Do you toil away in an office, garage or basement lab in the hopes of bringing a new widget to life? What will you do when it's alive and kicking? Here's the primer every first-time inventor needs. Packed with plain-English explanations and step-by-step instructions, Nolo's Patent for Beginners defines clearly and simply what a patent is and why you need one. The book shows you: how to document an invention for maximum protection how to tackle the time-and-money-saving, patent-searching process the patent application process who owns a patent how to avoid patent infringement The 4th edition is completely updated and revised to cover all changes in patent law, regulations and Federal Circuit cases. Nolo's Patents for Beginners is a must-have reference book for inventors, educators, entrepreneurs, students, and business people who must deal with and understand patent law.

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The underlying principle of patents is that our nation rewards people who create useful things that are not obvious by giving inventors a monopoly over the sale and manufacture of their inventions. For example, in the 19th Century, one company controlled the manufacture and sale of all matches, while another company controlled the manufacture and sale of all safety pins. Matches and safety pins, just like paperclips and ballpoint pens, may seem obvious now, but a century ago they were novel discoveries and both of these items were protected by patent laws. Eventually all patents expire, and as a result, now any company can manufacture and sell matches and safety pins without seeking permission. This chapter will introduce you to some patent basics and summarize patent standards. Since patents are a member of the intellectual property family, we will also introduce principles of copyrights, trademarks, and trade secrets. Definitions, Caselaw, and Statutes We define many terms throughout this book and these definitions are collected in the Glossary at the end of this book. We also provide references to lawsuits and statutes. You can recognize the reference to lawsuits because the names are in italic usually separated by a "v," for example, Diamond v. Chakrabarty, 447 U.S. 303 (1980). The information following the names refers to volume, book, and page number where the case is located. The citation system is beyond the scope of this book, but if you are interested in doing further legal research, read Legal Research: How to Find & Understand the Law, by Stephen Elias and Susan Levinkind (Nolo). A statute is another form of legal citation and is recognizable by the use of a section mark, for example, 35 U.S.C. 161. The patent statutes passed by Congress can be found in Title 35 of the United States Code (U.S.C.). The U.S.C. can be found in most law libraries and the entire patent code is available at the U.S. Patent and Trademark Office website, www.uspto.gov. What Is a Patent? A patent is a grant from the federal government that gives an inventor the right to exclude others from making, using, selling, importing, or offering an invention for sale for a fixed period of time. For example, Whitcomb Judson received a patent in 1893 for the zipper, and for 17 years, Judson alone was entitled to manufacture and sell this invention. "Invention" has a broad meaning. It is any new article, machine, composition, process, or new use developed by a human. For example, in 1988 Drs. Leder and Stewart (on behalf of Harvard University) were issued the first patent for a new animal life form embodied in a genetically altered mouse. This new life form is an invention. The patent right lasts for approximately 17 to 18 years, provided certain fees are paid. After the patent right ends, anyone can freely copy the invention. A patent is a form of personal property and can be sold outright for a lump sum, or its owner can give anyone permission to use the invention ("license it") in return for royalty payments. A patent can also be transferred by gift, will, or descent under a state's intestate succession (no-will) laws. The Three Types of Patents There are three types of patents -- utility patents, design patents, and plant patents. Utility Patents: A utility patent, the most common type of patent, covers inventions that function in a unique manner to produce a utilitarian result.

 

Introduction 1. Patents and Intellectual Property Law 2. Qualifying for a Patent 3. Invention Documentation 4. Patent Searching 5. Reading and Writing Patents 6. Patent Prosecution and the PTO 7. Patent Ownership 8. Patent Infringement 9. International Patent Law 10. Help Beyond This Book Glossary

Will help minimize legal fees by preparing you to do what you can for yourself...

 

An impressive and reader friendly compendium of information and instruction... the ideal introduction to the patenting process.

 

Attorney David Pressman has over 30 years of experience in the patent profession -- as a patent attorney, a patent examiner for the U.S. Patent Office and a university instructor. He is the foremost expert on the patent-filing process and has charted the path for over 100,000 inventors. His book, Patent It Yourself, is the most highly recommended guide to patenting an invention. David is co-author, with Fred Grissom, of The Inventor’s Notebook and, with Patent Agent Jack Lo, of How to Make Patent Drawings Yourself.

 

Nolo's Patents for Beginners by David Pressman
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