Patents - How to Write Your Own and Protect Your Invention | Nyall Engfield | Skillshare

Patents - How to Write Your Own and Protect Your Invention

Nyall Engfield, JD, California Bar

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10 Lessons (1h)
    • 1. Introduction and How to Read a Patent

      5:53
    • 2. Types of Patents

      3:59
    • 3. Patent Application Components

      3:55
    • 4. Searching

      9:35
    • 5. Preparing the Background

      2:05
    • 6. Defining the Invention

      1:58
    • 7. Preparing Drawings

      7:15
    • 8. Drafting the Detailed Description

      11:02
    • 9. Completing and Filing your Patent

      9:11
    • 10. Priority and International Filings

      5:29

About This Class

Have you created an invention and want to protect it with a patent? If you hire a patent attorney, it may cost $10K - $20K without any guarantee of success. If you file your own, you can quickly get protection, but it's a complex process. Not to worry, this course will give you the basics to get a first application on file. Then you can test out your product idea and get investment, knowing you have an application on file. We go through the patent process, encapsulation of the inventive idea, and drafting and filing an application. It's not easy but you can save 1000s by preparing and filing an application yourself. Are you ready for a challenge?

Transcripts

1. Introduction and How to Read a Patent: So you've come up with a great idea that you think might change the world, and you want to protect it, how to protect it. What? Patton is the best route, but the services of a patent attorney can be 10 to $20,000. Join me as I describe how toe prepare and file a patent application that will be acceptable to the USPTO and that can give you some protection over what's new about your invention. My name's Nile and I'm a California attorney have been working in the field of patents and trademarks for about 10 years now in both U. S. And Canada. I could provide you with some insight into how the process works and how to prepare the application. Then we'll go through the filing procedures and some of the technicalities with the filing and finally, international protection if your invention get some traction and you want to look at protecting it down the road. But first, a disclaimer. I don't know you. I don't know your invention and not providing any legal advice for you. Just finding some general guidelines to help prepare your own materials for violence. The subject matter of your patent is important because only some subjects can be protected . So areas that you could get protection in our devices now apparatus procedures and compositions of matter. So if your invention is a software invention, it's a very contentious area right now. And you'd be best off seeking advice of a patent attorney to let you know whether your software invention is potentially patentable Anatomy of a patent going to look at a patent application. This is the the one that we're gonna be using throughout this course. So it'll be a good introduction to it, and you can see where to find various aspects of a of a patent application in the publication. So first off, you don't need to format the application in this format. This is done by the USPTO, so you'll be submitting an application that is follows the format largely that we discuss in the course and then at the publication 18 months after the filing. The U S P t o format the application into this and it gets published this way looks pretty , uh, pretty professional. Okay, so, first of all you have in a United States patent application publication. Here's the publication number. This is an application. It's not yet issued patent. This is the publication date. These were the inventors. In this case. There's two of them. Here's the firm that helped them file the application, and the signing here is the company that owns this patent owns the invention hand press. So in this case in France, so on the first page you have a representative drawing. In this case, it's a perspective view of the, you know, of the closed device, and I'll just explain briefly how it works. Here is the abstract, which also describes the invention. But as you'll see from the language of the abstract, it's not as easy to figure out, you know, from reading a patent application what the patent is actually about. So the drawings were good guidance in letting you know, You know what is what the invention looks like, and the text will help to illuminate the features of the invention. So here, basically we have a hot water chamber below. It is a place where you put coffee grounds, and then this is a basically a pump, and this is a handle that provides some air pressure to drive the hot water through the grounds and produce a hot espresso. You can see it in here. There's a even a pressure gauge. This is probably a some kind of release valve. Here's the cut away. This is the plunder of the of the pressure, basically works like a like a portable bicycle pump. Um, right here, this is the chamber for the water, and the pressure drives through this line here into the water chamber to push the water down through the grounds here and out of the outlet into your cup. So as we look at the application the first here, the headings aren't labeled, but usually they are here. We're looking at the background here. It describes basically what the priority was before this invention. We're looking here at thes the list of the figures, and then the detailed description goes through and describes Figure one. Um, and then it'll go through further. And then here's were figured, two starts and eso on. So each of the components is given a number, and the number the reference numeral here, corresponds to the reference numeral on the figure for that component and the reference numerals air not duplicated so Each component has a unique reference numeral throughout. And then finally, this is the This is where the claims start here. This is the first independent claim, and this represents the inventors claim on what is new for the power. So there's patent application. This one is, um, eight pages long, single spaced. So substantial, doctor. 