Patent Pending in One Hour…
Without Paying an Attorney
by Andrew Knight, J.D.
First Published by
InventorSpot.com
Patent rights begin when a patent issues on an invention, and the
only way to get a patent is to file a nonprovisional patent
application. However, as many of you know, you can file a
“placemarker” application that elevates your invention to the
status of “patent pending,” and gives you one full year in which
to pursue a nonprovisional patent application without losing
rights to the invention. Such an application, called a
provisional patent application, can be written by an inventor, but
only after proper instruction and practice. There are many
resources on writing one’s own provisional application, including
my free video course, Do-It-Yourself Provisional Patent™,
David Pressman’s Patent It Yourself, PatentEase™ software
by InventorPrise, Inc., PatentPro™ software by Kernel Creations,
Ltd., PatentWizard™ software by Neustel Software, Inc., and The
Patent Writer by Bob DeMatteis, Andy Gibbs, and Michael
Neustel.
Do not be fooled by claims that you can get your invention “patent
pending” by registering for a copyright, filing with the Writer’s
Guild, sending yourself a description of the invention in a “poor
man’s patent,” or any other method. The ONLY way to get your
invention patent pending is by filing a provisional or
nonprovisional patent application with the U.S. Patent and
Trademark Office.
If you are in a hurry to get your invention “patent pending,” I
recommend that you use one of the aforementioned resources to
write and submit a provisional patent application as soon as
possible. With diligent effort, your invention can be patent
pending tomorrow.
In very rare cases, you cannot wait until tomorrow, such as:
·
Your invention was published or publicly used or on
sale today, and you want to maintain foreign filing rights
(i.e., the right to file a patent application on your invention in
countries other than the U.S.).
·
Your invention was published or publicly used or on
sale exactly 1 year ago today, and you need to file a
patent application so that you can maintain the right to patent
your invention in the U.S. In some cases, even a limited offering
to a small group of potential buyers may be considered “publicly
on sale” that will start the clock ticking.
·
Alternatively, you may prefer to file a patent
application immediately because you want to disclose your
invention to others as soon as possible. In the U.S., you are not
required to file a patent application when you disclose your
invention to others, and you will still have up to one year after
a publication or public use or offer to file a patent application
without losing rights to the invention. However, many inventors
fear disclosing their inventions without being “patent pending.”
If any of the above conditions applies to you, we recommend the
following actions to get your invention patent pending today
(assuming a U.S. post office is still open, or you are in driving
distance of the U.S. Patent and Trademark Office, which accepts
applications in person until midnight):
STEP 1. Compile all information about your
invention that you are planning to disclose (or already
did disclose). This may include an article submission to a
magazine or journal, a solicitation to a company or competitor, a
brochure created for a trade show, drawings, written descriptions,
and so forth. If you have already placed your invention on sale,
you should include drawings, photographs, specifications, and
descriptions. Make a copy of it all. The written portions should
be put together into numbered pages, and these will be called the
“specification.” The drawings, figures, and photographs should be
put together into numbered pages and these will be called the
“drawings.”
STEP 2. Fill out the Provisional Application for Patent
Cover Sheet, available at the U.S. Patent and Trademark Office
website by clicking
here.
·
List the full name and residence of ALL inventors.
·
Create a title for your invention.
·
Write your correspondence address.
·
Check “Drawings” (if any) and enter the number of
pages.
·
Check “Specification” and enter the number of pages.
·
Check “Applicant claims small entity status” if the
inventors own the invention, or if the invention is owned by a
small business concern having not more than 500 employees.
·
Check “A check or money order is enclosed.”
·
Enter $105 in “Total Fee Amount” (assuming the total
application is not more than 100 sheets of paper, otherwise the
fees are additional).
·
Check “No” if the invention was not made by or under
contract with an agency of the U.S. government.
·
Sign the form and write your name and telephone
number and the date.
·
Copy the completed form.
STEP 3. Place the specification and drawings, the
Provisional Application for Patent Cover Sheet, and a check for
$105 made out to Commissioner for Patents in an envelope. Send it
by EXPRESS MAIL (Addressee to Addressee) to:
Commissioner for Patents
P.O.Box 1450
Alexandria, VA 22313-1450
Do not send by regular mail, Priority Mail, UPS, DHL, FedEx,
etc. To get today’s filing date, you must send the
application by the U.S. Post Office’s EXPRESS MAIL.
STEP 4. Immediately contact a highly competent,
experienced Registered Patent Agent or Attorney to write and
submit a nonprovisional patent application on your invention,
claiming priority to your submitted provisional application. If
you cannot afford this option, proceed to use one of the
aforementioned resources to write and submit your own full
nonprovisional patent application within a week, if possible.
Nothing to Lose
For
less than the price of one hour with a patent attorney, you can
gain the tools you need to draft and file your own nonprovisional
patent application on your invention. Why spend $3,500 to $10,000
to hire someone else to write a patent application when you can
do it yourself with Do-It-Yourself Patent Course™?
Patent attorneys like to complicate the process to justify billing
rates that range from $150 to over $500 per hour. Do-It-Yourself
Patent Course™ eliminates
the complexities, clarifies the
confusing jargon, and streamlines the process to allow any inventor
to write and submit a patent application.
Do-It-Yourself Patent Course™ --
-
Taught by Andrew
Knight, J.D., a patent expert, inventor, university instructor,
and experienced Registered Patent Agent.
-
Includes an
11-hour instructional course teaching you, step-by-step, how to write a
complete, nonprovisional patent application on your invention.
-
Includes
course
materials with real-life examples, an
8-page Quick Start Guide,
and free Priority shipping.
-
Includes a
60-day
Better-Than-Money-Back Guarantee if you aren’t completely
satisfied.
-
All this for only
$199.
Take the next step now and learn to write and file a patent application on your invention without paying
high priced attorneys.
