OK.. You can NOT select your patent examiner…

Guys and gals… Did you know that some patent examiners PRIDE themselves in NEVER allowing patents? And others LOVE to allow patents? And.. you can NOT select your examiner.. To learn more about how this works look at the study from the Stanford Technology Law Review read on.

It is disturbing to say the least…

My PERSONAL experience jives with the non-signatory “newbie examiners” are the absolute WORST.. It is BEST to ask for the supervisor in that case but you have to be VERY careful not to insult anyone.. Egos are even strong in the USPTO… They are just a bunch of people like us by golly!

From: Patent Law Blog (Patently-O)

Apr 26, 2012

Guest Post by Dr. Shine Tu: Luck/Unluck of the Draw: An Emprical Study of Examiner Allowance Rates

Dr. Shine Tu is an Associate Professor of Law at the West Virginia University College of law.  For the past year, Dr. Tu, a former patent attorney with Foley & Lardner, has conducted a massive empirical examination of patent prosecution.  Massive, in the sense that Dr. Tu and his assistants examined the prosecution behavior of every patent issued in the last ten years.  In Luck/Unluck of the Draw: An Empricial Study of Examiner Allowance Rates, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1939508 and forthcoming in the Stanford Technology Law Review, Dr. Tu discusses some of the findings from his study. – Jason

Luck/Unluck of the Draw: An Emprical Study of Examiner Allowance Rates

Dr. Shine Tu

One of the greatest banes of a patent applicant is the examiner who will not allow an application that should be allowable.  During a trip to the PTO for an Examiner interview, I passed by the office of Examiner X with a sign that stated “0% allowance rate ☺ [ed.: smiley face].”  Evidently, the smiley face was inserted to add insult to injury.  I asked the examiner that I was with if Examiner X really had a 0% allowance rate, and she said “yes.”  (I later verified that this was correct)  I asked why this was the case, and she stated, “some examiners believe an allowance is an affront to their being.”  Of course, our patent system would be a complete failure if the ability to get a patent was solely determined by which examiner you were lucky/unlucky enough to draw.

In an attempt to determine the extent of this behavior, I set out to comprehensively study allowance rates of specific examiners by art unit, technology center and the PTO as a whole.  To be as comprehensive as possible, I coded over 1.5 million patents in an attempt to code every patent ever issued in the last 10 years (from January 2001-July 2011).

The results of this study were surprising.  I found two interesting populations of examiners.  First, I found a significant population of examiners who on average, issue a disproportionately small number of patents per year (low allowance rate examiners).  Second, I found a small but significant population of examiners, who on average, issue a disproportionately large number of patents per year (high allowance rate examiners).

The first population of low allowance rate examiners consist mainly of secondary examiners (junior examiner usually with less than 5 years of experience and no signatory authority).  These examiners, on average, issue a very small number of patents per year (less than 5 patents per year).   For example, between 2002-2011 in technology center 3700, approximately 17% (306 examiners) of the examiners issued less than 0.35% (823 patents) of the patents in this art unit.  Accordingly, these low allowance rate examiners issued approximately 2.7 patents per examiner.

In contrast, I found a second population of high allowance rate examiners that consist mainly of primary examiners (senior examiners usually with more than 5 years of experience and full signatory authority).  These examiners, on average, issue a high number of patents per year (more than 50 patents per year).  For example, between 2002-2011 in technology center 3700, approximately 12% (215 examiners) of the examiners issued approximately 51% (120,822 patents) of the patents in this art unit.  Accordingly, these high allowance rate examiners issued approximately 561.9 patents per examiner.

There are many good reasons why an application should not be allowed.  However, one reason that should not play a role is an uneven / inconsistent application of patentability rules.  Examiners should be consistent in the way they apply patentability rules within their own docket.  Additionally, examiners should be consistent in the way they apply patentability rules compared to examiners within their art unit.  This study suggests that examiners even within the same art unit may be applying the rules of patentability in an inconsistent manner.