2. Types of Patents: this episode two, We're gonna be talking about the different types of filing strategies, different types of patent filings that you could make in the US There are basically three different types of patent filings that you can do as a first filing in the U. S. The first is a provisional pot. Provisional pardon is more of a draft application, and it will provide you with the filing date for your invention and hold the date for up to a year. So after a year, the provisional application dies on the reason for filing a provisional is where the idea is in flux. So say the ideas and development you want to get a first filing on. But you think there's also gonna be some further development that you're gonna have to undertake to finalize the idea than one or more provisionals can help you there. So there quick and simple toe file they don't requires all of the materials of a standard filing, so they don't need claims. The drawings don't have to be up to the same spec as for non provisional, and they can be far brought a book quickly. In fact, any type of disclosure that you have could be filed. It needs toe. Have enough technical disclosure that someone skilled in the art would be able to understand the invention from that filing. The second type is a non provisional finding. Non provisional filing is a full patent application. That's one that will go before the uspto to be examined and you'll get some feedback from the Examiner. And then you argue about the novelty of your adventure from there. So that's a non provisional application. So the advantages with a provisional application is more flexibility. If the idea is going to change or you need something quickly on file than a provisional is a better way to go. The official fees are also lower their about 65 micro energy or 1 30 for a small entity. At the moment, non provisional is a full application. It's going to be examined by the patent office and could mature into apartment filing Fees are higher, and it gives you less flexibility, but it'll towards apartment sooner. The third option, which I haven't mentioned yet, is a P C T filing. That's probably cooperation Treaty and the Patent Cooperation Treaty filing is like a non provisionals. It's a full patent application, but it's filed with the W. I. P O office in Switzerland and will give you protection worldwide for 30 months from the filing date, so it's important to keep in mind that gives you a little bit more time. Teoh. Protect your invention, but it's a priority process isn't actually mature into a pot PCT filing will need subsequent national filings, which can protect in each country that you're looking at. So I'll discuss the PCT a little bit later in filing strategies. But it's if you have ah, substantial invention that you plan to fall in a number of different countries than a PCT. Filing may give you the best options there and it gives you the longest delay period in the beginning of 30 months. The other two applications give you up to 12 months to file international applications so more on that later. But basically you have the three filings. Provisional flexible can be evolved quickly. You have one year to fallen on provisional to continue your protection. Non provisional. That's a full application. Once you follow those one of those, nothing more needs to be done and it will proceed through the system. PCT application. If you're looking at a lot of international filings down the road and you want to look for investors or try to bring your product to market in the meantime before incurring higher patent costs PCT maybe a good option for you. But the PCT filing costs are very high compared to the other two in the neighborhood has sort of $2000. 3. Patent Application Components: I hope you're following with me. Time for episode number three. We're going to start on the application. So we're gonna set out the headings at this point for your applications. So the headings are in this order. It starts with the title. The next will be the field. So feel have endeavored the area that the invention occurs in background background covers your the state of the art up to the point of the invention. So what you're doing is trying to describe where the invention fits in how it improves on what was already out there. And I'm going to get into the searching that you're gonna want to do in the next episode. But the search results, if the relevant, would probably be described in the background. Okay, for the, um, starting in on the substance of describing your invention, The first section is this summer. The summary, in a nutshell, describes what is described in detail in the detailed description. The next is the description of the figures description of the figures provides a listing off all the figures and in one sentence or less what they are, what they're showing. Then the detailed description describes all the aspects of your invention. And