1. Ideas!
The way to have a good idea is to have lots of ideas and throw the bad ones away
Linus Pauling, 20th Century chemist
Invention isn’t some impenetrable brand of magic, anyone can have a go
Trevor Baylis, inventor, wind-up radio
A good idea is never lost. Even though it’s originator or possessor may die without publicizing it, it will someday be reborn in the mind of another
Thomas A. Edison, inventor
All of us have ideas. It is what we do with them, how we use them and where they end up that causes invention to prosper. Remember that things we think of are probably someone else’s idea as well. What we need to do is make that idea happen.

2. Concept New idea Improvement Invention or Innovation?
Never produced before
Never invented
Quantum leap
Improvement
Better way of doing things
Answer for existing product or problem
Invention or Innovation?

19. Basic Protection Notebook Provisional Application Disclosure
Dated and reviewed
Court
Provisional Application
1 year period
Must meet statutes and rules
Disclosure
NDA
Public – could be problem here and elsewhere

20. Patent Application Non-provisional Foreign Patent professional?
Can mature into patent
Patent grant protects invention
Foreign
Individual countries
PCT
Patent professional?

21. Types of Applications Utility Design How things work
What they are made from
What they are used for
Etc.
Design
What things look like
Ornamentation

22. Prosecution Examination Time limits Response Non-final Final
Shortened Statutory period
Extensions of time
Response
Informal – interviews
Formal

23. Statutes Title 35 US Code – Statutory (Laws)
Anticipation – 35 USC 102
Obviousness – 35 USC 103
Clarity – 35 USC 112
Utility –
Examination based on Statute
Allowance
Rejection

24. Final Rejection - Next Steps
Board of Appeals and Interference
Continuation Application
Straight, RCE
Continuation-in-part
Divisional
Abandonment

25. Patent Rights Term What you get! Who enforces?
Utility – 20 years from first non-provisional
Design – 14 years from date of issue
What you get!
Right to exclude others from making, using, selling, offering for sale or importing you invention into US
Who enforces?
No patent police
You are responsible

26. Other Protection Trademarks Copyrights Trade Secrets
Identification of goods and services
Unlimited term – unless name becomes generic
Copyrights
“original works of authorship” including literary, dramatic, musical, artistic and certain other intellectual works
Trade Secrets
Contractual agreement
Must have economic value and not easily ascertainable

27. Facts FY2006-2007, the USPTO received
430,000 (2006); 467,000 (2007) applications
332,000 (2006); 352,000 (2007) new aps. examined
1,217 (2006); 1208 (2007) new exam’rs (5500 total)
At beginning of FY 2006 the USPTO had
610,000 utility applications waiting examination
At the end of FY 2008 the USPTO has
≈800,000 utility applications waiting examination

28. United States Patent and Trademark Office
Contact Information
John Calvert
Administrator
Inventor Assistance Program, USPTO
Phone: (571) 28