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.

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?

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

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

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

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

Statutes Title 35 US Code – Statutory (Laws) Anticipation – 35 USC 102 Obviousness – 35 USC 103 Clarity – 35 USC 112 Utility – 35 101 Examination based on Statute Allowance Rejection

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

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

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

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

United States Patent and Trademark Office Contact Information John Calvert Administrator Inventor Assistance Program, USPTO e-mail: john.calvert@uspto.gov Phone: (571) 272 4983 28