There are many limitations with this study.  First, I note that there is no ideal allowance rate.  Second, I note that this is only descriptive data.  Finally, I note that I focus only on issued patents.  I could not obtain data related to the total number of filed applications for each art unit, thus I cannot calculate the percentage allowance rate per art unit (because I do not have a denominator of “filed applications”).  This is a significant limitation because all of these results are limited by the “denominator” problem.

Additionally, it is possible both populations of examiners are doing an outstanding job.  That is, it is possible that the low volume examiners are simply getting harder cases (but I am skeptical of this explanation).   Additionally, it is possible that the low volume examiners are “doing a more thorough job” since they are mainly secondary examiners and thus have more time to spend per application for review and detailed analysis.  Furthermore, it is possible that high volume examiners are doing an adequate job because they are simply more experienced and not only know the field better, but know how to quickly make “good” rejections.  In order to obtain some substantive answers to overcome these limitations, I am currently reviewing a sample of prosecution histories to determine if these two populations of examiners truly are applying the patentability rules in an inconsistent manner.

A full draft of “Luck/Unluck of the Draw: An Empirical Study of Examiner Allowance Rates” is available on SSRN at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1939508 and is forthcoming in the Stanford Technology Law Review.

Why Patent Attorneys Hate the Provisional Patent Application

Why Patent Attorneys Hate the Provisional Patent Application.. ANSWER: They do not make much money when they file them for you. They will almost ALWAYS tell you that you should file a non-provisional patent application. Let me show you why they should NOT tell you this… And why you should not deal with those who make such claims.. Find another attorney IMMEDIATELY!

I am here to tell you that those attorneys who make those claims are un-scrupulous and should be more honest. However, there ARE super smart attorneys who will COMPLETELY support you for a very fair price to file a provisional patent application. The reason.. If they help you with your provisional patent application and they charge you a fair price they know that you will surely COME BACK to them when you are ready to file your non-provisional patent application! No brainer, right? This is one reason Why Patent Attorneys Hate the Provisional Patent Application.

The un scrupulous attorneys will likely say a provisional patent application worthless is because in order for a patent application to be useful it must be complete at the time of filing.  Well duh! The MAIN reason they do not like provisional patent applications is that they can not justify their high fees on an application that only costs $125 to file and that the provisional patent application offers ZERO dollars to the attorney because there are no “office actions” that make them the bulk of their money. Trust me, Congress WANTS you to patent your idea because if you make a million dollars on it THEY will collect TAX from YOU. The provisional patent application is an extraordinary choice for you if funds are of concern and you are of the mind that you can find a partner within one year.

Also, your provisional patent application is the first part of your journey to a non-provisional patent application.  As such,  you must describe your inventive idea so that one “skilled in the art”  or someone familiar with the technology (as well as a fifth grader) could both make and use the invention having only read YOUR provisional patent application. Please note that your provisional patent application is NOT public, so nobody else can ever read it! However, if they were given a chance to read it they should be able make it and use it.  In other words, your provisional patent application must explain your invention with as much detail as possible and even with the level of detail and explanation that would be included in an extraordinary instruction manual that describes both the use and exactly how to make your inventive idea. Your drawings do NOT have to be professional. They could be scribble sketches. As long as someone could use them to figure out your inventive idea your sketches are sufficient. It does NOT hurt to have beautiful sketches though! Heck, go to your local High School and ask the art teacher who the best artist for line drawings is and give the kid a gift card to McDonalds to draw your drawings for you!

This level of detail is EXACTLY what is required in a non provisional patent application, so when an attorney tells you to file a non-provisional patent application because of these reasons just be aware that the EXACT same reasons hold for a non-provisional patent application. You can NOT add “new matter” to a provisional patent application as well as you can NOT add “new matter” to a provisional patent application. Attorneys will “trick” you telling you they are different, they are different in that the provisional is MUCH LESS formal and as such you have the latitude to explain MORE than you EVER would in a non-provisional patent application. This has EXTRAORDINARY benefits when it comes time to convert.

