (digital scan, photocopy, etc.) is acceptable. The form that you send will be returned to you, after your materials have been received.

5. Enclose the appropriate fee.
This fee is only necessary for a permanent record, a mark of authentication, or a request to have the form published.

If the Provisional Disclosure is used to verify a reduction-to-practice (or a constructive RTP), it can be much more powerful than a patent alone. Since the form will stand up in a court of law, as a legal document, it effectively grants reliable proof in the disclosure, transfer, and perpetuation of sustainable information. It is therefore considered an instrument (and method) of purveyance.

Top Ten FAQ about the US Patent Process

WOULD I NEED A PATENT TO MAKE A PRODUCT GO BIG?
Yes, probably more than 95% of the time, you would.

OKAY, I HAVE AN IDEA. WHERE DO I START?
Start by taking a single piece of paper and documenting the idea in whatever way suits you best. Make sure that it stands alone and provides clarity. This will help you to fully embrace your idea.

CAN I DO MY OWN SEARCH?
Yes, and a pretty decent one, I might add.

HOW DO I KNOW IF A SEARCH IS GOOD ENOUGH?
When you conduct a preliminary search, you’re looking for anything that would blow you out of the water. But, there is really no way to guarantee that any search will be good enough. Making an informed decision, and being able to recommend whether or not to move forward, comes with knowledge and experience.

IS THERE ANY REASON TO FILE A PROVISIONAL?
Yes, definitely. It’s way quicker, which can be a factor when time is critical. There are many fewer technical requirements to be met, with a provisional patent application. So, you can simply secure an earlier filing date at a lower cost.

WHAT IF I FILE FOR A PATENT, AND FIND OUT LATER THAT SOMEONE ELSE BEAT ME TO THE PUNCH?
There may be no other way TO find that out. You’d never know until you try. You might even admit that it would be worth some expense anyway, just to know. And, it wouldn’t be good to let any more time pass, before you establish your own filing date.

HOW LONG WOULD IT TAKE TO GET MY FILING DATE?
With a fully developed idea, it can take anywhere from 24 hours to a month. It usually takes a week or two. It all depends on a number of key factors.

SHOULD I PUBLICIZE MY IDEA WHILE IT IS PATENT PENDING?
Most often, yes, but that’s subject to some debate. Spreading the idea around, will increase the number of opportunities that come your way. In today’s fast-paced business world, the benefit of a well-chimed product debut can outweigh any risk involved with an early publication. Either way, you’re not going to stop the imitators. All you can do is take them to court and accept the compliment, if need be.

IS THERE ANYTHING I CAN DO TO SPEED UP THE PROCESS?
Yes, you can invent something that improves the environment and betters humanity, or you can wait until you are a senior citizen. If you have a computer-related invention, there is also a new procedure in place at the USPTO that you can apply for, called the CPR project. This is a special program that is said to accelerate the examination process and increase the likelihood of a rock-solid patent deed.

However, depending on your target market, there may be certain reasons why you would want to actually extend the pending period as long you can. Filing one or more provisional applications, and managing a lengthy examination process can both serve to effectively prolong your ‘patent pending’ status with the USPTO.

WHAT DO I DO WHEN MY PATENT GETS ISSUED?
Have a party. Invite your patent agent (optional). And, pinpoint the commercial options that have now become widely available to you.

Your Life-at-a-Glance Longterm Goal Planner

At a company where I used to work, the owner furnished the staff with business cards. On the back of each of those cards, he had printed a grid that could be used for sketching ideas. I liked the practical spirit of those cards so much that, later, I decided to use some type of grid for my own APS business cards. I originally wanted a coordinate system, but settled on something that most people don’t have…a long range date-keeper. What I needed was a truly perpetual calendar, a Life-at-a-Glance™, if you will. With this design, the grid can also be used for sketching. Yet, the versatility of a long term planner, one that goes beyond the convenience of a weekly or monthly planner, comes in handy every now and then. (By the way, notice how I use the TM and © symbols liberally? That’s all you have to do with any visual expression, to indicate that you intend to keep it protected. It’s free. So, why not use it?)

Okay, here it is, your Life-at-a-Glance™ (the back of my business card). Use it as an important date planner, or tracker. The first letter of each month is printed down the sides of the grid, and the days of a month are printed across the top and bottom. When you use it left-to-right, you see the whole year. Each little dot inside the grid falls on the same day of the week for that year (Thursdays for 2007).

Also, if you use the calendar vertically down, it reads an entire year per column. In this case, the numbers printed across refer to the last digit of the year (2001, 2002…2011, 2012…2030, and 2031).

