1. Fernandez & Associates LLP Menlo Park, California
Ten Ways to Speed Up the Process of Getting Patent Protection of Technology
Dennis S. Fernandez
Patent Attorney
Fernandez & Associates LLP Menlo Park, California
© 2003 Fernandez & Associates, LLP. All Rights Reserved.

2. Overview of the Patent Process
Patent Protection
twenty years from the date the application
for a patent is filed
Period of Time When your Invention is Unprotected
18 Months to two years to get a patent issued

3. Patent Timeline

4. Top 10 Ways Ten Tips for Early Protection of Technology
Rely on Other Forms of Technology
Build a Patent Portfolio Quickly
Submit a Provisional Application
Submit a Petition to Make Special
Do Not Make the Claims So Broad
Submit an Information Disclosure Statement
Respond to USPTO Actions Quickly
Communicate with the Examiner
File Foreign First
File Online

5. Rely on Other Forms of IP Protection
Trademarks
protect goodwill and branding of one’s product
Copyrights
protect the original expression of an idea
MaskWorks
protect against the unauthorized copying of a chip’s layout information
Trade Secrets
protect any technical or business information that gives the business a
competitive advantage

6. Build a Patent Portfolio Quickly
Acquire or License Patents or Applications
Universities
Defunct companies

7. Submit a Provisional Application
lock in an early filing date
remember to convert into a non-provisional as soon as possible; Don’t Wait

8. Submit a Petition to Make Special
high priority within USPTO
Basis for Petition
infringement
applicant’s health
applicant’s age
environmental quality
inventions relating to recombinant DNA, HIV/AIDS, superconductivity, or countering terrorism
applications relating to biotechnology filed by applicants who are small entities

9. Do Not Make the Claims So Broad
Make Claims More Specific
less prior art the examiner has to reject
faster patent issuance

10. Submit an Information Disclosure Statement
Include:
sources of ideas
articles regarding similar technologies
competitive ideas from other companies
previous technologies that the invention
builds upon
Anticipate the Examiner’s Arguments and Show How
Your Invention is Different

11. Respond to USPTO Actions Quickly
Strive to respond in a timely fashion
Expedite all USPTO actions
Facilitate communications with patent counsel

12. Communicate with the Examiner
Schedule an interview to talk about a rejection
Explain the invention
clarify any of the examiner’s concerns

13. File Foreign First File Foreign First
if a certain country has a quicker review process, you may consider filing there first

14. File Online
File Online
Every second counts!

15. Questions?