Transcript The Patent Guild, Inc.

Patent Claim Basics
Presented
by
The Patent Guild, Inc.
Paul Royal, Jr.
Registered Patent Agent
PAT H
Paul Royal Background Info
• President of The Patent Guild, Inc.
• Registered Patent Agent
• Patent Examiner – formal training received at the
Patent Academy of the US Patent Office
• Received Juris Doctor in Law = J.D.
• Product Development Engineer
• Bachelor of Science in Mechanical Engineering - FAMU
• Associates of Arts – Florida A&M University
• Former US Marine Corps (USMC) Sergeant
Avionics Master Training Specialist
What is a Patent
• A patent for an invention is generally the
grant of a 20 year property right to the
inventor, issued by the United States Patent
and Trademark Office which protects the
inventor’s idea.
• U.S. patent grants are effective only within
the United States, U.S. territories, and U.S.
possessions.
right conferred by the patent grant
• The right is “to exclude others from making,
using, offering for sale, or selling” the invention
in the United States or “importing” the invention
into the United States.
• What is granted is not the right to make, use,
offer for sale, sell or import, but the right to
exclude others from making, using, offering
for sale, selling or importing the invention.
• There are three types of patents:
• Utility patents may be granted to anyone
who invents or discovers any new and useful
process, machine, article of manufacture, or
compositions of matters, or any new useful
improvement thereof;
• Design patents may be granted to anyone
who invents a new, original, and ornamental
design for an article of manufacture; and
• Plant patents may be granted to anyone
who invents or discovers and asexually
reproduces any distinct and new variety of
plants.
Actual US Patent for an ant free dog bowl
Patent number
Title of the
invention
Details of invention
Background
Information
Summary
Claims which to
which the patent
rights apply
Description of
Drawings
End of patent
Key claim issues
• List essential invention elements (must
have components).
• Logically link each element to at least one
other invention element – proceed left to
right, top to bottom, etc in a logical manner.
• Start BROAD (claim 1) and progress into
more and more details on key unique
elements in additional claims.
Anatomy of a claim.
What is claimed is:
1. A combination of a dog bowl and water for providing an ant free dog bowl, said
combination consisting of;
an outer wall forming the outer periphery of a first depressions, said depression being
filled with water, said outer wall having a top rim and a base, said base having a
larger diameter than said outer wall for providing a wider base to prevent tipping, said
base secured to said outer wall adjacent a lower level of said depression,
an inner wall forming the outer periphery of a second depression for filling with pet
food, said inner wall having a top rim and a base and forming the inner periphery of
said first depression, and
each of said first and second depressions having a depth reaching from said top rims
to the level of said bases said top rims of said outer and inner walls being
substantially coplanar.
What is claimed is:
1. A combination of a dog bowl and water for providing an ant free dog bowl,
said combination consisting of;
an outer wall forming the outer periphery of a first depressions, said depression
being filled with water, said outer wall having a top rim and a base, said base
having a larger diameter than said outer wall for providing a wider base to prevent
tipping, said base secured to said outer wall adjacent a lower level of said
depression,
an inner wall forming the outer periphery of a second depression for filling with
pet food, said inner wall having a top rim and a base and forming the inner
periphery of said first depression, and
each of said first and second depressions having a depth reaching from said top
rims to the level of said bases said top rims of said outer and inner walls being
substantially coplanar.
Dependent Claim
2. An ant free pet food bowl of
claim 1 wherein said outer wall
diameter is in the range
between eight inches and
fourteen inches, said outer
depression is in the range
between two inches and three
inches wide, and the diameter
of said second depression is in
a range between four inches
and eight inches.
Claim Drafting Suggestions
1. After key claim(s) written – sketch the invention which is described
by your claims.
2. Remember claims will most likely be revised during patenting
process.
3. Be sure to include the elements which distinguish your invention
from others or which provide unique functionality to your invention.
4. Integrate claim language into the description of the invention
(suggest copy and paste EXACT claim language into description
section of patent application).
5. Write claims in a manner which makes the elements easy to
identify.
6. Syntax is CRITICAL – commas and semi-colons MATTER !
Resources
• The Patent Guild, Inc.
www.thepatentguild.com
• Paul Royal contact info
[email protected]
• US Patent and Trademark Office website
www.uspto.gov
• Internet Patent Search Tool
www.google.com/patents
Patent Claim Basics
This has been presented
by
The Patent Guild, Inc.
Paul Royal, Jr.
Registered Patent Agent