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“So, I’ve got this idea…” A Brief Introduction to U.S. Patents Charlotte Rodeen-Dickert, Registered Patent Agent
© 2004, C. Rodeen-Dickert What can be patented? What does a patent do? What are the requirements? What are the steps to apply for a patent?
© 2004, C. Rodeen-Dickert PATENTABLE SUBJECT MATTER 35 U.S.C. §101 UTILITY 35 U.S.C. §101 NOVELTY 35 U.S.C. §102 NON-OBVIOUSNESS 35 U.S.C. §103 ENABLEMENT/ WRITTEN DESCRIPTION 35 U.S.C. §112 Requirements of Patentability
© 2004, C. Rodeen-Dickert General Application Process Documentation Prior Art Search Draft Application Patentable subject matter? §101 Utility? §101 Novel? §102 Non-obvious? §103 Enabling written description? §112 PTO Examination Send Application and Fees to PTO Allowance and Issue Final Rejection Amendments Office Actions Appeal… Request for Continued Exam…
© 2004, C. Rodeen-Dickert Farming Today What’s New for ‘04 Harvest Prior Art Trade Journals Super- Widget …as seen on TV Only $19.95! Advertisements Prior Art Patents
© 2004, C. Rodeen-Dickert Application Forms Specification Claims… Drawings FEES
© 2004, C. Rodeen-Dickert Claims Field of Invention Detailed Description Summary Figures Background Results
© 2004, C. Rodeen-Dickert “The Name of the Game is the Claim” Set “metes and bounds” of the patent What is claimed is: 1. A cat toy for encouraging a cat to play even if fearful or timid comprising, a handle, a flexible line connected at one end to the handle, a plaything connected to the other end of the line, a sound producing device connected to the cat toy for providing a characteristic sound when the handle is moved for developing an acquired reaction on the part of the cat through repeated use whereby the cat eventually recognizes the characteristic sound and responds thereto by showing it is eager to play with the plaything when it hears the sound.
© 2004, C. Rodeen-Dickert Drawings Numbers referenced in specification Detail Drawings Full View Helpful for understanding the patent and important in later claim construction
© 2004, C. Rodeen-Dickert “Anything under the sun that is made by man” Any useful: Device, Method, Process Design Plant Mathematical Formulae Phenomena or Laws of Nature Algorithms not producing a “tangible result” 35 U.S.C. §101 Patentable Subject Matter and Utility
© 2004, C. Rodeen-Dickert “Device” (Utility Patent) I claim: 1. A motorcycle engine having at least a pair of cylinders, a piston disposed in each said cylinder, cranking means for translating reciprocal movement of said pistons into rotary motion, and a connecting rod assembly for coupling said cranking means to said pistons, said connecting rod assembly including a master connecting rod connected to one of said pistons, a slave connecting rod connected to the other of said pistons, and pivot means for pivotally connecting said slave connecting rod to said master connecting rod, said cranking means and said master connecting rod each including an oil passage adapted to provide oil to said pivot means.
© 2004, C. Rodeen-Dickert “Process” (Utility Patent) What is claimed is: 1. A method for making chocolate, said method comprising: (a) providing a chocolate mixture comprising a chocolate source selected from the group consisting of cocoa powder and chocolate liquor, a fat Sources selected from the group consisting of cocoa butter and a vegetable fat, and a sweetener….. An improved chocolate manufacturing and/or refining process is provided. This process allows chocolate refining at a significantly increased throughput rate while maintaining the particle size distribution at the desired level. Thus, the production rates of existing or newly designed chocolate-making processes can be increased significantly...
© 2004, C. Rodeen-Dickert “Method” (Utility Patent) What is claimed is: 1. A method of inducing aerobic exercise in an unrestrained cat comprising the steps of: (a) directing an intense coherent beam of invisible light produced by a hand-held laser apparatus to produce a bright highly- focused pattern of light at the intersection of the beam and an opaque surface, said pattern being of visual interest to a cat; and (b) selectively redirecting said beam out of the cat's immediate reach to induce said cat to run and chase said beam and pattern of light around an exercise area. 2.The method of claim 1 wherein said bright pattern of light is small in area relative to a paw of the cat. 3.The method of claim 1 wherein said beam remains invisible between said laser and said opaque surface until impinging on said opaque surface. 4.The method of claim 1 wherein step (b) includes sweeping said beam at an angular speed to cause said pattern to move along said opaque surface at a speed in the range of five to twenty-five feet per second
© 2004, C. Rodeen-Dickert Design Patent Note: only one claim required Also denoted as D365,245
© 2004, C. Rodeen-Dickert Plant Patent
© 2004, C. Rodeen-Dickert 35 U.S.C. §102 Novelty Claim 1: “A Cat Toy… Comprising… A handle… A flexible line… A plaything… Sound producing device…” Kitty Fishin’ 2000 Cats love it! Magazine Advertisement Only $4.95!!! Point of Novelty
© 2004, C. Rodeen-Dickert 35 U.S.C. §103 Non-obviousness Claim 1: “A Cat Toy… Comprising… A handle… A flexible line… A plaything… Sound producing device…” Kitty Fishin’ 2000 Cats love it! + U.S. Patent No. 5,555,555 Stimpson Auditory Cat Entertainment Device A device to amuse feline pets through a pleasing sound… …produced by a bell attached by a flexible line to a handle… Only $4.95!!! “teaching or suggestion to combine…” (claim probably would be “obvious”)
© 2004, C. Rodeen-Dickert 35 U.S.C. §112 Enablement Specification must be thorough enough to allow “person having ordinary skill in the art” to “practice” the invention without “undue experimentation” Inventor must show “ownership” of the invention Full Disclosure Limited Monopoly
© 2004, C. Rodeen-Dickert Final Rejection AppealRCEC-I-P
© 2004, C. Rodeen-Dickert Allowance and Issue UNITED STATES PATENT PTO Issue Fees Maintenance Fees (utility only) Utility - 20 years from filing date Design - 14 years from grant date Plant - 20 years from filing date Right to exclude others from practicing the invention …enforcement is patent holder’s responsibility
© 2004, C. Rodeen-Dickert For more information… Patent It Yourself How to Make Patent Drawings Yourself (Nolo Press)
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