What is a Business Patent

What is a Business Patent?

Denver Patent Attorney Mark Trenner answers the question – what is a business patent? Learn whether it is possible to apply for a business patent in this patent attorney video.

A business patent is a misnomer. There is no such thing as a business patent. Usually when people ask about a business patent, they are asking about a business method patent. A business method patent protects a method or way of doing something related to a business. Can you get a patent for a business method?

It is difficult to get a business patent.

Business method patents were popular in the late 1990’s when the Internet first started to become a big deal. Businesses were putting things online that had been done for years and years and then claiming it was a new and unique idea because it could be done online. For example, many businesses were putting forms or applications (car insurance applications, and other types of registrations) online and calling it new because it had never been put on the Internet.

This gave business patents a bad reputation.

And rightfully so. Patents are intended to protect new and unique ideas. Simply taking a paper form and putting it online is not new and unique. So following a series of court decisions (including the U.S. Supreme Court weighing in on several occasions), these types of patents have largely been invalidated. The practice of applying for patents for these types of “inventions” has gone away for the most part.

Does this mean you cannot apply for a business patent?

Of course not. You can apply for a business method patent. The US Patent Office has an entire Technology Center dedicated to business method patents. Again, we go back to the fundamentals of patent law. If you have a new method (even a business method), talk to a patent attorney. Discuss the specifics of your invention. You may still have a good faith basis for applying for a patent for your invention.

Talk to a Patent Attorney

 

Learn more about patents with our patent attorney videos. Remember, the video is just general information. Always speak with a licensed patent attorney to avoid losing important legal rights to your invention. Check out our Online Patent Law Firm if you would like to find out if you can work with patent attorney Mark Trenner.

Patent Attorney Video – Patent Application Requirements

What are the requirements of a patent application?

Denver Patent Attorney Mark Trenner discusses one of the most common questions inventors ask. In this video, learn some of the basic patent application requirements.

I’m not going to answer this question for you because I want every inventor to go out and file their own patent application. Just like you shouldn’t rely entirely on your own patent search. As a patent attorney, I would never advise that an inventor file their own patent application. There are just too many mistakes that an inventor could make that may result in the patent application being invalid and some or all rights to the invention being lost.

You may not get a patent to issue if you write your own patent application

Instead, I want you to know what a patent attorney can do for you.

The Basic Patent Application Requirements

A patent application has a specification and drawings. Here are the parts, form, and content of a patent application required by the US Patent Office. The specification should be specific AND broad. The specification will have:

  1. a brief background of the technical field;
  2. a description of the drawings;
  3. a detailed description of the invention with specific reference to the drawings; and
  4. at least one claim.

The claims are important – they define the invention.

The patent application claims define the invention

Claims set forth the inventor’s the property right. That’s what the Patent Examiner will be looking at most closely. If a patent issues, the claim will define what only the patent owner can make, use, and sell. Anyone else would need a license – or be infringing the patent claim.

Learn more about patents with our patent attorney videos. Remember, the video is just general information. Always speak with a licensed patent attorney to avoid losing important legal rights to your invention.

When to file a patent application – Watch The Video

Patent Attorney Video: When To File A Patent Application?

“When to file a patent application?”Watch the video to learn more.

The “old” patent law was a first-to-invent patent filing system. Here’s an example. I made my invention today and did not file a patent application right away, and another inventor came up with the same idea tomorrow or even 6 months later. They didn’t steal my idea. They came up with that invention on their own. Let’s say they filed a patent application before me, I would still have priority at the Patent Office because I invented first. So when to file a patent application was not as important under the old law.

But that all went away in 2013.

Now the US Patent Law is a “First-To-File” system.

So get that out of your head. It is no longer enough to simply write down your invention and mail it to yourself (aka “a poor man’s patent“) to preserve the postmark as the date of your invention. It does not matter if you invented first. It does not matter if you invented 1 day or 10 years before someone else if they file their patent application before you. All that will matter is who files their patent application with the US Patent Office first.

