Browse Category: Patents

Patent Drafting: The most valuable patent focuses on structural uniqueness of an invention

From a conceptual standpoint is would seem logical to assume that writing text to describe an invention ought to be easy for the inventor of the invention. While that probably makes sense in theory, in reality, it just doesn’t play out that way. It can be enormously difficult for inventors to describe their own inventions. This is true not because the inventor doesn’t know what they’ve invented, or even because the inventor is not in the best position to explain the invention. Indeed, the inventor of a new and useful invention is absolutely in the best position to describe the invention. The problem lies with the reality that most inventors simply don’t understand what needs to be described in order to satisfy the U.S. patentability requirements.

For example, most inventors can write volumes about why they came up with the invention, but why the invention was made isn’t particularly relevant to patentability.

Similarly, inventors are very good at describing how their inventions can be used and why their invention is superior from a usability standpoint to anything available in the marketplace or previously known. The trouble is describing how an invention can be used, while a prerequisite, will not distinguish a tangible invention from the prior art.

Before moving forward let’s recall that in order to satisfy the enablement requirement in a patent application it is necessary for the drafter of the patent application, whether a patent attorney, patent agent or the inventor themselves, to describe in great detail how the invention can be both made and used so that someone of relevant skill in the particular art or science will be able to understand how the invention is both made and used. This being the law, it is obviously necessary to explain how the invention will be used in order to fulfill the patentability requirements. Unfortunately, when inventors represent themselves they nearly universally focus overwhelming on the use and at the expense of actually describing the structure.

It is necessary for an invention directed to a tangible invention —referred to in patent law interchangeably as either the machine, device or apparatus — to be distinguished from the prior art in terms of structure rather than in terms of function. This is true because an invention description that only focuses on the manner in which the machine or apparatus is intended to be used does not differentiate from the prior art if the prior art teaches all the structural limitations of described tangible invention.

For example, let’s say you invented an ordinary garden shovel. You attempt to distinguish your garden shovel from previously existing garden shovels by saying that your garden shovel is used not to dig, but instead as a stickball bat. By focusing on the different use you are saying nothing about the structure whatsoever. While you can obtain a patent on a new method for using a known product, even copious amounts of information about how to use your garden shovel will not translate into allowing you to claim your shovel.

If you focus your description only on use then at best you can obtain a patent on a new method for using a known product. The problem with those types of claims, however, is that in the hands of an individual new and non-obvious claims to a new method of a known product became difficult, if not impossible, to enforce. The thought process goes like this: Whom will you sue for infringement of your new method patent? In almost all cases, the infringer will be the user, not the manufacturer, distributor or seller of the shovel. But if you define your invention from a structural standpoint instead of a use only standpoint the infringer would not only be the user, but also the manufacturer, distributor, and seller. Being able to control the tangible invention and not just the method of use is what you want to do because it allows you to stop infringement at the source.

Of course, method patents are not useless, and in fact can be quite valuable in the right hands. For example, if you were to invent a cheaper, faster, more efficient way to create a known product then you could sell that known product for less than what others could who are not using your method. These types of commercial methods can become quite valuable and must be distinguished from the typical method of use that an inventor describes.

Still further, in my experience, the method of using an invention that is typically described by an inventor is one that frequently cannot be patented because the method often lack novelty or would be obvious. Returning to our example with the shovel, is it truly new and nonobvious to use a shovel as a stickball bat. Sure, it might not be ideal or even convenient, but substituting one known device for another similar device to accomplish the same task is considered obvious, at least after the Supreme Court’s 2007 decision in KSR v. Teleflex.

The moral of the story is this: When describing an invention you absolutely need to describe how the invention will be used, but to obtain the most valuable patent you need to describe the structural uniqueness of your invention.

So where do you go from here? One of the most effective (and economical) ways to disclose structure is to include multiple high quality patent drawings. For more information on patent drawings please see:

By Gene Quinn  via http://www.ipwatchdog.com/2017/12/09/patent-drafting-valuable-patent-structural-uniqueness-invention/id=90955/

Does your invention solve a problem? Does it make life easier?

Tips and Strategies for your Invention 

  1. When genius strikes and you come up with a great idea, create a record of your idea before going any further with it. The record of invention should be written in ink and should include:
    • a clear description of your idea,
    • the date,
    • your signature, and the signatures of two people you trust who have “witnessed and understood” your invention and the dates they sign.

 

 

 

 

 

  1. You must have a prototype built as soon as you can to transform the idea into a physical object.Once you have a complete drawing we can help you build your prototype.
  2. Be discreet. Do not talk about your invention with people who are not bound by a confidentiality agreement.

                     Always protect yourself from potential scams with a non-disclosure agreement.

 

  1. Keep good, complete, and accurate written records, including:
    • A written lab book or log, kept up to date as you work on your invention, that documents each day you did something, describes the efforts you have made in taking your invention from idea to reality (including testing results, experiments, modifications).Note: Have two witnesses sign and date your record book stating that they have “witnessed and understood” the work you have done to build and test your invention.

Copies of all correspondence (including e-mails!) and any receipts relating to your invention.

