In this first installment, we will discuss the importance of defining the invention in light of the overall patent process.
Core Concept #1
Details versus broad concept
This core concept relates to defining the invention. Oftentimes, in defining the invention, the details divert our attention away from seeing the broadest embodiment of the invention. We remain intently focused on the trees, and forget to see the forest. It is important to get to the details but, the overall picture of the invention, its functionality, its fundamental components are missed in an an effort to include all of the details.
Focus on the fundamentals
Focusing on the fundamental benefits and components first sets the tone for the patent search, the patent application, the claims and all of the work during prosecution of the patent application before the Patent Office. From the general concepts of the invention, we can move on to the details and nuances of the invention.
Uncover the most basic components
To figure out the fundamental components of the invention, we review the various components of the invention and ask whether any component can be dispense with yet still achieve the stated function of the invention. Could the invention still work with different materials, a different number of parts, or a different arrangement of parts? It is these types of questions that help to ferret out the broadest concept of the invention. We do this through the initial consultation.
By discussing the invention during the initial consultation, we:1. Expand applicability of the invention to other industries;2. Develop a strategy for the format of the patent application;3. Develop a plan to block competitors from designing around your patent, should one issue;4. Increase the probability that the Patent Office will grant a patent on your invention; and5. Facilitate smoother prosecution of the patent application.As an advocate, my goal is to assist you in exploiting your invention to the fullest.
Contact me at (949) 433-0900 to schedule your initial consultation.
1. Define the invention
2. Review of the prior art
3. Explore different ways of protecting your intellectual property
(i.e., patent, trademark, copyright and trade secret)
4. Foreign protection
6. First to file under the America Invents Act
7. Patent Process
8. Questions and answers
9. Recommended next step(s) and estimated fees
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