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Messages - Brad

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1
Patent Questions and Advice / Re: patent claims
« on: September 22, 2017, 06:24:43 AM »
If claims 2-20 all reference and refer to claim 1 they would be considered "dependent" claims. 

2
Either with or without the comma should be fine.  However, I would suggest:

In the present invention, In preferred embodiments, the term “dynamic wiggling motion” of an icon refers to a wiggling motion of an icon, wherein the wiggling motion changes the shape of the icon

3
Patent Questions and Advice / Re: Should a patent title be unique?
« on: September 13, 2017, 07:48:48 AM »
Sorry I thought I answered this but no, a title does not have to be unique.  In fact when I first started off in the field we had a large client that would file 1,000+ patents per year all with the same exact title. 

There is also good reason to keep your title as short and generic as possible because you don't want to accidentally limit your invention.

For example, if your invention was on a new type of chair and the really unique thing about it was the seat cushion, it would be a mistake to have your title as "Four Legged Chair" when in fact you may make a chair with 6 legs.  Instead, I would just make the title "sitting device" or simply "chair"






4
Yes.  Once that happens you just have to update your entity status at that time.


5
Patent Questions and Advice / Re: provisional patent
« on: August 25, 2017, 03:09:20 PM »
Usually its best to file it all together.   I am not sure what you mean by "save them".   If you hold back details in your patent application and don't teach the patent office everything you know about making the invention that may cause problems later.


6
If you are an "unregistered" filer which most inventors are then they only way to update the filing is to do it by postal mail.

If it were me I would just re-file everything and re-pay the fee and then see if you can get a possible refund on the first submission.


7
Patents are supposed to be a trade off.  You are giving up your secrets in exchange for the government giving you a limited (20 year) monopoly on your idea.    In some cases that is a fair trade such as in high tech. where your invention will likely be outdated in 20 years but in other cases it may not be a fair trade such as keeping the secret recipe for Coke.

Basically its a business decision.   If you are okay with making the deal and giving up your secrets then file a patent.  If you would rather not give up your secrets you can consider keeping the invention as a "trade secret":
https://en.wikipedia.org/wiki/Trade_secret



8
The last items in the dropdown box should be "transmittal or new application" or something like that.   I usually select that for the coversheet and its worked fine for the past 7+ years so you should be fine doing that.


9
Patent Questions and Advice / Re: Patent Protest per MPEP
« on: August 12, 2017, 08:16:03 AM »
Sorry I have never done a protest before and am hesitant to comment on this rule because its worded very strangely staring off with the word "except".    I have had good luck calling the UPSTO and you can sometimes speak with their attorneys or people who help draft the rules to ask for clarification.   

10
Patent Questions and Advice / Re: Drawing requirement
« on: August 03, 2017, 06:47:16 AM »
If people of ordinary skill know what an actuator is and how it works it should be enough to just draw and label an "actuator" and in the description you can say "in preferred embodiments the actuator is an electric actuator"


11
There should be a form on this page where you enter your name and email address. 
http://patentfile.org/free-provisional-patent-template/

If that does not work send me an email and I can email it to you.   My emails is:   brad.fach@patentfile.org


12
Patent Questions and Advice / Re: Design Patent Question/Advice
« on: August 01, 2017, 02:27:50 PM »
It could be both.

If it functions in a new/different way then it would be more of a "utility" patent.   For example, if you invented a new iphone case that had a neat wavy pattern to it but worked the same as other cases the only unique thing about that would be the way it looks so a "design" patent would be your only options.

However, if your case also had a fold-out section that you could use to stand the iphone up on its side that may be a new and different function for the case so a "utility" patent would be best.


13
I dont have time to read the rules right now as I am on vacation this week but please read this section of the MPEP:
http://www.bitlaw.com/source/mpep/608_01_m.html


My initial guess would be example 3 looks correct. 

14
Patent Questions and Advice / Re: Design Patent Question/Advice
« on: August 01, 2017, 08:36:09 AM »
Usually exact sizes and dimensions will not matter as long as the layout, shape, curves, edges, etc. all look the same as in your patent.


15
Sorry I don't know the trademark rules.  I will leave your question posted here in case someone else can answer it.


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