How to Get a Patent Part 2

Learn how to write your own patent application on your invention. This free do-it-yourself course will teach you how to write a provisional patent application and get your invention patent pending, without the need for an expensive patent attorney. Andrew Knight, J.D., is a Registered Patent Agent, graduate of MIT, and inventor of 13 U.S. patents.

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Howto & Style

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• invention
• patent
• how
• to
• provisional
• nonprovisional
• get
• pending
• do
• it
• yourself

[Iamare]

Very articulate and knowledgable. Thank you.

[FashionINart]

Are these law international?Will they be relevant in Europe aswell?

[SilverDace]

I know it's just an example, but horizontal platform would mean a chair is only infringing if seat is horizontal. Perhaps platform with four supports extending from the platform for placement on a support surface.

[zax808]

Anything under the sun that was made by man? Im affraid your wrong, Monsanto has layed a patent on a living organism (their seeds) which was most certainly not mad by "man". lol

[tigmaster6061]

who owns the patent on women?

[EricHultman]

Modified by a recent holding in KSR v Teleflex:

One of the ways in which a patent's subject matter can be proved obvious is by noting that there existed at the time of invention a known problem for which there was an obvious solution encompassed by the patent's claims.

In that, if it were known to be beneficial to add a 4th leg to a chair - its deemed obvious, and the application for patent will be rejected.

(Probably way to much information.. but there you are)

[EricHultman]

I will save you the trouble. The courts define obviousness by running through a set of tests from Grahm vs John Deere: 1. the scope and content of the prior art; 2. the level of ordinary skill in the art; 3. the differences between the claimed invention and the prior art; and 4. objective evidence of nonobviousness.

Which are: 1. commercial success; 2. long-felt but unsolved needs; and 3. failure of others.

[EricHultman]

Re cremepunK:

The three legged chair would be cited as prior art.

However it comes down to this:

Is the 4th leg obvious?

35 USC 103 A

A patent may not be obtained... if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.

-US Law-

[cremepunK]

In tht case, wouldnt it be that the at least 4 legs device as claimed is not inventive? Is this possible that this patent could be cited with the prior art of 3 legs device?

[matvictorez]

This Videa was very well put together and has helped me alot with some ideas i have.

[GUILDGOB]

I believe there is a patent office in europe you will have to apply for as well. This is true for each country and region.

[wardon180]

i have several ideas i wud like 2 patent and i wud like to thank u 4 this video