Want to learn more? Read more about the new patent law here. Or watch our patent attorney video.

When to file a patent application?

The answer is as soon as possible under the new patent law. If you delay, someone else may file before you, and then whoever filed their patent application first would have priority to the patent application. In short, talk to a patent attorney as soon as possible and get that all-important filing date at the US PTO.

 

I hope this answers your question. Remember, the information in this video is only intended as general information and is NOT LEGAL ADVICE.

Your Own Patent Search – Patent Attorney Video

In this video, I am going to answer the question: Should you do your own patent search?

Doing your own Patent Search (aka – Prior Art Search)

Read the transcript.

Can an inventor do his or her own patent search? The answer is yes. You can do your own patent search. In fact, it is often a good idea to do your own patent search. Find out if your product already exists. Look on Amazon.com and other online retailers. You can use your favorite search engine (Google, Bing, or Yahoo) to search for your invention.

You search Google Patents for free!

In fact, Google has their own patent search where you can search specifically for issued patents and published patent applications. Disclaimer – I do not endorse Google Patents – information may not be up to date.

You can also do your own patent search on the US Patent Office website

You can also use the free patent search on the US Patent Office website. Here you can search for both issued patents and published patent applications, and this is generally going to be the most up-to-date database. Note, patents are published and issued by the US Patent Office every Tuesday. I believe you can search patents here going back to the first patent issued. The US Patent Office started publishing patent applications in March 2001.

There are also some paid databases for searching patents. You can also visit the US Patent Office in person and search their library of issued patents and published patent applications.

And don’t forget to search foreign databases. Most Patent Offices publish patent applications and issued patents, and most of these are available on free databases.

Should you do your own patent search?

It depends on your comfort level with your ability to use online databases and search on your own. Which database should you use? You may want to search more than one database.

Can you make a decision whether to file a patent application based only on your own patent search? I suggest at least talking to a patent attorney before making a decision to file a patent application. Even if your product seems to already be on the market, there may still be the possibility of filing a patent application.

A patent attorney should always interpret the search results – even the results of your own search. What if you find something and you think it’s too close to your invention? You may still be able to apply for a patent. You may be able to apply for narrow protection for a particular aspect of the invention.

I typically recommend that my clients do a professional patent search. Learn when to do a prior art search in this video. A patent attorney has the resources to do a patent search quickly, efficiently, effectively, and be able to interpret the references for you and give an opinion whether to file a patent application for an invention.

Be sure to discuss a professional patent search with your patent attorney.

Watch more patent attorney videos.

Denver Patent Attorney Video Series – Prior Art Search

Today I’m going to answer the question – When should a prior art search be conducted?

Patent Attorney Video Series – Question 9

Read the transcript.

When should an Inventor do a prior art search?

 

A prior art search is not required. That is, even if you do a prior art search, and you cite any references you find to the Patent Office for the Examiner to consider (this is required by law!), the Examiner will still do their own search for your invention.

So a prior art search is not required. Is it recommended? Yes – I usually recommend a prior art search. But there are times I don’t recommend a prior art search (or at least I recommend that my client file a patent application before doing a prior art search). For example, if there is a pending bar date.

I talked about bar dates in another one of my other videos, so I won’t waste time talking about that again here. But if you’re up against a bar date, you’ll need to contact a patent attorney immediately and get your patent application filed as soon as possible before it’s too late! Get in to see a patent attorney right away. When you call them to make an appointment, tell them that you’re up against a bar date, and ask for them to get you in as soon as possible – before it’s too late! (I can’t emphasize this enough).

If you’re up against a bar date, for example, if the bar date is in 2 weeks, you don’t want to waste your time doing a patent search. Chances are, getting the results back is just going to eat up that time, and then it’s going to be too late. Then it won’t matter what the results of the patent search are, because if you’re up against the bar date, you’ll be out of luck if you go past that.

