Aaron Filler - The Smart Guide to Patents

The Smart Guide To Patents

Published by

Smart Guide Publications, Inc.
2517 Deer Chase Drive
Norman, OK 73071
www.smartguidepublications.com

Copyright 2012 by Aaron G. Filler. All rights reserved. No part of this book, including interior design, cover design, illustrations and icons may be reproduced or transmitted in any form or stored in a retrieval system, or transmitted by any means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from the publisher. Although every precaution has been taken in the preparation of this book, the publisher and author assume no responsibility for errors or omissions. The author and publisher specifically disclaim any responsibility for any liability, loss, or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this book.

For information, address: Smart Guide Publications, Inc. 2517 Deer Creek Drive, Norman, OK 73071

SMART GUIDE and Design are registered trademarks licensed to Smart Guide Publications, Inc.

International Standard Book Number: 978-0-9834421-3-4

Library of Congress Catalog Card Number:
11 12 13 14 15 10 9 8 7 6 5 4 3 2 1

Printed in the United States of America

Cover design: Lorna Llewellyn
Copy Editor: Ruth Strother
Back cover design: Joel Friedlander, Eric Gelb, Deon Seifert
Back cover copy: Eric Gelb, Deon Seifert
Illustrations: James Balkovek
Production: Zo Lonergan
Indexer: Cory Emberson
V.P./Business Manager: Cathy Barker

ACKNOWLEDGMENTS

My father was a successful inventor who passed along to me some of the books he read to get started. He was a civilian physicist with the US Navy who first trained for the invasion of Japan in World War II as a young sailor. He then filed a series of patents in the field of applied shock wave physics involving explosives for industrial, military and aerospace applications. The later redirection of this work to treat kidney stones in his lithotripsy patent was a classic innovative re-invention.

When I had just filed my first patent provisional application in the field of nerve medications, he gave me a key piece of advice. Your invention is like your own childno one cares about its success the way you do. Its your job to get it prepared so it can go out into the world and stand on its own.

To succeed in inventing and writing, Ive been fortunate to have the support of my wife Lise and our two kids Rachel and Wyatt. My business backers including Hermann Hauser and Grant Hieshima, my co-inventorsprominentlyAndrew Lever and Franklyn Howe, and my business partner Shirlee Jackson have also been critical in turning dreams into reality. I also thank my various publishers for their confidence and my literary agent Jodie Rhodes for her enthusiasm and support.

My education benefited from our CEOsincluding Constance McKee and Tom Saylor, as well as from my Harvard professorsDavid Pilbeam, Irven DeVore, Fuzz Crompton, and Stephen Jay Gould. My courses at Concord Law School have been a great preparation as well. Ive worked with gifted drafting patent agentsincluding Robin Waldren at Marks & Clerk, and attorneys Julian Cochbain at FB Dehn and Robert Perry of Gill Jennings & Every in the UK, as well as Dan Crouse and Steve Pollinger at Christenson OConnor Johnson and Kindness in Seattle. Ive also learned from patent litigators Eric Videlock of Pepper Hamilton, our great team at Russ August Kabat including Marc Fenster, Andrew Weiss, Alex Giza, and Fredricka Ung, as well as from strong opponents such as Greg LoCascio of Kirkland and Ellis and from demanding and precise judges such as Mariana Pfaelzer. Justin Strassburg has placed faith in my legal innovations that led to our breakthrough success in piercing the veil of sovereign immunity and forcing California into federal court to answer for patent infringement.

Archimedes famously stated, Give me a place to stand and I can move the world. This is what my father, my family, my business associates, my legal associates, and my professors have donethey have truly given me a place to stand.

Aaron Filler
Santa Monica, California

TABLE OF CONTENTS

Disclaimer

Patent law is complex and ever-changing, and you are directed to retain your own patent attorney or agent and to rely exclusively on their advice before taking any action that affects or relates to any invention you have or may have. The information in this book is intended as an informational and educational guide to help the reader gain familiarity with the important terms and concepts that relate to patents. Although Smart Guide Publications and Aaron Filler have made every possible effort to assure that all of the information in this book is correct, accurate, and up to date, neither Smart Guide or the author, Aaron Filler, provide any warranty or guarantee regarding any of the information in the book or your reliance upon it. You should consult an attorney whom you retain before taking any action with any consequence in terms of intellectual property rights or financial impact. By purchasing this book and choosing to read, you agree to hold Smart Guide Publications and Aaron Filler harmless as to any damages, direct, consequential, or otherwise as they may impact you in consequence of or in relation to any information in this book.

CHAPTER 1

What Exactly Is a Patent?

In This Chapter

• What a patent really is
• The role of the United States Patent Office
• How a person makes money from a patent
• Why the legal system gets involved in the process

Your First Questions

If youre reading this, you have probably just gone through the thrill of realizing that you may have thought of something that no one ever thought of before. If it still seems like a great original idea twenty-four hours later, then its even more compelling.

Does your new idea make you an inventor? Is your idea patentable? Can it make you a fortune? No doubt these questions have occurred to you, and they have also led you to read this book.

It would be nice if everyone in the world would immediately recognize the value and uniqueness of your idea, and it would be nice if cash offers started pouring in, but as Im sure you suspect, its not that easy. The cards are stacked against you in many ways.

Your invention may make great sense to you, but others may not really understand it. You may have overestimated its potential value, and others may believe they can do better. And what about secrecy? How can you even try to sell your invention without someone stealing your idea? What if someone else has come up with the same invention and you just havent found out about itcan you still get a patent because you thought of it independently?

If you want to succeed with your invention, you have to get the answers to these and many more questions, and you have to get the answers exactly right.

Why We Have a Patent System

The United States has granted nearly 7 million patents, so you know that many others have been through all this before you. Patents and their predecessors go back thousands of years because invention has been a precious natural human resource since long before the dawn of recorded human history.