Q & A

How to digitize your life (or at least have a paperless office)

07/21/2009 By patentauthority 1 Comment

Over the last several years many people have asked me how to remove paper from their lives. Here are some tips on how to empty your file cabinets and get rid of that pile of mail.

Scanner + OCR = pdf

Get a duplex document scanner with at least a 25 sheet feeder and good OCR software. I use a Fujitsu Scansnap that is a few years old and it does a nice job. For OCR I use ABBYY FineReader that was bundled with the scanner. Acceptable entry-level scanners start at around $300, but it is worth spending more for the next level up. The more expensive models give you greater scanning speed with less misfeeds and paper jams. This is especially important if you want to scan different types and thicknesses of paper at the same time, such as bills, credit card receipts, and business cards. If you really want to go all out, buy a networked scanner.

If it doesn’t come bundled with your scanner, buy Adobe Acrobat Standard or Pro (unfortunately, bloated and expensive). [Read more...]

Filed Under: General, howto, Q & A Tagged With: backups, howto, OCR, pdf, scanners, storage

Can I show my “patent pending” product or idea without an NDA?

12/22/2008 By patentauthority Leave a Comment

Q: We filed a patent application (provisional or non-provisional) and have “patent pending” status. Can we show our product to others without having them sign an NDA (non-disclosure agreement)?

A: Yes… more or less. If the most important thing to you is building your company, and you have a well written patent application and thorough IP strategy, go show your product and get the word out, but keep the following in mind:

An NDA helps fulfill the immediate need or desire to stop others from copying your invention. However, it is a bit impractical and reduces your ability to sell your product if you have to ask everyone to sign an NDA. So, while an NDA would provide some level of “protection” not yet afforded to you by the patent application, you can proceed without one. Keep in mind, that without a granted patent or NDA, someone can still copy what you have disclosed to them and you would have few if any legal arguments to stop them.

[Read more...]

Filed Under: Inventions, Patents, Q & A, Startups

Public Disclosure: How to ruin your European patent

03/13/2007 By patentauthority 1 Comment

There are four basic requirements for patentability under the European Patent Convention (EPC): 1) there must be an “invention”; 2) the invention must be “susceptible of industrial application”; 3) the invention must be “new”; and 4) the invention must involve an “inventive step” (Article 52).

Many people who have confidence in their knowledge of U.S. patent law run into problems when applying for European patents because they disclose their invention before filing either a U.S. or European patent application. While this may be acceptable (with certain limitations) in the U.S., it can create insurmountable problems in many other countries.

In order to understand why, you must understand the third requirement of patentability under the EPC – the “new” requirement.

[Read more...]

Filed Under: EPO, Europe, General, International, Patents, PCT, Q & A, Resources, WIPO

USPTO To Hold Live On-Line Chat for Independent Inventors

11/16/2006 By patentauthority Leave a Comment

Senior officials of the United States Patent and Trademark Office, as well as a representative from the Patent and Trademark Depository Library Program, will be available live on-line on Thursday, November 16 , from 2 to 3 pm (ET). They will be answering questions and offering tips for independent inventors. Instructions for taking part in the chat will be posted on the home page of the USPTO website at 10:30 am (ET) on Thursday. Inventors can begin logging on at 1:30 pm.

Links: transcripts and index from previous on-line chats.

Filed Under: General, Notices, Patents, Q & A, Resources

How does FDA approval affect a patent’s term?

10/24/2006 By patentauthority Leave a Comment

Q: Does FDA approval of a drug for a new use forestall the expiration of the drug’s patent for an old use? Wellbutrin XL has been approved for major depression for a while. Its patent is up some time this year. It has recently been approved so that it can be marketed for seasonal affective disorder (SAD). Does that mean that a new patent is issued?

A: New patents are not automatically issued. In order to receive a patent you must file a patent application. A patent is only issued after a lengthy and in-depth examination, during which time you have the opportunity to respond to rejections from the patent office.

A patent’s term is unaffected by FDA approval allowing an already existing drug to be marketed for a different illness. The patent term for a drug is 20 years from filing or 17 years from grant, depending on when it was filed (with few exceptions, see 21 CFR 60, 35 USC 156).

[Read more...]

Filed Under: General, Laws and Rules, MPEP, Patents, Q & A

USPTO To Hold Live On-Line Chat for Independent Inventors

02/21/2006 By patentauthority Leave a Comment

Senior officials of the United States Patent and Trademark Office will be available live on-line on Wednesday, February 22, from 2 to 3 pm (ET). They will be answering questions and offering tips for independent inventors. Instructions for taking part in the on-line chat will be posted on the home page of the USPTO website at 10:30 am (ET) on Wednesday. Inventors can begin logging on at 1:30 pm.

Links: transcripts and index from previous on-line chats.

Filed Under: General, Notices, Patents, Q & A, Resources

Can I patent a new version of an existing product?

01/09/2006 By patentauthority 1 Comment

Q: Can I patent features of a new version of an existing product? The new product performs the same function as the original product, but it looks and operates completely differently.

A: Improvements to existing products may be patentable if they are new, useful, and non-obvious. This is true even if the improved product retains the same basic function as the original, but the way it accomplishes that function has changed.

For example, an electronic device such as an mp3 player, or an iPod, may be improved so that it has a longer battery life, uses memory more efficiently, or can be manufactured more economically. The same basic function is the same – the device plays music – but the improvements provide advantages over the original design.

If the look of a product has changed, a patent can be filed that covers the appearance of the product; this is called a design patent.
[Read more...]

Filed Under: General, Patents, Q & A

What are maintenance fees?

10/14/2005 By patentauthority Leave a Comment

After your utility patent is granted, you must pay fees in order for the patent to remain in force. These “maintenance fees” must be paid 3.5 years, 7.5 years, and 11.5 years after the patent is granted. The patent office offers a six month grace period so fees may be paid, with a surcharge, by the 4th, 8th, or 12th year after grant. Failure to pay the fees will result in the patent expiring. After expiration, however, you may petition the Director of the United States Patent and Trademark Office to accept a late maintenance fee and reinstate your patent. This may be done at any time if the delay was unavoidable. If the delay was unintentional, the petition must be filed within two years of the expiration of the grace period. In either case, the petition must include the required maintenance fee, a surcharge, and an appropriate statement that the delay was unavoidable or unintentional. If the petition is refused, you may file another petition for reconsideration within two month of the refusal. There are no maintenance fees due for plant or design patents.

Filed Under: Laws and Rules, MPEP, Patents, Q & A

USPTO on-line chat and inventor resources

09/20/2005 By patentauthority Leave a Comment

The US Patent and Trademark Office occasionally conducts live on-line chats to answer questions and offer tips to independent inventors. Inventors may also find useful information on the USPTO Inventor Resources page.

Links: transcripts of chats, index of chat topics.

Filed Under: General, Patents, Q & A

Should I ask my patent attorney to sign a non-disclosure agreement?

05/12/2005 By patentauthority Leave a Comment

You can ask, but it is most often not necessary. Patent attorneys deal with confidential information all day long and must preserve the confidences and secrets of a client.

Filed Under: Laws and Rules, Patents, Q & A

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