In those situations, I’ll often say not to bother with the patent search (at least not right away). Instead, get that patent application (at least a provisional patent application) filed to lock down that filing date.

So when should an inventor do a prior art search? Just about any time before making an investment in the patent process. The patent process is expensive. You don’t want to waste money filing patent applications on things that are already out there.

I usually recommend my clients do a patent search, get the results, and then make a better decision. It may also help your patent attorney write a better and stronger patent application.

You may want to file at least a provisional patent application first.

It’s not only bar dates you need to be concerned with. Remember the new patent law is a “First-To-File” system – see my video on the new patent law and how it affects inventor rights. Or read this article.

If you file a provisional patent application, then you can do a prior art search. You have 12 months after filing the provisional patent application to file a full utility patent application. So maybe 6 or 8 months after filing the provisional patent application is a good time to do a prior art search. That helps you decide whether to move forward with the full utility patent application.

In summary, a prior art search is not required. It is generally a good idea to do a prior art search. But the timing of the prior art search is what’s important. There may be times when it’s just not feasible to do a prior art search before filing a patent application. Be sure to discuss your matter with a registered patent attorney to help you determine when it is best to do a prior art search.

I hope this answers your question.  Remember, it is important to work with an attorney to file a patent application with the US PTO within the time limits set by the Patent law, or you may lose the right to patent your invention.

Patent Attorney Video – What is a Provisional Patent Application?

In this video, I am going to answer the question: What is a provisional patent application?

Provisional Patent Application

Read the transcript.

A provisional patent application is a patent application. It just doesn’t have all the formal requirements of a regular utility application. That is, the provisional application does not require claims. It doesn’t require an abstract. It doesn’t even require drawings. But of course, you should have drawings.

See the content requirements for a provisional and nonprovisional patent application.

When I write a provisional patent application, it is going to have claims, and it is going to have drawings. But the drawings aren’t the formal patent drawings. You don’t need to have drawings with all the reference numbers like you see in issued patents. The drawings can be sketches. In fact, a lot of the time I include photographs, especially if the inventor has a prototype or actual product of the invention. As the saying goes, a picture (or photograph) speaks a thousand words.

A provisional patent application is good in a lot of different situations.

For example, if you don’t have a big budget, a provisional application can be prepared inexpensively, especially compared to a full utility patent application. And that’s because a provisional application does not have all the formal requirements (e.g., the formal drawings and reference numbers).

A provisional patent application can also be prepared faster than a full utility patent application. For example, you don’t have to get the patent draftsman involved to prepare formal drawings or meet other formal requirements. And you don’t have to include claims (although I typically do).

Can you file your own provisional patent application?

You can, but should not. Work with an experienced patent attorney. A patent attorney can help draft a much better, stronger provisional application. Because if you forget something – leave out an important feature – it’s not protected. The provisional application only covers that which is included in the specification and drawings. If you write too narrowly, or don’t sufficiently broaden the description of the invention, you can lose important legal rights to the invention. A patent attorney can help with all of this.

Be sure to ask your patent attorney if a provisional patent application is right for you.

Watch more patent attorney videos.

Denver Patent Attorney Video Series – Statutory Bar

Today I’m going to answer your question – What is a statutory bar under the U.S. Patent Law?

Patent Attorney Video Series – Question 7

Read the transcript.

What is a Statutory Bar?

What is a bar, or a bar date? No, we’re not talking about “go to the bar and have a drink.” We’re talking about statutory bars. Statutory bars are defined by the United States Code (USC – or the “Patent Law”). The law says you have to file a patent application within one year of a “bar event.” What is a bar event? Public disclosure, public use, sale or even an offer for sale, or a publication of an invention.

What is a “publication?” You might be thinking that I don’t publish a magazine, therefore I’m not a publisher. But if you put it out there on Facebook or YouTube. That would be considered a publication under the patent law.

