HOW TO PATENT PRODUCT US
Preparing Patent Applications
Now that we have sensitized you to certain pitfalls, we can discuss certain information that should go into a patent application including provisional or non-provisional patent application. In the provisional application, you should include the following information:
Advantages of the Preferred Embodiments
Description of Embodiments of the Invention
Title of your Invention
This can be a brief title or name of your invention.
Background of the Invention
This can be a brief paragraph describing existing solutions for the problem addressed by your invention. Avoid describing your invention in the Background section, as some case law indicates that the Examiner can use those statements against the patent owner to reject the application. Also, be careful when you admit something as prior art as such admissions will be held against the application even if the prior art characterization is later found to be wrong.
Summary of the Invention
This can be a brief paragraph providing a summary or abstract of your invention. You can draft the summary/abstract first, or you can wait until the claim section below is done, and then do the summary or abstract to make the summary/abstract consistent with a high level claim such as one of the independent claims.
Advantages of the Preferred Embodiments
Next, you should describe each feature, uniqueness, differentiation, or advantage that embodiments of the invention have over the prior art. If you have a sales or marketing brochure done already, you may want to review the sales or marketing brochure to identify the important product features that you market to your customers.
Description of Embodiments of the Invention
You can generate diagram(s) that illustrate the operation of your invention and annotate these diagram(s) with reference numerals that you can use next to explain each diagram. If you are not certain about how to come up with the diagram(s), you may want to start with a top level diagram illustrating the major parts of your invention and then provide additional diagrams that progressively show more details of each major part in a top-down fashion, similar to the layers of an onion that you can peel away to show more information.
Another approach on the diagram(s) is to think about the advantages you have listed above. For each feature, uniqueness, differentiation, or advantage, you can sketch the hardware or inventive technique that provides the feature, uniqueness, differentiation, or advantage you mentioned.
It may be useful to create a table summarizing the reference numbers, and for each reference numeral, you can enter the reference number and the descriptive text. Next you can enter text that explains the diagram in depth as part of the Description. The Description in the patent specification of the invention should be as complete as possible. This is called the “written description requirement”. The written description of the invention must contain enough detail so as to enable a person skilled in your technology area to be able to read the patent application and to be able to make and use the invention without undue experimentation. This is referred to as the “enablement requirement”. The written description of a patent must describe the best way, or mode, of making and using the invention known to the inventor at the time the application was filed. This is referred to as the “best mode requirement”. Thus, if you have specific preferred way to implement your invention, you should provide the information in the Description.
Example: United States Patent 7121610 for a combination shade and handle device
FIG. 1 shows a first embodiment of combined sun-screen and handle devices mounted on windows 1 and 2 to reduce the amount of sunlight from entering a motor vehicle such as a car. FIG. 2 is a top view of a vehicle with the devices of FIG. 1; FIG. 3 is a perspective view of an exemplary device in FIG. 1; and FIG. 4 is a front view of the exemplary device of FIG. 3.
Referring to FIGS. 1–4, each device has a frame 8 that is secured in the vehicle cabin just above a window frame of a motor vehicle window. As is typical, the window is made of glass or other transparent material and is supported in the rigid window frame. The center of frame 8 is shaped such that when secured to the vehicle, frame 8 together with cover 3 acts as a handle 5 that a passenger can hold on to while being transported in the vehicle or while the passenger is attempting to enter/exit the vehicle.
Roller cover 3 houses a winding core ( 3 AA) and a shade 6 wound onto the winding core 3 AA. The winding core 3 AA is swivelly mounted between the frame and the cover. The shade 6 has one free end and one fixed end adhered to the winding core, and has a surface area which can substantially cover a selected surface area of the window. Further, a gripping strip or pull tab 4 is positioned at the free end of the shade 6 to allow a user to engage or disengage the shade 6 . In one embodiment, the cover 3 has a slotted opening 3 BB for receiving the pull tab 4 and the free end of the shade 6 .
In the retracted position of the shade, pull tab 4 extends only far enough out of cover 3 so that it can be grasped by a hand. In the vicinity of and just inside cover 3 , winding shaft or core is mounted for rotation by means of stub shafts in bearing brackets. In one embodiment, toward each end of the winding core there are gear wheels which are fixed for rotation on the shaft and which mesh with respective rack-like toothing.
Shade 6 can be an opaque or semiopaque foil or a fabric. The foil can be perforated, while the fabric can be woven with such a distance between its threads that it appears semi-translucent. The foil or fabric can be coated on its outside so as to be light reflective in order, in this way, to reflect incident sun rays and thereby reduce the heating of the inside of the car.