Incidentally, any given date (like Septemeber 1st) falls on the next day of the week, each following year. Just add two days [after the February] for any leap year.

Anyway, this is just something I can share. Use it however you like, but use it wisely. It prints nicely on bigger sheets of paper. I’d suggest pasting it to the top of a landscape letter-size sheet, and adding your own customized legend. It’s well suited for a legal-size sheet. And, I’m sure poster-size would look pretty cool, too. Don't forget to click on it, for a larger image.

Use Your Digital Camera as a Desktop Scanner

The MikeSpike™ lets you mount your camera to any microphone stand. It works better than a tripod. When you use the MikeSpike together with a mike stand, it allows you to do things that you just can’t do with a regular tripod. The MikeSpike allows your camera to extend directly over the subject. In fact, with the MikeSpike, you can use your digital camera as a portable scanner. This is perfect when you’re on the go, and you need to make good color copies of important documents. You can also take high-quality pictures of maps, store them in memory, and leave your road atlas at home. Or, use the MikeSpike in special situations on a full-sized boom stand, for unprecedented photography. With the MikeSpike, you’ll never need a tripod again.

The MikeSpike works great for photos and video. Its durable lightweight construction, unique design, and comfortable feel makes photography fun. With the MikeSpike alone, you can take your camera to the beach, and just stick it in the sand. Now, YOU can be part of the memorable shots. Bring it on a camping trip, to the park, or anywhere else you would normally take pictures of friends and family. The ergonomic grip even lets you take better shots by hand. You’ll like the MikeSpike so much, you may never take it off your favorite camera.

To get your own MikeSpike, call (916) 283-IDEA, or send $10 to:

The Affordable Patent Service
Box 551
Fair Oaks, CA 95628

$10 includes shipping and tax.
For check or money order, add $2.95 for processing.

[US Patent Pending]

The Truth about Patent Agents and Attorneys

Every once in a while, I get asked about what the real difference is between U.S. Patent Agents and U.S. Patent Attorneys. There are several key differences. But, only one difference relates to patents. And, that difference is exactly this: U.S. Patent Attorneys may represent clients in court litigation against infringement, while U.S. Patent Agents do not. Otherwise, with respect to patents, there are no other differences. Agents and attorneys are actually both considered patent practitioners. (This is a more appropriate term in most cases, because registered agents and registered attorneys are both members of the United States Patent Bar, nonetheless.)

In the past, however, I have observed several misconceptions that some people entertain about the difference between the two. I’d like to take a few moments to help clarify them.

The average fees that agents and attorneys charge has nothing to do with a difference in their abilities, necessarily. Private patent attorneys often charge higher fees because they usually have to repay large student loans for law school. And, although there can be a number of factors that influence the rates one charges for particular patent services (such as experience, overhead, philosophy, etc.), none of them relate to any distinction between the titles of Agent and Attorney. They both have to possess a technical background, and they both have to pass the same Patent Bar Exam.

Agents and Attorneys are ethically bound to serve their clients to the best of their abilities. Since patent agents can also perform patent searches, provide legal opinions and advice, prosecute patent applications to allowance, and license issued patents for manufacture and sale, they have every incentive to acquire solid patent protection for their clients. They also have every incentive to remain well-versed in patent law, because case histories and legal precedents are often primary concerns to any practitioner during the preparation and subsequent prosecution (examination) of a patent application.

Patent Agents are often experts in their technical field, as well. Their goal normally has never been to become attorneys, for specific reasons. And, it is in their best interest to avoid litigation for their clients, at all costs. This is because their livelihood is often supported by returning clients, not litigation. And, because intellectual property law is not an exact science, let’s just say that one of the things U.S. Patent Agents enjoy is that they do not suffer from any potential conflict of interest.

Lastly, when people in the United States talk about patent attorneys, they usually mean patent practitioners. The term “patent attorney” is most often mis-used to refer to all persons qualified to do patent work. In fact, with respect to obtaining and licensing a patent, there is no difference between a patent attorney and a patent agent.

The United States and the One Year Rule

As far as the United States Patent and Trademark Office (USPTO) is concerned, you may publicize an original invention for up to a full year, before filing for a patent. This is known as the “first-to-invent” method of determining ownership for patent rights. You don’t need to be the first one to file for a patent on an invention in the U.S. to be the one who eventually receives that patent. While it is almost never a good idea to wait on establishing some type of protection for your invention, the USPTO gives you the benefit of more options.

Most other countries use what is called the “first-to-file” method, which grants intellectual property (IP) rights to the first one who files a patent application for a particular invention. Although the American method can make things very confusing, it does a fairly good job of ensuring rightful ownership of original inventions. This means, in general terms, that there is no real requirement for secrecy, within the year prior to filing for a patent in the United States of America.