If you have already published your invention, you may not have lost your rights yet. But you do need to file a patent application right away – within 1 year of the first public disclosure or publication of your invention. And you don’t want to wait until the end of that one year to contact a patent attorney.

For example, if I had publicly disclosed my invention in January 2015, I don’t want to wait until December 2015 to start thinking of filing a patent application. No, I would want to talk to a patent attorney as soon as possible because they will need time to prepare and file a patent application for you.

A patent attorney can help determine whether your invention is subject to a statutory bar.

If you don’t file a patent application in time – your invention may be considered public domain. That means anyone can use the invention and they don’t owe you thing. If you apply for a patent, the Patent Office may deny your application because you let it “sit out there” for too long.

I just want to touch on this, because this was the case under the “old” patent law – and under the “new” patent law that took effect in 2013. But what’s worse, under the new patent law it is now “first-to-file.” That means that if someone else files even one day before you, they will get the patent for the invention. So it is even more important now to file a patent application with the US Patent Office as soon as possible.

Don’t wait! If you’ve already publicly disclosed, published, sold or offered your invention for sale, contact a patent attorney as soon as possible to evaluate your particular scenario and determine whether you still have rights to patent your invention.

I hope this answers your question. Remember, it is important to work with an attorney to file a patent application with the US PTO within the time limits set by the Patent law, or you may lose the right to patent your invention.

Patent Attorney Video – What is the Poor Man Patent?

In this video, I am going to answer the question: Will a Poor Man Patent (that is, mailing a description of my invention to myself) preserve legal rights to my invention?

What is a Poor Man Patent?

Read the transcript.

The so-called Poor Man patent application is something that came about under the old patent law – the law that existed prior to March 2013. In March 2013, the new law took effect. Under the old law, you could think of an idea (or “invent first”), write it down, file your patent application after someone else filed for the same idea, and if you have evidence to prove that you invented before they did, the Patent Office might give you the patent even though someone else filed their application for the same invention before you filed your patent application. That’s why people would sometimes mail themselves a copy – to have a letter dated by the Post Office showing when they had actually invented.

But let’s not even go there, because the law changed in 2013. That evidence is worthless under the new law.

Now the law says that the United States is a First-To-File system. That means that even if you think of an idea first, if someone else thinks of the same idea after you and files their patent application before you file, then the Patent Office is going to give them the patent. So filing this Poor Man patent application is not going to be worth anything. Because even if you can prove that you invented first, the Patent Office doesn’t care. All that matters is who filed their patent application first.

What to do on a tight budget?

So as a patent attorney who works with individuals and small businesses, I understand that you may not have a huge budget. But you have to go beyond the “mailing an invention” to yourself if you want to preserve rights to your invention. You have to actually file an application at the United States Patent Office.

Can I file a Provisional Patent Application?

Yes. You can effect a proper filing with the US Patent and Trademark Office (PTO), even on a budget, by filing what is called a Provisional Patent Application. Now a Provisional Application gives you the same filing date as a regular utility application, and that’s what counts under the new patent law.

More importantly for budget-conscious inventors, the provisional patent application can usually be prepared fairly quickly, and can often be filed inexpensively (relative to a full utility application), and especially if you work with a patent attorney who understands provisional applications and how to file strategically to help individual inventors, smaller businesses and entrepreneurs who might have a limited budget.

I hope this answers your question. Remember, mailing a description of the invention to yourself will not preserve your patent rights – you must work with an attorney to file a patent application with the US PTO.

Will a Patent for my Invention make me rich?

Will an invention make money? Watch this video to find out.

Invention Video – “Will my patent make me a millionaire?”

Read the transcript.

Just filing a patent application is not going to make you a millionaire overnight. Just having an idea – even having built something – is not going to make you a millionaire overnight.