Please understand that any attorney worth his salt will be able to write both a provisional or a non provisional very quickly and not have to suffer many “Office Actions” However, the fact of the matter is just about EVERY attorney relies on these “Office Actions” for the bulk of their billing income. The number of “Office Actions” are a measure of how often the “teacher” (the USPTO) corrects “your” (your attorney) paper for spelling and syntax errors. Do you believe that an EXTRAORDINARY patent attorney knows enough to NOT make spelling and syntax errors? Really… Anyway, attorneys HATE it when I mention this! If you want you can get “file wrappers” for every patent any patent attorney has ever filed. With these you can actually see how “good” an attorney is. A good attorney will always get your “free” 20 claims with the fewest “Office Actions” thereby meaning at the lowest cost to you. Yet another reason Why Patent Attorneys Hate the Provisional Patent Application!

What the provisional patent application provides is it gives you is TIME and it does so at a very low cost. The Provisional patent application allows you one year (there is even a provision to file “missing parts” to extend this to 2 years!) to find a partner and further develop your inventive idea. Frequently, the partner you choose will want to use their own patent attorney to file the non provisional patent application so you actually NEVER have to pay for the expense of a non-provisional patent application.

Anything that is not included in the provisional patent application is not considered to be a part of your invention. Duh!, right? For this reason you will frequently hear patent attorneys tell you that a provisional patent application is helpful ONLY to protect whatever is included in the application . In other words the provisional patent application is only as good as the level of detail you include, which is why you want to not only describe your invention but also any possible alternatives and variations that are known to you at the time of filing. Same with a non-provisional patent application. So if you are ready to file ANY patent and you have a low budget there is ABSOLUTELY no reason to  file a non-provisional patent application. None, period!

When you prepare and file your provisional patent application you must make sure that you cover not only what you have specifically invented, but you must include any and all alterations and variations that you can imagine that may be contemplated by a competitor because if and when you start making money you may see competitors why try to copy your inventive idea. In the “art” this is referred to as the “preferred embodiment” which should include extensive details of the inventive idea. Smart competitors will attempt not to infringe on your inventive rights, which means they will seek to compete as closely and as directly as possible but in a way that they feel does not technically and literally mimic your invention. Variations and alternatives are crucial to any patent application and provisional patent applications are no exception and when you file your provisional patent application you will want to ANTICIPATE what others might do to copy your idea and cover that in your provisional patent application.

It is therefore very important that you include any and all alternatives and variations can be included in your provisional patent application even if they are not ideal or fully developed, and even if they do not work very well or you do not know HOW they will EVER work. This is where inventors frequently make big mistakes. Why would anyone want to do something that may not work or even try to patent something that is not fully developed?

The answer is, drumroll please, there is plenty of money to be made selling inferior products! You want a patent that covers what works best as well as what may work and what may not work because of technology has not caught up with your inventive ideas implementation! The provisional patent application allows you to do this! You CAN NOT cover more than one inventive idea in a non-provisional patent! The ABSOLUTE beauty of a provisional patent application is that it can be viewed as an inexpensive “insurance policy” as well as an extraordinary “defensive document” to anticipate having to deal with “Office Actions”. VERY FEW attorneys will EVER tell you this. In fact, your provisional patent may “spin off” many independent patentable ideas with one single submission! Another reason Why Patent Attorneys Hate the Provisional Patent Application?

You have surely heard that if you were the first to invent the automobile you would want to have your patent cover the Yugo version, the Rolls Royce version and the Ferrari version and everything in between. As such, you  must think of your invention not only as what works best, what may work, what marginally works as well as what may work 12 years from now when the technology catches up!

So, guys and gals.. This is why patent attorneys hate the Provisional Patent Application. As such I suggest that you file your provisional patent application yourself using the Provisional Patent Video Course so that you can learn EXACTLY what you need to file an extraordinary provisional patent application. You should even buy the Provisional Patent Video Course even if you find a great attorney as following the course will save you thousands because you will go to your attorney completely prepared.