 

  1. Don’t do too much work on your invention until you get a good idea of whether it will sell well.
    • A suggested rule of thumb to determine whether your invention will sell well is that the total sales will be at least twenty times the cost of inventing and patenting it.
    • Include in your cost calculation the cost of filing fees, hiring a lawyer to help with your patent filing and the person who prepares the drawings of your creation.

Do market research, go to the public and see if they would be interested in buying a product like yours. This is a good way to discover value and set price point for your product.

 

  1. Assess whether you will be able to get a patent on your invention. Answer the following questions:
    • Is your invention novel?
    • What is the prior art?
    • If you are improving on something that has already been patented, is your invention a new physical feature, a combination of prior separate features, or a new use of a prior feature?
    • If you are improving something that has already been patented, is your invention not obvious?
    • Does your invention produce a new and unexpected result?
    • Does your invention fall into one of the five classes of items that may be patent-able? That is, is it a process, machine, an “article of manufacture,” “compositions of matter,” or a new use of any of those items?  At Source Direct, we have a network of preferred attorneys licensed by the Patent and Trademark Office. Our patent attorney locator on our website is growing every day! Look for an attorney near you on our locator and let them know you found them on our website!    

 

  1. Have your attorney conduct a patent search.

 

 

  1. Keep a file for your invention that contains items and information you and your lawyer will need while you prepare your patent application.
  2. Market your invention.

At Source Direct we can handle website development and maintenance, social media management, and online sales. We help you develop your brand while you do what you do best! Don’t stress about contacting big-box retailers or posting daily on your social media we can handle it all!                                                                                                                                         

As an inventor, you would likely rather spend your time perfecting your new invention or idea. Give the experts a call today and see how we can help you take your invention to the next level!

 

Marketing your product

When it comes to bringing a new product to market it’s your responsibility to get your product out there and seen.
You have a great invention that solves a huge problem for people but no one will buy it if they do not know it exists! Marketing is key in product success it can make or break you!

When marketing your product it’s important that your product is seen by your target demographic. Knowing how to reach them and what content potential customers are looking to is imperative! Building a community of potential customers that are engaging and resharing your content is key!

Create value for your followers, a user is likely to unfollow a page that does not push out different content and only is pushing ads for sales! If you have a fitness product keep potential customers engaged by continuously posting fitness related content, recipes of nutritional value, quick workouts, and other fitness products that interest you. Sharing the content of other pages and businesses also helps your reach by tapping into a network of potential customers that you may not have been able to reach otherwise!


At Source Direct we can schedule posts for you across multiple social media platforms, edit and bulk upload your images when you use our services. We target your preferred demographic when posting ads. We want to show how great your product is to people who may be looking for a product just like yours! Using state of the art technology and our expert designers, you will receive the highest quietly representation of your product. We make it affordable and convenient for us to manage your social accounts. get in touch with us today for more information!

 

888-373-3876 X 214

Protect your invention idea!

The lightbulb above your head is illuminating so bright that it’s threatening to blind everyone around you. But what should you do with your great invention ideas? Before you start blabbing about your invention to the wrong person or run to the first company that offers to buy it, you need to do one thing: Protect it!

•Step 1: Document It. Simply having an “idea” is worthless, you need to have proof of when you came up with your invention ideas.

When you come up with an innovative idea, create a record of Invention before going any further. Write down everything concerning your idea. Keep an “Inventor’s Notebook” or journal that records the conception and development of your idea. Use bound notebooks, make frequent entries and date each one. This log may help you in litigation if your invention’s origins ever come into question. Don’t talk with any company or agency about your invention unless they sign a confidentiality agreement. (NDA)

  • Step 2: Research It. You will need to research your idea from a legal and business standpoint.

This may be obvious to many people, however, you would be surprised at how many inventors get excited about an amazing idea and assume that because they thought of it, the idea does not exist anywhere else. Many times a simple Google search or a trip to your local Wal-mart may prove otherwise. Don’t be discouraged if you do find your idea already on the market, you may have a modification or an approach that is not covered by patents held by the manufacturer. If your search does reveal that the invention is out there, at least you did not lose any money on the idea. Also remember if you had one great idea that is in stores, you might have another tomorrow!

  • Step 3: Make a Prototype. 

It’s imperative to work with experienced illustrators for patent drawings, the United States Patent Office (USPTO) requirements are very specific. At Source Direct – Inventing Experts our experienced patent team can create professional patent illustrations of your invention, increasing the chances of your patent application being approved. When it comes to developing a prototype, you may be able to do it yourself if it’s something basic. But if you need help with the execution, you have options. We offer all your needs for creating a prototype.

 

  • Step 4: File a Patent.

Invention experts agree: don’t file your own patent! To properly secure a patent claim, the wording needs to be precise and accurate. It needs to use the nomenclature of a patent authority. Should you attempt to file your own patent, do not expect it to be as specific and powerful as one that is prepared by an experienced patent agent or attorney. Without expert guidance, you may not be granted a patent.

  • Step 5: Market Your Invention.

