Patent Office welcoming Independent Inventors & Entrepreneurs !

[RJSV]

Hello:
   I'm not a lawyer, so cannot give 'legal' advice, but here you can read about my impression.  Any questions, you can post it here, regarding non-legal accounts.  My experience has been very good.
   About 25 years ago, the USPTO started the 'PAIR' system, enabling folks to go on-line with searches and other questions about the whole process.
   A SEARCH is what a lot of people wish to do.  Suppose for example, you've invented a Portable Shower, usually for camping but also in special outdoor situations, like Rock Climbers.
To start, go to WEB site. That's at:
   USPTO.gov
There, you can go to 'Patent Search', that's existing, already issued works.
   For newer material, you would want 'Search Applications', typically published during approval process.
   The web site offers some training videos, for learning how to utilize those two types of search databases.
My most difficult time, was getting used to grouping my terms, in quotes.
  Like this:.     "Pocket Shower"
The upper case or lower case lettering does not matter.  Searching on "Portable Shower" gave me this result:.   US 20190183293
THAT, means it's published, (at least), and was cleared to publish, in 2019, (in United States system).
My (non-legal) sense, is that very roughly, it takes 2 to 4 years, for any full completion resulting in Grant, of your work submitted.
I also utilize the free public search facilities, for simple survey.  Who else, is creating novel material, that might compete with your stuff.
   Not an Inventor?  There is a section, in the USPTO, for Entrepreneurs as well.  (Maybe you are looking at funding portable shower as a product).
By the way; USPTO means Patent and Trademarks.
I don't have any experience regarding Trademarks, but guess that it's a faster process.
   I believe, a USPTO examiner does an independent search, to validate 'Novelty' as it's called.
   Most complex searches will keep you waiting, but I've found approx 30 to 60 second 'Wait-Busy' is enough, to bring up full text, and simple delivered 'Drawings'.
If your PC has troubles, there are resources listing basic system requirements and formats.  My smart phone doesn't have problem, bringing up, that 'Portable Shower's example text and all drawings.
Of course, with enough effort there could be some glitches, usually with the graphics formats...(TIFF, etc).

   Heck, my biggest problem was getting search terms, (encased in quotes).  For example, trying out:
        "Nano-Scale Optical Switch" may or may not work, exactly...that depends on each actual document being scanned.  I don't know, but assume that there are 'Server Farms' doing some of the heavy lifting.
   Be grateful:. In the 1970's you faced a BIG BIG task, getting, or paying for your necessary search, ...plus some months, or weeks delay!

[Brumby]

IANAL - but I have done some work in this area and I held a couple of patents (now expired).

In years gone by, access to information about patents, trademarks, etc. was, indeed, a real chore - but computerisation has allowed unprecedented access.  In Australia, our AIPO (Australian Intellectual Property Organisation) has had such systems in place for quite a while.

What you have encountered, though, is the one challenge that still exists - what to search on.  What you may consider the obvious way to name something doesn't mean that someone else will think the same.  This is where professional searching services may offer an advantage, since they have seen how things roll.  Searching thoroughly can save you a lot of time, money and frustration down the road - so get as many variations of search terms as you can.

Remember, too, that when it comes to some forms of IP - such as patents - if the idea you want to patent is already out in the public domain - you're stuffed.  So, make sure you don't start talking about it with anyone where you don't have a confidentiality agreement in place.

Even after you've done your homework and your application has been published, someone could come along and challenge it before it is granted - or even after it has been granted - and there's some more fun for you.


This is not to dissuade anyone from having a go - just to be aware that this is the same pond that the big boys play in.  Don't take short cuts.

[Ed.Kloonk]

Think about hiring a patent attorney, if you do (believe that you) have a great idea. They can help you leverage existing patents by wording yours to maximum effect.

[RJSV]

Ed, I missed the context, of 'leveraging'; Is that, like this:
   "Improvements to Phone Line Transient Absorbing Component",. ?
(just an example)
   Where, there are already existing patents in that component ?
Thanks, Rick

[Ed.Kloonk]

Ed, I missed the context, of 'leveraging'; Is that, like this:
   "Improvements to Phone Line Transient Absorbing Component",. ?
(just an example)
   Where, there are already existing patents in that component ?
Thanks, Rick

Yes. My point is I'm good friends with someone who is married to a pat attorney. They are saddened by the number of people who have squandered so much money for jam by not contacting them at the idea stage (usually much afterwards when they are in the goo).

You tell them your idea. Don't worry, they won't steal it! They check existing patents and can explain and reveal openings which you can capitalize on with your own application.

Apparently too many peeps get knee deep in the paperwork and then reach out for help. Makes it hard for them to rectify.

[jonpaul]

Bonjour à tous

Involved with patents and litigation sincen1975, 7 US patents, 160 cases.

1/ Now-a-days US patents are weak due to poor USPTO examiners and policy. EU EPO, are more respected.

2/ USA Invent law biased the system against any individual inventor.

3/ 99% of patent lawyers are happy to charge for a patent application and procecution , but have never litigated a patent to obtain royalties.

4/ 99.9999% of alll patents never are enforced, or yield revenue. Their value is negative.

5/ litigation of a patent required minimum of $1M and takes 3..10 years to reach the end point.

Sorry for the discouraging words, from my hard won experience over the decades.