End of: Why Patent Attorneys Hate the Provisional Patent Application

How to File a Copyright

Copyright is a legal exercise designed to protect the works of artists, inventors and innovators. In essence, it is a legal bar, allowing exclusivity for those who create works in the form of an intangible asset which can be sold or relinquished, and which expires upon a certain period of time. With the growth of the internet, and the creation of more and more content, the question of copyright is becoming increasingly more relevant, and one which more and more web masters are considering to protect their own interests.

A copyright is much different than a patent as there is no “approval process” only a “registration process” that puts on notice that you own the copyrighted material. Merely affixing the copyright word to your work in some cases is sufficient to deem it copyrighted.

Additionally, with the rise of the freelancer market, the issue of copyright is becoming a heated topic of debate for both buyers and sellers at every stage in the production chain, and the effects of not having the relevant rights could be potentially catastrophic. In this article, we’ll look at what exactly copyright is, and how it relates to the internet in content creation.

Copyright is a concept that gives the creator of a work, or the person he sells the right to, the legal right to use or modify in whole or in part, and to call their own. It has a different meaning in most jurisdictions, however the basic principle is the same: the creator owns the original copyright to the work in question, and has the freedom to pass this on at will, usually in consideration for money. Where a creator is working on commission, copyright is designed to act as a lien in his favor, meaning that if he creates and passes on but does not receive payment, he can withhold copyright and sue for breach where applicable. Of course, he would also have remedies under the ordinary law of contract, but the grasp of copyright is a very powerful tool, which can even be used against the third party buyer from the original owner.

Copyright is designed as a tool to cover what is known as intellectual property. Committing intellectual thoughts and ideas to paper, or making them tangible is usually sufficient to give rise to the copyright protection, which usually lasts for a number of decades in preventing others from steeling ideas. This is primarily designed to encourage forward thinking and art, and can be a vital tool in protecting the financial interests of those responsible for some of the world’s most vital inventive ideas and concepts. Consider the inventors of the seatbelt, Volvo. Volvo could have used their copyright to prevent other manufacturers from installing seat belts, and this would have been sufficient to protect any other manufacturer from doing so. Of course they waived their rights for the safety of the general public, which is also a possible consideration for the creator of something new and innovative.

Copyright is an exhaustible right, and it usually expires on a given date, after which all works enter the public domain. This means that those who create new products have sufficient time to capitalise on their idea before the world at large can join in. Unfortunately for many musicians, this means their artistic works can no longer make them money specifically, and can be used royalty free; a fact that has caused much uproar and unrest in recent years.

Copyright is a dynamic area of the law, and is particularly relevant to the internet. As more and more content of more and more varieties is created online, there comes a need to find protection in copyright law to prevent unscrupulous parties from using content without authorization. In combating this, a number of international legal organisations have been established with a view to tackling copyright violation, and helping those without legal support to fight cases for the protection of their work. It is undoubtedly an area of law that is on the ascendancy, as lawyers worldwide strive to find a cohesive structure to online intellectual property law, and the protections online authors should be afforded for creating their works. At least within national boundaries, it is highly possible to rely on copyright laws to protect and govern material.

How to File a Copyright

What is a Patent?

A patent is a document issued by the US Patent and Trademark Office, USPTO, a branch of the Federal Government that grants the owner the monopolistic right to their inventive idea for a period of 20 years. In return for that monopolistic right the inventor MUST disclose the invention COMPLETELY so that a person of ordinary skill in the art will be able to duplicate the invention. You must also pay the USPTO fees to keep your patent alive and active for the 20 years.

The USPTO does not do ANYTHING but publish the document. It is the OWNERS responsibility to DEFEND their patent by bringing any infringers of their invention to court. If this happens then the court looks at the patent to determine if the infringer has truly infringed on the invention. If so then the court may award a settlement to the owner of the patent. It remains the responsibility of the owner to collect what ever is awarded. Sometimes the awards are enormous and as such many folks file or buy patents with the design to catch folks who copy their patents. These folks are commonly called Patent Trolls. Or, they could be a guy who invents a cool product that he can not afford and then notices someone has brought out HIS idea. He has the right to sue that person!