Correspondingly, the second device has a frame 8 A adapted to be secured above a window frame of a motor vehicle window. As is typical, the window is made of glass or other transparent material and is supported in the rigid window frame. The frame has a handle 5 A that is centrally positioned on the frame 8 A. A roller cover 3 A houses a winding core (not shown) and a shade 6 B wound onto the winding core. The winding core is swivelly mounted between the frame and the cover. The shade 6 A has one free end and one fixed end adhered to the winding core, and has a surface area which can substantially cover a selected surface area of the window. Further, a pull tab 4 A is positioned at the free end of the shade 6 to allow a user to engage or disengage the shade 6 A. In one embodiment, the cover 3 A has a slotted opening for receiving the pull tab 4 A and the free end of the shade 6 A.
The cover 3 can also include electronics such as lights, fan or audio electronics. For instance, a light and on/off button can be positioned on the cover 3 . Also, a fan can be positioned on the cover 3 . Further, electronics such as speaker and amplifier can be mounted on frame 8 and cover 3 . This list is exemplary, and other devices can be embedded in or on cover 3 .
During installation, frame 8 with roller shade 6 is mounted so that it will completely clear the top of the window frame. Mounting brackets are aligned and level with each other. The mounting brackets can be positioned outside frame 8 , inside the frame 8 , or into the ceiling of the cabin.
The Claims
Next, although not required in a provisional application, you may want to set out the boundary of what you consider to be your invention through a set of claims. The claims should have at least one novel feature or element that is not present in the prior art.
Although claim drafting should be done by a patent professional, one way to approach claim drafting is to select the fewest number of items that together provide the unique differentiating function described above and include at least one element that does not exist in the prior art for you to distinguish the novelty of your invention. Besides the independent claim 1, you should also claim essential options and preferences (claims 2-9). For each component/operation listed above, describe options, preferences, bells and whistles that could embellish your invention. These options become "dependent" claims, or claims that render the independent claims more specific to your preferred implementation.
An example set of claims from the aboveabdominal exerciser patent is as follows:
The invention claimed is:
1. A portable exerciser for use in conjunction with furniture having a support member, comprising: an exerciser body having a first end and a second end, the first end being U-shaped and adapted to be hooked to the support member positioned above the second end and the second end adapted to be placed on a floor; and a bar positioned between the first and second ends to secure a user's feet during exercise, wherein the user lies substantially above the first and second ends.2. The exerciser of claim 1 further comprising of a roller having an opening to slide or engage into one end of the bar.
The exerciser of claim 2, wherein the bar comprises a cross-section having one of cylindrical, pipe-shaped, square, rectangular, pentagon, and hexagon shape.
3. The exerciser of claim 1, further comprising two rollers to slide through both ends of the bar.
4. The exerciser of claim 4, wherein one of the rollers comprises one of the following: foam, plastic, rubber, urethane, and Styrofoam.
5. The exerciser of claim 1, wherein the bar and the body is constructed from a material selected from one of the following: wood, wood composite, metal, metal alloy, plastic, plastic composite, rubber composite, fiberglass, epoxy, carbon-graphite, rope, nylon strap and elastic cord.
6. The exerciser of claim 1, wherein the furniture is a bed frame and the support member is a transverse bar.
7. The exerciser of claim 7, further comprising a mattress positioned over the bed frame.
8. The exerciser of claim 1, wherein the furniture comprises a sofa-sleeper with a foldable bed frame to support a mattress.
9. The exerciser of claim 2, wherein the roller comprises one of the following: plastic, urethane and rubber.
10. The exerciser of claim 1, wherein the user provides resistance training.
11. The exerciser of claim 1, wherein the user trains one of abdominal muscles, including the upper and lower rectus abdominus, the internal and external abdominal obliques and the transverse abdominus.
12. The exerciser of claim 1, wherein the user trains the user's stomach, back, neck, quadriceps and calves.
13. The exerciser of claim 1, wherein the user trains the user's stomach, back, neck, quadriceps and calves.
If applicable, you can add a description of the process of Making and Fabricating the Invention. If you have a product done already, you may want to include a user manual or Operating Instruction as an appendix to provide more information. Alternatively, if you have a specification for the product, you may want to include the specification in the application to provide back up details. Essentially, you want to provide as much relevant information as possible to support your claims when you convert the provisional application within one year from the provisional application filing date. Be aware that the content of the provisional application may be accessible by the public in the future, so you should also remove unnecessary confidential information such as supplier information or financial information or cost information from the provisional patent application.
As discussed above, a good patent application, be it provisional or non-provisional, requires a fair amount of effort at documenting your invention. However, such efforts will protect you in case third parties file conflicting applications in the interim. Providing good and reduce the risk that your disclosure in the provisional application inadequately supports the claims of a subsequently filed utility application.
When you are done, you can mail the provisional application, along with a filing fee, to the U.S. Patent and Trademark Office, or you can file on line at www.uspto.gov
Fees are subject to change. The current fee for a provisional application for patent can be found on the fee page. Payment by check or money order must be made payable to "Director of the U.S. Patent and Trademark Office".
You can mail the provisional application and filing fee to:
Commissioner for Patents
P. O. Box 1450
Alexandria, VA 22313-1450