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Patent Claim Basics Presented by The Patent Guild, Inc. Paul Royal, Jr. Registered Patent Agent.

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Presentation on theme: "Patent Claim Basics Presented by The Patent Guild, Inc. Paul Royal, Jr. Registered Patent Agent."— Presentation transcript:

1 Patent Claim Basics Presented by The Patent Guild, Inc. Paul Royal, Jr. Registered Patent Agent

2 Paul Royal Background Info President of The Patent Guild, Inc. Registered Patent Agent Patent Examiner – formal training received at the Patent Academy of the US Patent Office Received Juris Doctor in Law = J.D. Product Development Engineer Bachelor of Science in Mechanical Engineering - FAMU Associates of Arts – Florida A&M University Former US Marine Corps (USMC) Sergeant Avionics Master Training Specialist P A T H

3 What is a Patent A patent for an invention is generally the grant of a 20 year property right to the inventor, issued by the United States Patent and Trademark Office which protects the inventor’s idea. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions.

4 right conferred by the patent grant The right is “to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention.

5 There are three types of patents : Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof; Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plants.

6 Actual US Patent for an ant free dog bowl

7 Title of the invention Background Information Summary Description of Drawings Details of invention Claims which to which the patent rights apply Patent number End of patent

8 Key claim issues List essential invention elements (must have components). Logically link each element to at least one other invention element – proceed left to right, top to bottom, etc in a logical manner. Start BROAD (claim 1) and progress into more and more details on key unique elements in additional claims.

9 Anatomy of a claim. What is claimed is: 1. A combination of a dog bowl and water for providing an ant free dog bowl, said combination consisting of; an outer wall forming the outer periphery of a first depressions, said depression being filled with water, said outer wall having a top rim and a base, said base having a larger diameter than said outer wall for providing a wider base to prevent tipping, said base secured to said outer wall adjacent a lower level of said depression, an inner wall forming the outer periphery of a second depression for filling with pet food, said inner wall having a top rim and a base and forming the inner periphery of said first depression, and each of said first and second depressions having a depth reaching from said top rims to the level of said bases said top rims of said outer and inner walls being substantially coplanar.

10 What is claimed is: 1. A combination of a dog bowl and water for providing an ant free dog bowl, said combination consisting of;

11 an outer wall forming the outer periphery of a first depressions, said depression being filled with water, said outer wall having a top rim and a base, said base having a larger diameter than said outer wall for providing a wider base to prevent tipping, said base secured to said outer wall adjacent a lower level of said depression,

12 an inner wall forming the outer periphery of a second depression for filling with pet food, said inner wall having a top rim and a base and forming the inner periphery of said first depression, and

13 each of said first and second depressions having a depth reaching from said top rims to the level of said bases said top rims of said outer and inner walls being substantially coplanar.

14 Dependent Claim 2. An ant free pet food bowl of claim 1 wherein said outer wall diameter is in the range between eight inches and fourteen inches, said outer depression is in the range between two inches and three inches wide, and the diameter of said second depression is in a range between four inches and eight inches.

15 Claim Drafting Suggestions 1.After key claim(s) written – sketch the invention which is described by your claims. 2.Remember claims will most likely be revised during patenting process. 3.Be sure to include the elements which distinguish your invention from others or which provide unique functionality to your invention. 4.Integrate claim language into the description of the invention (suggest copy and paste EXACT claim language into description section of patent application). 5.Write claims in a manner which makes the elements easy to identify. 6.Syntax is CRITICAL – commas and semi-colons MATTER !

16 Resources The Patent Guild, Inc. Paul Royal contact info US Patent and Trademark Office website Internet Patent Search Tool

17 Patent Claim Basics This has been presented by The Patent Guild, Inc. Paul Royal, Jr. Registered Patent Agent


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