You may wonder why people would want to publicize their inventions before they acquire legal protection for them. It seems counter-intuitive. Well, when you publicize something new (assuming that you disclose enough information to make it obvious to other people), it becomes legitimate proof, for all to see, that you were in possession of that knowledge before anyone else. In fact, publicizing an idea can be far more powerful than keeping it secret.

Why? Because, you effectively eliminate the possibility that someone else will profit from it. Your publication serves as a barrier against U.S. patent protection for anyone but you, the inventor. In simple terms, once an idea becomes public knowledge, the only one who can be publicly protected with it, in the United States, is the true inventor (and his/her assignees or licensees).

So, technically, you can develop an idea, in full view of the public, for one year before filing for a U.S. patent. You may actually seek the assistance of scientists, engineers, and other inventors to add more merit to your own invention.* Afterward, you may be able to legally claim a better invention as a result of the work on your original idea. This is one of the advantages provided by the USPTO that is certainly worth considering.

Many people would be leery of throwing normal caution to the wind like this. But, let’s face it, every inventor must eventually reach the point where s/he is ready to publicize his/her invention, anyway. For an inventor, using this reality to an advantage, in a timely manner, could mean the difference between losing an invention forever and keeping it for good. The USPTO is only there to help.

* Contact the APS before attempting this on your own.

PTO Abandons Document Disclosure Program

As of February 1st 2007, the United States Patent and Trademark Office (USPTO) will no longer accept submissions under its Document Disclosure Program. This is a program that once allowed information on an invention to be stored on file with the U.S. Patent Office. Disclosures were kept up to two years for a fee of $10, at the request of the inventor. Submissions that were filed before February 1st 2007 will be kept on file at the USPTO for the full two-year period, however, regardless of when they were filed.

Many people were already aware that this was a powerful tool for independent inventors, as well as seasoned professionals. I understand that the U.S. Postal Service saw a much larger-than-normal volume of mail to the USPTO in the days leading up to the cutoff date. I personally submitted four disclosures during that time.

The Document Disclosure Program (DDP) had always been intended to serve as a preliminary step toward an eventual patent. It was never intended to provide any protection on its own. The DDP may have been given notoriety by companies who would use it unscrupulously. Many uninformed inventors have undoubtedly been duped into relying on the DDP, and consequently funneled into a vulnerable position with their intellectual property.

As it stands now, the U.S. Provisional Patent Application is the most accessible form of protection through the USPTO. The filing fee for a provisional is currently $100. This is a bit more than the old fee for the DDP. And, a provisional application requires much more detail than a document disclosure did. Yet, even a provisional application must be followed by a utility patent application within one year.

As a substitute for the DDP, I will accept disclosure documents, review them, recommend necessary changes (if required), and keep them on file for two years, at no charge. If you are interested, simply contact the Affordable Patent Service about your idea. If you like, a non-disclosure agreement will be forwarded to you promptly.

Affordable Patent Service Debuts Blog

Right here at Blogger.com is where the Affordable Patent Service (APS) introduces its official blog. You are encouraged to visit here interactively. This blog is the source of a number of useful features, with respect to intellectual property, for existing clients and independent inventors alike.

Each feature will be initially presented in article form, and posted here at this blog. Under each article, clients may make comments, ask about whatever they like, and receive answers directly from me. Here are some of the features you will see here.

First, this is a privileged site for legal Q&A regarding the United States patent process. I have learned a number of effective strategies, which I use in preparing and prosecuting patent applications. They can range from little tips and tricks that I have not seen in patent literature anywhere else, to substantial legal advice on intellectual property (IP) that is given out here for free. Also, articles on IP trends and recent USPTO changes, which pertain to most of my existing clients, will be supplied here from time to time as they arise. These benefits may also help independent inventors to decide on the best way to handle their own projects.

Second, this blog serves as a primary legal record of any discussions that take place here. Those discussions can occur either between myself and existing clients, or among clients themselves. It also serves as legitimate documentation for disclosures of any original ideas that unfold here. Whenever you engage in a discussion, or provide comments anywhere on this blog, you will be treated as a client, to at least that extent. As always, I maintain confidentiality to existing clients whenever it is required, and observe all of my fiduciary relationships appropriately.

Third, there are several unique processes for acquiring intellectual property rights that will be presented here on this blog, while they are being conducted elsewhere. Updates on the development of those processes will be announced periodically. Currently, there are a number of experimental procedures already in progress, and more on the way.

Welcome to the official blog for the Affordable Patent Service!