Bon courage


Jon

[RJSV]

WOW!
   We appreciate that, jonpaul.
One component, of genuine happy / Life Satisfaction, is REALITY CHECK, and always good, to view flaws, soberly.
   One of my mistakes, was blindly trusting the legal system, hiring a marginal, alcohol involved Attorney, he was 'cheap price', and I got what I paid for.
   Loving Technology people, I still enjoy the portion of Patent Development, aside from legal system.
Be nice to have an EEBLOG section, also.
Thank you, and criticism is welcome, (respectfully).

[jonpaul]

Dear RJ Hayward, mille mercis pour le gentil réponse

Many thanks for your kind words Sorry to hear about your bad experience. What was your patent for?

I was employed by the inventor of Music on Hold as a liscencing  engineer in1978, that led me to learn about patent enforcement and litigation...Then I met the author of "Patent it Yourself", David Pressman...

A pro se patent was granted 1991.  The cases stretching  15 years....was fortunate to have excellent patent litigation lawyers.


I learned more than most patent lawyers.....

Not for the faint of heart!

Enjoy

Jon

[RJSV]

"Not for the Faint of Heart". - - Jonpaul
Good Morning!
   I figured a field with plenty of room.  Didn't see much, computer Engineering training, at beginner level.  But there was lots of 'Education' talk, so...
Two years later, and I had outlined a system for teaching.  You must start, at motivating, I felt.  So (my) little business would be situated in the background, as a supplier for other trainers.
   The product ? A whole family of Mechanically actuated logic (the usual binary).
Once you've shown, a digital counter, 1-bit adder, etc. it gets old, 30 seconds of demo, along with 1/2 hour covering 'Binary Math'.  The product line was begging, for a system...
   You can read, those 488 pages, system oriented:
Please see:.     US  20030172205
   For application,
'Methods and Components for Mechanical Computer'

   (Filing Patent work, can be a huge Ego Trip, I've found, as a sort-of Narcissistic endeavour, lol).
But it's a serious work.  I 'manipulated' our positioning, (by choice of language).  For example, starting the title,
'...Methods and Components...for...", well, that was to push Patent Examiner that direction: The application format needed clear indication, which was it...Method, or Apparatus...I.E. 'Component'.
If it was to be a 'System', fine, but then, for the USPTO, that application must be thorough, and detailed...a literal MOUNTAIN, of detail.  A system wanna-be, I think it got up to 88 drawings.

  A local business operator...(Hi Bob, and Jane!), and his partner, taught me the essence;  You ACT first, often with 'boldness', THEN, maybe, get permission, and or 'apologize' later...(if ever).
He / They rattled some cages, downtown, not being the usual massage parlour, Pawn Shop, or Sushi Bar...

So I figured, get a commercial lease, biz licence, a corporate CAT, a stray, as symbolic President, and off and running, preparing a JUMBO size Patent application.  One anticipated bonus, I figured, was to position as a 'Supplyer', of various manuals, diagrams, for our customers.
   The central product featured, a 7 foot tall
(2.6 meters), 'frame', looking, almost, like, "A Spaceship having Suitcases attached, around it".
You can, maybe, see, that we had some fun with this:   No one there, to help,...but also then, no one to object, when things got 'creative'.
   And, if you really wish to 'rock the boat', so to speak, try pushing for DECIMAL based Architecture...
Computer Industry establishment hates that, for various (practical partially) reasons

   But, I did that...The Decimal based system was awesome, modern, and 'streamlined', often required 'word lengths', of, 1 bit, in the internal sequencers.
So, then, I had TWO mountains, of paperwork, to submit for novelty protection. (Whatever THAT is).
But I like the Decimal format.  Turns out, a good system has a 'word' size, internally, of about 8 to 12, states. (Some typical industry binary systems have
4-bits, spanning, 16 states).

That's, perhaps, 4 Patents, literally, broken up.  Then, plus, a whole new catagory, of clock devices...
I was really pushing the bounds, of 1890's technology.

   Jonpaul, hopefully, you can really see, how some really 'snarky' language opportunities were present, in that body of work...COST, to get full Patent protections in place, for a 'system' running at '4' (hz, lol), WHO EVEN KNOWS!
   The whole pile, collapsed, on its own weight, and after 7 years =>.  =>. => most all went to local landfill (dump).  Sad, yeah. But I got some stories !
- - Rick B.

 "Methods and Components for Mechanical Computer"
   US. 20030172205

[jonpaul]

Cher Monsieur Hayward

Very fine stores lots of work.
Your notes mix up invention, patents, marketing and implementation.

jammed today very briefly

1/ PTO and USC 35 do not require lengthy spec. The best-selling patents have one page of spec,  3 independent and 17 dependent claims. My old  telecom pat.  had that number of claims and perhaps 5p spec 5 figs.

Since a patent is a limited monopoly, anything in the spec or claims LIMITS the invention. Shortest is better.

2/ any details of implementation in the spec are mere examples.

3/ The market was non-existent from the onset, ask first " who will pay money for this" and " what is unique and un obvious "

4/ see the fine 1880s....1890s work of Charles Babbage's analytical engine for a,complete modern CPU/central store/ ALU mechanical computer

5/ hands on computer education was around in 1960s..1970s, modular digital logic, analog  computers.

Bravo for the efforts you have learned a lot!

just the ramblings of an old retired EE

Jon...