Patenting for Inventors

In this episode I tackle the question of whether your idea (or embodiments of your idea) is even eligible to receive a patent. I go through inventions and discoveries that can be subject to a patent, and ones that cannot be subject to a patent.

In this episode I go through the next steps to determine whether your invention might be patentable.  In order to receive a patent, your invention must be new, useful, and non-obvious.  But how is that determined? This episode will give you a quick rundown.

In this episode I go through ways to do a patent search, including key word searches, classification searches, and forward/backward citation searches.  I also go through an example patent search for an avocado slicer where you can follow along.

In this episode I go through the problems of telling people about your invention, who you should get to sign non-disclosure agreements, and the deadlines to file your patent application if you've already disclosed your invention to the public.

In this episode I go through a brief introduction of the main six parts of a patent: 1) the abstract, 2) background of the invention, 3) summary of the invention, 4) brief description of drawings, 5) detailed description of the embodiments, and 6) the claims. In later episodes I will go over more details about each of these parts.

In this episode I go over what provisional patent applications are, the differences between provisional and non-provisional patent applications, the pros and cons of provisional patent applications, and the requirements for provisional patent applications.

In this episode I go through the initial step of claim drafting, which is first to identify what your invention actually is.  I go through an example of patented multi-bit screwdriver using the "prune and distill" and "problem and solution" methods of identifying the invention. Only after you have first identified the invention should you begin to draft claims and the rest of your invention.

In this episode I go through the parts of a device or apparatus claim, which are the preamble, the transition word, and the limitations.  I cover some major things to think about when you draft claims, and some pitfalls to avoid. 

In this episode I go through the anatomy of a method claim.  I go through the various types, such as claims for new and non-obvious steps to accomplish a goal, a method of making a product, and product by process claims.  I use simple examples such as a hypothetical claim to patent frying an egg and an actual patented method of making guacamole and a product by process claim for guacamole.

In this episode I go through the differences between independent claims and dependent claims and why you should have a mix of broad independent claims and narrower dependent claims in your patent.  Dependent claims serve as backups in case your broad independent claim is found invalid and I go through some examples of how these are drafted.

In this episode I go through ten useful tips for drafting claims. There are lots of things to think about when drafting claims and here's just a taste of some aspects to think about.

In this episode I go through the requirements for utility patent application drawings.

In this episode I go through the part of the patent application called "The Detailed Description of the Embodiments."  I go over how to write this section to satisfy the written description, enablement and best mode requirements. I go over how to relate you description to your claims section and and how to relate it to the drawings.  I discuss numerous tips and tricks when writing this section.

In this episode I go over the section of the patent application called "The Brief Description of the Drawings." It's fairly simple to do, just write a short one sentence blurb and include the figure number, the direction of the view, and what it's a figure of.

In this episode I go over how to write the section of the patent application called, "The Summary of the Invention."  I go through two of the major approaches and some tips and tricks to get you started.

In this episode I go through some tips and tricks for writing the section of the patent application called the "Abstract." I go through a real Abstract example to show how the Abstract fulfills the requirements set forth by the Patent Office.