then finally you have a section called Claims. So claims provide your legal entitlement or what you believe is your legal entitlement to the invention. And all applications haven't abstract. So the abstract is a short 150 words or less summary of the invention. So those are your headings, and we're gonna go through them one by one as we prepare the patent application. Now, just to start off, there's a few, uh, we're going to do it in it a usual order and that we're not going to start with the title. So things were gonna leave Toe layer are gonna be the title. This summary on the option What we're gonna look at first is the field of the invention, so you can start right now putting together one sentence to describe the feeling we're going to use an example throughout this process off ah, hand cranked espresso maker. So it has a chamber for the hot water chamber for the grounds, and then pressures applied through the shaft to squeeze the water through the grounds and produce and espresso, and we can use that as a basis for this example application that will go through. So the field of endeavor it would be coffee preparation or hot drink preparation devices. Something like that. You don't have to be in depth. You just have to provide a basic rundown for the Examiner to situate himself, because Examiner will then do a further analysis on the particular field. And it's broken down in tow, one of 1000 or several 1000 classifications of different industrial areas. But you don't have to do that. The Examiner will do that for you. So first you're just gonna choose a general field that the application subject matter fits into. Some people have asked about boilerplate that's, you know, something that can be put at the end of your description that describes the reader that you know the application is not limited to the embodiment here in and can be expanded. And, you know, as technology develops, theatric ation on the subject matter could be applied to that as well and so on. So I'm not gonna go into the details of boilerplate here, but you could get some good ideas of boilerplate looking at applications followed by big companies like Apple and Google and so on. It will be near the beginning and end of the detailed description 4. Searching: Okay, now we're going to get into searching for your invention, so I'd recommend before you fall apart, an application that you search for your invention to see if it's out there and when you want to keep in mind is that, you know, technology, generally, new invention generally build on old ones and so on. So you're not gonna be the 1st 1 in that field. Maybe not the 1st 1 addressing that particular problem. But there may be aspects of your invention daughter, new and different over what's out there already. So you want to focus on the differences, and it's not just simply solving a problem, but it's solving a problem your way. So one of the good resources for searching patents is is Google patents and Google. Patton's has a number of applications and granted patents from the U. S. Europe, the PCT offices, I think Canada, Japan and a few other offices. So it's a good amalgamate. Er it's not. It's not totally comprehensive, but it's free, and it sets out the information pretty well. So what I would start with is ah is a general keyword search. You know, if it's the case of the special coffee maker. I would say handheld, espresso maker or handheld coffee maker put that into the general search box. Then we're going to get, you know 30 million hits returned on that because all the keywords appearing in the various applications for patents will show up. A lot of them will be relevant, but we'll go through the first page or two of the hits, click on them and look at what is the closest to your, um, what's the closest your invention and then look onto the pages and they have the classifications breakdowns. So when Examiner looks at an application, will break down the subject matter into several classifications and then choose one is optimal classifications. Find invention. It's pretty close to yours and look at that front page and collect that optimal classifications and the related classifications. And then you can use these to search to drill down in Google patents, for you know, all the applications and patents within those classifications. And you can also go the USPTO database, where you concert just by classifications and you'll get you know, 2000 or so results in that particular classification, and you can look through all of them and have an exhaustive search in that classifications if you want to. All right, so I searched handheld coffee breasts, and here I've come up with 1249 results. You can download them in the Sea SV, or you can look at the results individually here in the browsing window, but the they're gonna be grouped by classifications. So our goal here is to find the classification that is most relevant. So we'll look at this one. Here is a handheld espresso tamper, and you can look at the abstract er to try to figure out how close this is to your invention. So this is a tamper, not a coffee maker. This one here we have a filter cub that's removable, and the images air down here. So if you click on the images, you'll be able to see the images and how they work. So here looks like the cup is inserted into the body here. Filter cup movable E supported right here. But to completely supported on a supporting member of a mainframe control rod Uh, etcetera. So this is probably in the general class. So let's try Teoh Point here. We're gonna look in this