| Michael E. Byczek, Attorney at Law |
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Search and Find. Every patent begins with a search. The USPTO will only, pursuant to the U.S. Constitution, grant a patent for an invention that is new and useful. Any of the millions of patent applications or Internet websites may describe similarities to your idea. Search, find, analyze, and explain why your invention is new and different. A picture is worth a thousand words. The next big idea will need at least one technical drawing. Very few inventions do not require drawings, and there are very strict guidelines. The primary purpose of the disclosure is to fully describe and explain exactly how the invention is used, works and is built. The drawings are a visual presentation, like blueprints, to help patent examiners and the public understand your idea. You didn’t write the claims? The most important, challenging, and technical aspect of every patent application is drafting the claims that describe what is protected. An analogy to claims is a real estate deed. If you own property, your boundary ends at a fixed point. How do you know where? The deed was prepared using land surveys to provide exact feet and inch measurements. A patent claim is what sets your invention apart from another idea. An improperly drafted patent claim may give your neighbor a few extra feet of dirt by mistake. It All Begins with an Application. Patent applications are not fill-in-the-blanks. The USPTO recommends a specific format for a clear and consistent organizational structure. Whether you are approved or rejected will depend entirely on what is written. Infringement by or against you will be resolved based on the description. Exclusivity in Law. A big idea is extremely profitable. Federal patent rights grant you exclusive ownership. However, there is nothing to stop other individuals from exploiting your innovation. The first step is a search. Then, the competitor's product is compared to your patent claims. If your invention is worth money, there is a high probability that it is being manufactured, distributed, and sold either in this country or abroad. What is the Patent Legal Coach? Michael Elliot Byczek is a licensed Illinois attorney. He assists with patentability, technical drawings, searches, and disclosures for clients to submit a patent application to the USPTO on their own behalf. Infringement analysis is also available. The initial cost of submitting an application to the USPTO consists of three parts: search ($270), examination ($110), and filing fee ($165). If approved, the initial payment is $755 to issue the patent. Patents last for 20 years, if renewed. The first period ends in 3.5 years. If you don't renew, your rights will expire. Commercial feasibility during the first few years usually determines whether renewing a patent is practical. The renewal fee in 3.5 years is $490. The second period is in 7.5 years for $1,240. The last renewal is in 11.5 years for $2,055. The fees assume that you are a private individual or small business. Otherwise, the fees are double. There may be additional fees throughout the process in addition to the primary application and renewal costs. The Search The federal government has the resources to find a vast amount of information that not even an experienced professional can locate. Examiners are assigned to categories of applications based on technical expertise. They have onsite access to over 17,000 scientific, technical, business, and general periodical titles. A search will not locate every patent ever submitted, website on the Internet, or published article. However, the search will provide enough information to make an informed decision whether the idea is new. One benefit is to “work around” existing ideas, concepts, and products by adapting or modifying your invention by finding a way that “has never been done”. The Drawings The USPTO has strict guidelines for technical drawings that must be followed when submitting an application. Drawings that do not conform to these standards may be rejected. The Claims Descriptions and definitions define your invention. The claims should fully describe what you intend to protect. The biggest risk is whether your claims will stop infringement when analyzed and criticized in a courtroom. The Application Your idea will be transformed from conceptual or physical form into a written format that corresponds to the USPTO recommended structure. For instance, you may have ten drawings. The application requires a description of how the images are used in the written description. Or, you have a specific reason why the invention is useful. First and foremost, the application must completely explain and describe all details of the invention so that an average person with similar skills would understand how to build and use your idea. Infringement Searches Now that you have a patent, what comes next? An infringement search will compare potentially infringing products to determine whether the two items are similar. ** Michael E. Byczek is licensed as an Attorney at Law in the State of Illinois and is in the process of registration with the United States Patent and Trademark Office. Copyright © 2008-2010. Michael E. Byczek. All Rights Reserved. |