People come to me all the time and they say “if I file this patent application – I’m going to get rich.” Well you might. But you might not. It most likely won’t be just because you filed a patent application. Just because you have a patent issued, your phone is not going to start ringing with companies asking to buy rights to your product. It might, but that’s rare. Right now, I think there are close to 9 million patents that have been issued by the US Patent Office, and a lot of those were never even made, never saw the store shelves, and never made anybody rich.

I don’t want to discourage you from pursuing your idea or getting a patent. I think it’s great that people are innovative coming up with new ideas. That’s why I always see new products on the store shelves.

Take a look at this article about nine (9) patents that earned millions for the inventors.

But sometimes, products are a complete flop. At least those are in the store.

Just filing a patent application for an invention is not a marketing strategy.

Filing a patent application is a way to protect the invention – not a marketing strategy.

A patent can protect an invention, so that once the product hits the marketplace, no one else can make, use, or sell the invention without coming to the patent owner for a license.

Another common, and related question I get is “can you help me sell my idea, or take my idea to companies?” The answer is no. Maybe some patent attorneys can, or maybe some patent law firms work with marketing agencies that can help sell a patented invention. My law firm does not buy or sell patents. Most patent attorneys do not sell inventions. Most patent attorneys are good at what they do, and that’s writing patent applications and working with the Patent Office Examiner to get the patent to issue. We work with innovators to help prepare, write, and file patent applications. But we don’t pick up the phone and try to find buyers or companies interested in the invention. It’s going to be up to you. Or you’ll want to work with a marketing expert or business person (or investor) to take your product to market.

Just the other day I was visiting with a client of mine that has 3 patent applications filed already. and their hoping to file more patent applications. They have several million dollars invested in the product. But the product still isn’t ready for the mainstream manufacture, and the sales that they do have don’t even come close to their initial investment. This is a start up company that is putting a lot of money into it. They have a lot of financial backing. They’re getting investors. They’ve been working on this for several years. They filed several patent applications. Did their patents make them rich? No – not yet at least. Maybe someday. Even they say, this may or may not work.

I hope this answers your question – will your invention make you rich? Maybe. Maybe not.

How does First To File patent law affect inventors and small business?

The US Patent Law changed in 2013 to a “First To File” – how will this affect inventors and small business? Watch this video to find out.

The “First To File” Patent Law and what inventors and small businesses need to know

Read the transcript.

Today I’m going to talk about the “New” Patent Law. Now when I say “New” patent law, this patent law actually took effect back in 2013. But by patent law standard which have hardly changed over the past 200 years, this still qualifies as a “new” patent law.

Read more about changes to the patent law on the US PTO website.

Why should you care about the “First To File” patent law?

You don’t want to read about patent laws, right? You have an invention and just want to file a patent application. Well, there are a couple of reasons you need to know about this patent law, and how it affects you, and how it could even prevent you from getting a patent.

The most important provision under this patent law is what’s called the “First To File” provisions. It used to always be that the United States was a “First To Invent” patent system. That meant that if you invented something today, and somebody else invented the same thing a month from now, even if that person filed their patent application before you, you could go to the Patent Office and tell them you invented first and that you should be entitled to the patent, that opportunity existed.

But that’s all changed now.

“First To Invent” no longer applies to new patent applications.

So if you think you’re just going to do the “Poor Man’s Patent Application” – where you think of an invention, write it down and mail it to yourself – that won’t work any more.  Everyone is under the new patent law now.

If you think of an idea first, but someone else files before you – even by one day – you’re out of luck. Whoever files first is the one that gets the patent. Now that may seem unfair – can’t big companies file patent applications every day? Yes, they can. Can you do that? Probably not unless you have a huge budget.

What can you do? Talk to a patent attorney as soon as possible. There are options available for you – including filing a provisional patent application as quickly as possible to lock in  your filing date. File as soon as you have an invention that’s worth patenting.

Does the provisional patent application count under the “First To File” patent law? Yes, and you may want to consider this. You can even file more than one provisional patent application.

I hope that this answered the question “What changes in the patent law mean for inventors and small business?”