classifications here with two other classifications here. These air the relevant classifications that the Examiner determined in the in the search. And we have liquid, semi liquid or semi dried systemic solid coffee extract preparations. That's not it. So much as portable or compact beverage making apparatus traveling. That's probably the one we're looking at. So if we click on that, then we'll get a much closer list. So we have five results in this one coffee making apparatus of rising pipes. How water passing the filter only once. And then we have other apparatus for brewing coffee, beverage making, pencil especial making maker and method is another one tea and go best way to get a sense of the invention is just to look quickly at the drawings. It'll take you right to the heart of the invention, and then you can look at the text later on. Recommend looking abstract after the drawings Teoh to take a look at Now here's something to keep in mind. You have a duty as a partner applicant to record all of the prior art that you've encountered and save it for submission later on in the form of an information disclosure statement or I D. S to the U S. PTL. You need to save these prior art that you find that a relevant because you'll need to submit them later on. So put them in a file, the pdf so fine and save it and you can submit it at the time of filing. Or you could submit it. You know, before substandard examination start. We usually try to submit it before the three month deadline. After filing, it's up to you, but you have a duty to disclose those. And if you're aware of someone, don't disclose them. You could jeopardize the validity of your pack. Okay, Now we're going to get into searching for your invention. So I'd recommend before you fall apart, an application that you search for your invention to see if it's out there and when you want to keep in mind is that you know, technology. Generally, new inventions generally build on old ones and so on, so you're not going to be the 1st 1 in that field. Maybe not the 1st 1 addressing that particular problem. But there may be aspects of your invention. Better new and different over what's out there already. So you want to focus on the differences, and it's not just simply solving a problem, but it's solving a problem your way. So one of the good resources for searching patents is is Google patents and Google. Patton's has a number of applications and granted patents from the U. S Europe, the PCT offices, I think Canada, Japan and a few other offices. So it's a good amalgamate. Er it's not. It's not totally comprehensive, but it's free, and it's It sets out the information pretty well. So what I would start with is is a general keyword search. You know, if it's the case of the special coffee maker, I would say handheld, espresso maker or handheld coffee maker, But I put that into the general search bar. Then we're going to get, you know, 30 million hits returned on that because all the keywords appearing in the various applications or patents will show up. A lot of them will be relevant, but we'll go through the first page or two of the hits, click on them and look at what is the closest to your, um, what's the closest your bench and then look onto the pages and they have the classifications breakdowns. So when Examiner looks at an application, will break down the subject matter into several classifications and then choose one is optimal classifications. Find invention. It's pretty close to yours and look at that front page and collect that optimal classifications and the related classifications. And then you can use these to search to drill down in Google patents for you know, all the applications and patents within those classifications. And you can also go the USPTO database, where you concert just by classifications and you'll get, you know, 2000 or so results in that particular classification, and you can look through all of them and have an exhaustive search in that classifications if you want to. Now here's something to keep in mind. You have a duty as a partner applicant to record all of the prior art that you've encountered and save it for submission later on in the form of an information disclosure statement or I D. S to the U. S. PTL. You need to save these prior art that you find that a relevant because you'll need to submit them later on to put them in a file, the pdf so fine and save it and you can submit it at the time of filing or you could submit it. You know, before substandard examination start. We usually try to submit it before the three month deadline. After file. It's up to you, but you have a duty to disclose those. And if you're aware of someone, don't disclose them. You could jeopardize the validity of your pocket. 