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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/

10 Critical Pieces of Advice for Inventors By: Gene Quinn (IPWatchdog)

There really is no one-size-fits-all approach inventors can follow, and there is no inventing roadmap to success that will work in all cases. Notwithstanding, there are certainly a number of things that can and should be understood if an inventor is going to pursue inventing as more than a hobby.

By understanding some basic but critical information at the outset you will substantially raise the chances of succeeding. This is not to say that you won’t make mistakes; mistakes are inevitable. You will, however, make fewer mistakes if you give thoughtful consideration to what it is you are attempting to do. Indeed, running off and starting without an appreciation for the process will prove costly.

What follows are 10 critical pieces of advice for inventors.

 

1. Find Your Passion as an Inventor

If you are a serious inventor and do not plan on giving up the first time an obstacle is placed in front of you, then you absolutely need to focus on something for which you have a true passion. The point here is simple: The act of inventing takes a lot of time so you need to love it to make it work. There will inevitably be both successes and setbacks, and any inventor who is honest will tell you the setbacks outnumber the successes. What makes inventing rewarding is the pursuit of success and the challenge. If you are not passionate about your invention and the field of endeavor the likelihood you will succeed is very low.

2. Inventors Must Become an Expert

The biggest mistake I see all inventors make is they rush into a field of endeavor without really understanding what they are getting into, or to solve a problem in an industry they don’t know. For example, every new parent suddenly becomes an inventor in the baby products space, but how many have any idea about the onerous government safety regulations imposed on baby products? While passion is required, knowledge is also absolutely necessary. A successful inventor will learn everything they can about each aspect of the field, from the technology, to the business, to the competition.

3. The Goal is Not Simply to Obtain a Patent

The goal is not to create an invention that is cool, the goal is not to get a patent, the goal is almost universally to make money. The cool invention and patent are a means to the end, not the end in and of themselves. Don’t get so caught up in the creation aspect of inventing that they fail to stop and ask whether they should be investing the time, money and energy into the creation. The moral of the story is that the best innovation can lead to no financial reward, while sometimes modest improvements can lead to financial riches. For that reason it generally make sense for inventor to focus on inventing to solve specific problems, and not just inventing to create something unique.

4. Approach Inventing in a Business Responsible Way

Given the inherent uncertainty that characterizes the inventing business it is critical that inventors treat inventing as a business endeavor from the earliest stages and approach your efforts in a business responsible way. Treat your invention from day one as if it will be wildly successful, because by the time you realize that this is the invention that will be wildly successful it will be too late unless you have planted the seeks for success early. This means inventors really must have immediate, short-term, intermediate and long-term goals in place. Give consideration to what the next several phases of development will be if phase 1 turns out to be successful enough to warrant phase 2 and beyond, but for goodness sakes if phase 1 isn’t promising move on to something else. Don’t fall in love with an invention that is failing when you can move on to the next project, which may be the one that will succeed.

5. Don’t Underestimate Importance of a Patent Search

Patent searches are an important first step on the road to seeking a patent because they will let you get an idea about what, if any, rights you can likely expect to obtain. If it looks like only extremely narrow patent protection will be available it probably makes more sense to simply move on to your next invention, because inventors always have a next invention. Patent searches are also excellent learning tools because they give you an opportunity to discover which aspects of your invention are most likely to contribute to patentability. Thus, if you are going to move forward with filing a patent application you can focus your description on those aspects of the invention most likely to contribute to patentability.

6. Don’t Underestimate the Importance of an Internet Search

Over the years I have preached to inventors about the importance of doing a patent search.  Earlier in my career I would hear from inventors who would say that they searched the Internet thoroughly and could not find the invention so they want to move forward. But there are numerous reasons why a product might be patented and not available for purchase.  Having said that, there are also numerous instances where a product is available for purchase but a patent application has not been filed. Therefore, it is critical to remember that a patent search is just that: A search of patents and published patent applications.  You hire trained professionals to do a patent search, but the patent search does not typically include a product search online.  That is generally the responsibility of the inventor. So for goodness sakes, if you come up with an invention the very first thing you should do is see whether it exists and can be purchased online or in stores.

7. License Inventions Not Ideas

Without a patent pending you don’t have anything to license other than an idea that lacks tangible boundaries. When you seek to license an idea alone you can easily scare companies. In fact, even listening to an idea without tangible boundaries as defined in at least a provisional patent application can scare companies to the point where some, perhaps many, won’t want to do it. Moreover, the further you can develop your idea the better and more valuable it will become. So an idea may be worth a little to a very limited number of people, but an idea that has taken shape and has become an invention is worth even more and to more people. An invention that has been defined in a provisional patent application is worth more. Prominent inventor coach Stephen Key talks about a filed provisional patent application creating “perceived ownership,” and he recommends his inventor students seriously take the time and energy to define their ideas in tangible ways to create those perceived rights with a provisional filing. That is excellent advice.

8. Set a Budget

Inventing and commercializing can be extremely expensive, and if you really are an inventor that means you are creative and it is crazy to think that your current invention will be your last. In fact, most inventors have a handful of inventions at any one point in time, so the difficulty they have is picking which one to pursue first. That being the case, and the inevitable reality that you might not score with the first invention you choose, you need to set a budget and constantly reevaluate through the process to make sure that it continues to make sense to pursue the invention. Investing time and money is one thing, but investing good money and your time once the pursuit has been demonstrated to likely not be fruitful is nothing short of a disaster.  So I recommend you set a budget, which you can reassess if things seem to be moving forward in a positive direction.  Once you reach your budget limit if there is no positive momentum you need to move on to what is next. Of course, don’t throw your work away, you never know when it might become relevant or you might have a breakthrough inspiration.

9. Proof of Concept

At some point it will become necessary to prove your invention, which is called a proof of concept. This is an important step because many times things will seem to work on paper, but then when you build out the invention things are not as they would seem. While it is true that an invention with a proof of concept will be more valuable than one without such proof, it is still necessary for inventors to be cautious. Everyone typically wants a prototype, but that can sometimes cost tens of thousands or dollars if you rush right to a prototype firm. It is best to start out crude and work you way down the path. You might begin working with artist who can sketch your invention first on paper. After that you might directly work with an engineer to obtain 3D renderings and ultimately with engineering drawings. When you work with a capable engineer or design firm many things become clearly inoperable as you move through the sketch, 3D model and engineering drawings phases.  Additionally, if you are going to be thinking about a provisional patent application at some point having those sketches, 3D models and engineering drawings can be quite helpful to attach to your application. They can also make great attachments to a business plan you might put together to show investors. Ultimately, before you get to the point where you hire a prototype firm you might want to consider trying to get access to a 3D printer, which many local inventor groups may be able to help with.

10. Plausibly Estimate the Size of the Market

There is nothing wrong with dreaming, but there is an extremely important cautionary tale to be told about the tremendous harm that can be done to opportunity when inventors exaggerate the market size for their invention. You don’t want to be the one who confidently proclaims: “Everyone is going to need to buy this invention.” No one ever achieves 100% market share, and if that is what you expect you will be very disappointed. If you are serious about determining the true size of the market you will research publicly available information and dig through the data applying reasonable assertions. For example, according U.S. Census data, in 2016 there were 40.6 million people living in poverty in the United States. The poverty line for an individual was $12,228, while the poverty line for a family of 4 was $24,563. So exactly how many people can afford to purchase your invention? And then consider how many people might actually need the invention. For an example about how you might approach this decision matrix see Plausibly estimating the market for your invention.

 

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/