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Preview: Patent It Yourself--Updates

Patent It Yourself--Updates

Updates for the best-selling book, Patent It Yourself

Updated: 2014-10-04T22:25:59.896-07:00


Updates To Patent It Yourself (12th & 11th eds.)


PATENT IT YOURSELF (12TH ED.—2006 OCT.)UPDATES TO ARRANGED BY DATE POSTED(Updates to the 11th ed. are typed after the updates to the 12th.)----------2006 Oct 1:----------Ch. 13, Sec. E.2: Error In Withdrawn Claim Typing Instructions--p. 358, Col. 2, 4th line, change “and is not” to –but since it is still pending it must be--.----------2006 Oct 1:----------Ch. 10: PTO Radically Changes Petition To Make Special Program--p. 283: Note the following, which radically changes the Petition To Make Special program:The Petition To Make Special (PTMS) program, described in Sec. P beginning on p 283, has been almost completely changed. The only parts left intact are Petitions To Make Special based on Health or Age; all other petitions must be made under a new Accelerated Examination Program (AEP).If you want to make your application special based upon your health or age, Sec. P of Ch. 13 is still valid and you may file a petition using this section and Form 10-9.If you want to make your application special based upon any other reason whatsoever, including those that are mentioned in Sec. P, or any other reason, you must use the new AEP. However the AEP is extremely difficult and very time-consuming to implement. To follow this program you must file a PTMS Under AEP (PTMSUAEP) at the time of filing your application and you must file the application electronically using EFS-Web. The PTMSUAEP is Form SB28, available on the EFS web site (www.USPTO.Gov/ebc, then File/EFS-Web Unregistered eFilers, then Electronic Filing, then efiling Forms). The PTO estimates that form SB28 will take 12 hours to complete!You must first make a search, then prepare an Information Disclosure Statement citing the references in the search. you must also identify the limitations of the claims that are disclosed in the references, how the claims are patentable over the references, discuss the utility of the invention, list references that may be disqualified as references because they came from the same organization (see 35 USC 103(c)), state where each limitation of the claims finds support in the specification, detail the search that was made, including where it was made, and state the reason for accelerated examination.The application may not have over three independent and 20 total claims and must claim one invention only. The fee for the PTMSUAEP is $130 and is in addition to the EFS-Web filing fee of $425.In return, the PTO will endeavor to process your entire application to patent in less than 12 months.For more information, see the Notice in the Official Gazette of 2006 July 18. The PTO has provided samples of Request For Expedited Examination at you've already filed, it's too late to file a PTMSUAEP in your pending application, but you can circumvent this restriction by filing a continuation application and filing the PTMSUAEP in the continuation.Warning:Unless absolutely necessary, I strongly advise you not to file a PTMSUAEP since it forces you to make very restrictive statements and admissions that could severely cripple any patent that you get if you ever need to use it in licensing or in court. (Ch. 10:Sec. P.)----------2006 Nov 12:----------Ch. 6: How To Use A Lawyer--p. 121:Add the following sidebar:--How To Use A LawyerI have seen many instances where inventors have used a patent lawyer or agent (hereafter practitioner) to handle their patent application and have been very disappointed:they may be left bereft of any knowledge of the status of their application, feel gypped, and/or be left with an abandoned application without good cause, among other things. If you do use a practitioner to handle your patent work, below are some things to do to make sure these misfortunes don’t happen to you.1. Before using a practitioner at any stage of the process, please read PIY or the appropriate parts; it can be invaluable to explain the procedures and law, to make the best use of the practitioner, and to save practitioner fees and the practitioner’s expensive time.2. Make sure the practitioner sen[...]