What is a Patent? If you want to get a patent on YOUR idea the least expensive path is to FIRST file a Provisional Patent Application for the small fee of $125 if you are an independent inventor. The Provisional Patent Application is an extraordinary defensive means as well giving the owner the ability to describe their inventive art in ways that are not permitted in a non-provisional patent application.

The answer to What is a Patent?   is nicely answered in Wikipedia… in their  What is a Patent? posting

What is a Patent? If you want to see EXACTLY HOW to file a Provisional Patent Application using a novel Over the Shoulder Video Course click this link: Provisional Patent Video Course

What is a Patent?

In order for a patent to be accepted by the USPTO, it must propose a concept, idea, or item that is “useful,” “novel,” and “non-obvious.” Below are definitions of these terms in the context of the patent process.

“Useful” - The term “useful” means that the subject matter has a useful purpose. It also requires that the item is operable, since a machine that can not perform its intended purpose cannot be considered useful in the ordinary sense of the word.

“Novelty” - “Novelty” is strictly defined by patent law. An invention cannot be patented if:

• The invention was known or used by others in the United States before the patent applicant invented it.
• The invention was patented or described in any printed publication, before the patent applicant invented it.
• The invention was patented or described in a printed publication in any country more than one year prior to the inventor’s U.S. patent application.
• The invention was in public use or on sale in the United States more than one year prior to the inventor’s U.S. patent application.

“Nonobviousness” - Even if a new invention differs in one or more ways from another patented invention, a patent may still be not be accepted by the USPTO if the differences to one skilled in the art would deem it would be obvious. Nonobviousness is defined as a sufficient difference from what has been used or described before that a person having ordinary skill in the area of technology related to the invention would not find it obvious to make the change.

For example, sodium chloride, NaCl, (table salt) and potassium chloride , KCl, (a chemically similar salt) can often be used interchangeably. A inventor working to improve road salt would be instructed by the USPTO that it is obvious to one skilled in the arts would know to substitute potassium chloride for sodium chloride. As such a formula that simply made this substitution in an existing patented road salt formula would not be patentable because it was obvious.

Of course these rules do not prevent a person from patenting an improvement to another invention, however. For example, tire companies have long known various formulas for making tire rubber for specific uses. If an inventor discovers a new and novel way to make tire rubber that would last twice as long by slightly changing the chemical composition or method of processing the rubber then this inventive ide could well be a patentable improvement as long as the difference was not obvious to one skilled in the art.

Now… you have a better idea about your question of What is a Patent? watch for more as I post more on the subject!

Ginsu Knife Creator Reveals his Money Making Secrets

Use your SmartPhone QR Reader to see the site

Ginsu Knife Creator Reveals his Money Making Secrets

Michael Walshe’s list of TV products is the track record of an expert… May sound a little tacky but this guy is the real deal!

Some of Michael Walshe’s products you may know….

This set is PERFECT to get after you file your provisional patent using the Provisional Patent Video Course.

Click Here to Review the Michael Walshe’s Website!

Ginsu Knife Creator Reveals his Money Making Secrets 

Here’s what Michael says about his unique offer:

“I had to learn and it was tough along the way – swamped in upaid bills, hundreds of thousands in debt, I’ve even been homeless and living in a truck….

Now I’m financially secure and living at the beach.

But you don’t have to go through all that (well maybe the last part)

This has to tell you that it does not matter if you are down on your luck – you can do it too.

Let me show you the short cuts I have learned. When you order my books I reveal all my secrets to finding and selling As Seen On TV Products – nothing is held back. 

Right now I will also provide a personal evaluation of your product or idea and will include development and marketing approaches – plus tips on matching and premium bonus products and the sequence to present  them in a TV commercial. In this stage I can use access to my back up team of top “As Seen On TV” industry experts. Plus this can lead to introductions to leading marketers in the business who are actively seeking products. I urge you to act while I can offer this customized service.”

One simple idea can change your life too…

I’m Michael Walshe – I created the Ginsu Knife plus a bunch of money spinning TV products. Now, I’ll share secrets from over 45 years of experience revealing how to make money from simple ideas.

How to start a business with one idea – and I’ve done it, so my secrets and methods can show you how to do it too.