When it comes to bringing a new product to market it’s your responsibility to get your product out there and seen. You have a great invention that solves a huge problem for people but no one will buy it if they do not know it exists! Marketing is key in product success it can make or break you! When marketing your product it’s important that your product is seen by your target demographic. Knowing how to reach them and what content potential customers are looking to is imperative.

 

Your Aha Moment May Be Coming

BUT IT’S HARD TO KNOW WHEN THE LIGHT BULB WILL TURN ON

Have you ever had that “light-bulb moment” when suddenly, you see the solution to a problem? Whether you’re an inventor or not, this is also called an “aha moment,” which the Merriam-Webster Dictionary defines as “a moment of sudden realization, inspiration, insight, recognition, or comprehension.”

Henry Ford described this phenomenon: “The air is full of ideas. They are knocking you in the head all the time. You only have to know what you want, then forget it, and go about your business. Suddenly, the idea will come through. It was there all the time.”

A study conducted several years ago at Northwestern University showed that solving a problem that requires creative insight prompts distinct changes in brain activity that don’t occur under normal problem-solving conditions.

Timing can be Random

In terms of timing, “aha moments” are on their own schedule. You may wake up in the middle of the night to tell your sleeping partner that you just got a brilliant idea—only to be told to go back to sleep and talk about it in the morning. Albert Einstein said: “Why is it I always get my best ideas while shaving?” J.K. Rowling, British novelist best known as the author of the Harry Potter fantasy series, conceived the concept while on a delayed train from Manchester to London in 1990.

Probably the earliest documented example of an aha moment occurred around 250 B.C. when Archimedes, the most famous mathematician and inventor in ancient Greece, was in the bathtub.

As the story goes, he was asked by the king to determine whether a crown was pure gold. During a subsequent trip to a public bath, Archimedes noted that water was displaced when his body sank into the bath, and particularly that the volume of water displaced equaled the volume of his body immersed in the water. Having discovered how to measure the volume of an irregular object, and conceiving of a method to solve the king’s problem, Archimedes allegedly leaped out of the tub and ran home naked, shouting “Eureka!” (I have found it). Hence the origin of the term “eureka moment” or the aha moment.

One night in 1902, young American engineer Willis Carrier was waiting for a train, watching fog roll in across the platform, when he had a sudden flash of insight. Specifically, he could exploit the principle of fog to cool buildings. As is well documented, he patented the idea and made a fortune.

Aha Moments in Time

One wonders how many aha or eureka moments might have occurred relative to “The best 25 inventions of 2016,” reported in the Nov. 28/Dec. 5 issue of Time magazine. Among those:

• A new design for home roof solar panels called the Solar Roof. It involves a series of tiles designed to blend together and not stick out.

• Tires that spin in every direction based on Goodyear’s new spherical concept tire that would allow cars to move in many new directions, including sideways into a parallel parking space and at specific angles and speeds to counteract slippery surfaces.

• The ultimate alarm clock that, in conjunction with its companion pillow sensor, could monitor your sleep cycles and wake you when you’re least likely to feel groggy.

• A new line of cannabis vaporizer pens that could replace pills. When inhaled, the pens dispose a dose of cannabis oil that has been chemically engineered to make people feel calm, sleepy, or relieved of pain without getting high.

• A newly designed state-of-the-art drone called Mavic Pro that includes obstacle-avoidance technology, a 4K camera, the ability to track subjects while flying. It can also fold down to the size of a loaf of bread.

• A prosthetic arm called IKO that is designed to enable children who have lost a limb to play by using toy-like attachments.

• A new Nike product, Nike HyperAdapt 1.0, for shoes that tie themselves. When wearers press a button near the tongue, the shoe automatically ties or loosens around the foot.

• A new James Dyson product called the Supersonic hair dryer, which uses a tiny, jet-engine-like motor that makes it ultrasonic and therefore inaudible to the human ear.

• A levitating lightbulb called Flyte that relies on electromagnetism to levitate and spin, using resonant inductive coupling (a technical term for wireless power transmission) to shine. Now there’s your light bulb moment.

Time also recently referenced a potential aha moment opportunity, reporting that the National Aeronautics and Space Administration is offering a $30,000 reward to whoever devises a replacement for diapers so astronauts can eliminate body waste hands-free during space missions. Any light-bulb ideas for that one?

It’s what you do with these aha or light-bulb moments that count. Nolan Bushnell, often called the father of the video game industry, said: “Everyone who’s ever taken a shower has had an idea. It’s the person who gets out of the shower, dries off and does something about it who makes a difference.”

 

 

VIA (Inventors Digest) https://www.inventorsdigest.com/articles/aha-moment-may-coming/

From Prototype to Store Shelves!

At Source Direct we help inventors at ANY stage! The Child Guardian is an amazing invention for pool safety! The inventor found a need to prevent unsupervised entry into the pool. His idea came to fruition in his garage from a few materials that were found close by. The Child Guardian started out as a prototype made out of cardboard! The Child Guardian is now a manufactured product available for sale! We can guide you through the process to product success! What are you waiting for? Take a chance on yourself!

 

 

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