Before you launch your sequence of steps patenting your novel, non-obvious, and “ah-ha” invention, the best way to start is by stating the obvious. The framework for utility patenting is very straight forward, with each of the steps inextricably linked one to the other. In Section 2 of my IP SAVVYS book, “Getting the Patent”, I cover these 10 steps in 20 pages of non-legalese which you can and should read (for FREE) in one hour. You owe it to yourself to fact-check your own belief about what you will be doing during this pursuit. Click on that link and select the FREE Starter-Kit to get the simplest non-legalese description of the rules for patenting (summary of the Manual for Patent Examination Procedures MPEP).
I cover the 10 aspects in a 1000 foot helicopter view of the landscape you will be navigating. This starts with (1) your idea as a trade secret and takes you into (2) drafting basics (3) your Doc PAK for ultimately filing (4) the choice you need to make about the type of application you will file (5) what the sequence of prosecution will look like (6) how to sort out your global filing options (7) the domino theory of formal prosecution (8) what and what not to do with the examiner at the PTO in the clinches of examination on merits (9) in what way this interleaves with international prosecution and (10) what to do once you are allowed and issued and how to deal with maintenance and defense.
Once you take the hour to read this section of my book (over your soup and sandwich:)), take a look at the book synopsis, along with the LEVELS (tied to your role and tasking in the patent effort) in my self-paced utility patenting course (Intellectual Property BoostCamp (IP-BC)).
If you’re serious about the utility patenting gambit, you may benefit from learning more about these IP SAVVY tools. What’s the nature of the turning point I’m offering…in simple terms? If you’re talking with a professional patent counsel that has spent 10,000 hours understanding the complex domain of utility patenting, you need to bring a Howitzer to the front battle lines. The only way you can have the fire power to have an intelligent conversation with them at each point along the 10 step process I detailed above, is to know enough about the ins and outs yourself. In this way you will be able to ask the right questions at each turn down the patenting corridor of uncertainty. When you do, you will know what substantive work you really need an expert to do for you, what to expect, and how much it should cost in time and money.
You will be able to read and understand the claim(s) in your proposed final draft patent application which will lead to the most important result of all. Take The Schwartz Method (TSM) for patent pursuit with you on your shoulder and benefit from a filing that is filed first, right-first-time and that avoids FATAL OFFICE ACTION REJECTIONS (FOARS) and abandonment, for lack of traversing objections for patentability, novelty, non-obviousness, antecedent reference, ambiguity, and definiteness. (The 6 Rules #101,102,103,111,112,and 113).
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