My 4 volume book set shows how to find One Idea that Can Make a Million - it’s genuine and it’s easy to follow.

The contacts I reveal, to finance and market your idea, are more than worth the price you invest – so get it now….

If you already have a good idea I can show you how to move it to the next level so don’t delay - start now.

My personal evaluation of your product or idea will include development and marketing advice specifically for you. Plus I give introductions to leading industry marketers when your product is ready to go.

My MILLION DOLLAR SECRET, revealed to you in these pages, makes having this info a must.

You’ll get your money’s worth or your money back and that is absolutely guaranteed.

Click here: Ginsu Knife Creator Reveals his Money Making Secrets

Ginsu Knife Creator Reveals his Money Making Secrets

How To Patent Your idea

How To Patent Your idea is not as hard as you think. It is just much more expensive than you thought.

With that in mind I want to introduce you to the Provisional Patent Application process that costs a mere $125 as of Sept 26, 2011 to file.

At issue is HOW do I file a provisional patent application, PPA, myself, or at least inexpensively and WHY would I do that if a non-provisional patent application, sometimes called a “real” patent is what all the lawyers tell me I need to use.

The reason attorneys want you to file a non-provisional patent application is because they charge from $5.000 to $50,000 to file one for you. They earn these fees MAINLY answering what is known as “Office Actions”. Office Actions are what you get when the USPTO sends you a letter telling you made a mistake in your patent application submission. Mistakes such as silly spelling errors to obvious errors in legal structure down to obvious errors in claim structure. This is much like a math teacher would do when you make an error on your trigonometry homework. The math teacher uses the well known laws of mathematics and trigonometry to inform you of your errors and it is your job to return the homework with the corrected answers. You, the student SHOULD HAVE KNOWN not to make errors. It is OK, however, because you are new to the “business” of trigonometry.

The same is true with the USPTO to the attorney who files your patent application. The difference is the laws pertaining to the proper authoring of patents is published in the Federal Register and are available to ANYONE with an internet connection. You must know that patent attorneys go to school and pass a rigorous examination to have the honor of charging you $400/hour or so to file a patent for you.

And, you would assume with all this schooling these same attorneys would NOT make simple errors that are causal to income producing Office Actions. The fact of the matter is that there is not much income to be gained if one were to submit a “perfect” patent application. As such you can appreciate why attorneys are not “motivated” to ensure there are no errors in their submissions.

Back to How To Patent Your idea… Or, why use the Provisional Patent Application process that you can do yourself for $125 even when your good friend the Patent Attorney tells you that you should hire him to file a non-provisional patent application for you….

Simple answer… A provisional patent application can be filed online quickly and when you hit the “Submit” button you IMMEDIATELY get a confirmation and a registration number that allows you to affix “Patent Pending” to your invention and affords you a level of protection that allows you to share your idea with prospective partners or investors so that within the one year time frame you can have your partners come up with the money needed to file your non-provisional patent application. In a way a Provisional Patent Application is a “cheap” insurance policy to “protect” your inventive idea while you get your ducks in a row to bring your invention to market. After no real or serious company would ever want to talk to you about your invention if you do NOT at least have a Provisional Patent Application filed giving you the “Patent Pending” status. And, if you were to go to the expense of filing a non-provisional patent you would likely be “wasting money” as most serious companies who engage individual inventors prefer to have their OWN Intellectual Property team draft all their patents anyway.

How To Patent Your idea again… My simple answer is FIRST file a Provisional Patent Application using something like the Provisional Patent Video Course.. And do it NOW before some other clown comes along and copies your idea… The course is IDEAL for individual inventors who want to file themselves as well as inventors wanting to use the service of a good, honest, reputable, patent attorney who realizes that when they help someone file a provisional patent application for a fair and reasonable price that it is highly likely that they will come back within a year to file the associated non-provisional application!

A cautionary video about Invention Companies… Watch the video… This demonstrates why you should FIRST file your provisional patent application and DO NOT give ANYONE money till you FIRST file!

First Person To File An Application Wins!