A Good Patent

[vc_row][vc_column][vc_custom_heading source=”post_title” use_theme_fonts=”yes”][vc_column_text]There is a lot of controversy about patents and what makes them “good Patents.” The first USPTO issued its first patent on July 31, 1790, to Samuel Hopkins. Which means patents have been in effect for 228 years in the US alone. As our forward progress moves us out of the material and structure processes, and into the digital and coding process. More individuals and establishments are seeking ways to protect what they feel is a good “digital” idea, with a patent. And we feel a digital inventors journal is an excellent way to accomplish just that.[/vc_column_text][vc_custom_heading text=”A Bad Day For Patents” use_theme_fonts=”yes”][vc_column_text]An article about patents written in 2014 by Daniel Nazer and Vera Ranieri, informed us that a long-awaited decision from the Supreme Court was finally reached on Alice Corp. v. CLS Bank.

The Court ruled against an abstract software patent. Basically, the Court ruled that adding “on a computer” to an abstract idea does not make it patentable. Many thousands of software patents (particularly the vague and overbroad patents so beloved by patent trolls) should be struck down under this standard. Because the opinion leaves many details to be worked out (such as the scope of an “abstract idea”), it might be a few years until we understand its full impact. Alice Corp.’s patent claimed a form of escrowing that was well known. Called an “intermediated settlement,” it allowed a third party to act as an intermediary by creating “shadow accounts” for parties, and only allowing transactions to go through if the “shadow account” showed the party had enough money. Oh—and they performed this task with a computer. The Supreme Court reaffirmed that adding “a generic computer to perform generic computer functions” does not make an otherwise abstract idea patentable.” (Nazer 2014)

It is not enough to “piggyback” off the original software and add small changes to it to achieve a patent. Patent’s need a great deal of thought and effort. You don’t only have to show how it would be beneficial to use, but you also must show that it is an original idea. Many individuals will attempt to file a patent without realizing the fundamentals required to be awarded a patent. This results in the denial of many patents filed each year. Which Is why it is good to keep an Inventors Journal.[/vc_column_text][vc_custom_heading text=”Patent filling requirements” use_theme_fonts=”yes”][vc_column_text]What you are filing for will determine what requirements you must follow to achieve a US patent. The following requirements directly form the USPTO Website:

A complete nonprovisional utility patent application should contain the elements listed below, arranged in the order shown. Description of these elements is provided in the following sections:

  • Utility Patent Application Transmittal Form or Transmittal Letter
  • Appropriate Fees
  • Application Data Sheet (see 37 CFR § 1.76)
  • Specification (with at least one claim)
  • Drawings (when necessary)
  • Executed Oath or Declaration
  • Nucleotide and Amino Acid Sequence Listing (when necessary)
  • Large Tables or Computer Listings (when necessary)

Be sure to include the following when you are filling

  • application number (if known)
  • confirmation number (if known)
  • filing date of the application (if known)
  • title of the invention
  • name(s) of the inventor or inventors

If a postcard is submitted with a patent application, the detailed listing should include the following items:

  • title and number of pages of each USPTO form
  • number of pages of specification (excluding claims)
  • number of claims and the number of claim pages
  • number of figures of the drawing and the number of sheets of drawings
  • whether an oath or declaration statement is included and the number of pages
  • type and number of other documents that are included and the number of pages of each document
  • amount of payment and the method of payment (i.e., check, credit card, money order, or USPTO deposit account)

[/vc_column_text][vc_custom_heading text=”Proper Patent” use_theme_fonts=”yes”][vc_column_text]In closing, do your research and make sure that you are meeting all the requirements necessary to file a proper patent application. And keep an inventor’s journal like the ones we have at digitalinventorsjournal.com Doing so will increase your chances of receiving a patent.

For more information about the requirements for a nonprovisional patent, go to: https://www.uspto.gov/patents-getting-started/patent-basics/types-patent-applications/nonprovisional-utility-patent

Reference

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