5. Preparing the Background: so thanks for following along. So far, I hope your patent search was successful. And we're looking towards the next step of starting to draft the application. So your pardon search should have given you a good idea of what was already out there before your idea came along. And that is what we're gonna drawn for the background in the background is a description off, um, of the state of the art. So basically, you're describing at the moment of your invention what is already out there. So we'll start off by discussing some of the history, maybe a coffee, you know, coffee filter technologies and especial machines using pressure. And then we're going to talk about some of the be drawbacks of these technologies. Can be handheld, need to be plugged, Didn't need a great source of heat, need a lot of a lot of pressure and so on. And what we're missing out on is having that handheld. You know, instant coffee, instant espresso maker, um, se on a camping trip or something where you don't have access to power. You're not at home, you know, But you want a real espresso that's made with pressure and not just not just instant coffee . So as we break down the description, we're going to make sure not to describe any of the features of our invention. What we're doing is setting the stage for our invention to come along. So we're going to describe the technologies that are out there and their drawbacks. And finally, we're gonna conclude on what the need is for our invention out there. In this case, the the hand held high pressure coffee maker is beneficial because of portability, and you can make a real cup of espresso without any power. So we're gonna describe that the background and that is going to be our completed background. 6. Defining the Invention: now we prepared the background and we're gonna move on to describing your invention. So the first step in describing the invention is conceptualizing the invention and breaking down the components that make it an invention. So the invention is gonna build on the prior art and then add something and that something is going to create a benefit. And that is the invention. Basically, it's the difference over the priority plus the advantage which produces the invention. So we need to think about the invention and separated out from your device as a whole. So the other aspects were looking at one to break down. The inventive aspects is we're looking at first of all structure, and you'll need this not only in the description, but later on in the claims. You need to think about the structure. How is your product made up? In this case, we have the espresso device. It has a shaft with a plunger on it. It has ah, hot water container, and it'll have a coffee container, and it'll have an outlet spout. So the goal is to put the hot water in the coffee, maybe at the cocky first, then put the hot water, then load up the plunger and then push to create that pressure. So there's a couple aspects here that we're looking at. Protecting one is the structure. So all the pieces to is how the pieces go together, how they fit together to make the device that works. And the other aspect that we could protect in this case is the procedure on how toe fill this device and how to use it. So we're going to be looking at covering all those aspect off. But the important thing is to understand how the invention works so that you're able to describe a problem. 7. Preparing Drawings: thanks for joining me. We're gonna be talking about patent drawings today. So a pardon drawing is the drawings that you use in the pot to represent the invention. Now, typically, you would have come up with some kind of drawings as part of the, you know, prototyping process, sketching out the idea so you can start with those drawings. Patent drawings can be derived from CAD drawings as well. So if you have cod drawings one step ahead already, we're gonna be looking at black and white line drawings off the various angles of your so we can start with a perspective. You. First of all, there are four different types of use generally that you'll be looking at in the patent drawings. The first is a perspective or isometric view. So that's where you're looking. Now, if you can conceptualize a cube, so your inventions in the middle of the cube, you can look through the sides of the top or the front. Ah, perspective. View is from the corner. So perspective, you gives you sort of 2 to 3 sides of the object at once, and it lets you know how the components are situated relative to one another, and it gives some perspective, so it provides a notion of death, which other drawings may not. The second type of drawing is an elevation view, so that's where you're looking at the front of the Cube. So you're looking like you look at the front of a building. It's just straight up and down in front of you, so there's no depth, really. It's just it's the view from one side. It doesn't show any of the other sides now, from if you see it from the top, it's called a plan view. So a plan view might show like, you know, I think the name comes from architectural planning or or a land planning. But the plan view shows the object from above, and then the fourth major type is the cutaway. Cutaway is where one side of the objects kind of removing the drawings and you can see within the object. You can see the components there, so cut away shows, cut throughs of various surfaces on the drawings and so on. So when you have your drawing together to show the invention, you're going to want organize them so they kind of tell a story and lead the Examiner through the inventions. Usually we start with a perspective that we're looking at some elevation and planned views of the various components. And then a cutaway will show detail of various a body so you can use a cut away from a couple of different planes and so on. And then, in the description of figures, you're gonna want to describe each figure as you see it. So Figure one is a perspective or isometric view off the coffee maker, according to one embodiment of the invention. Do you want to make sure that each drawing is only representative of a certain embodiment, not the entirety of the invention itself? So Figure two would be, you know, a plan view of the invention of the coffee maker Figure three might be a an elevation view and figure for might be a cutaway view of the detail and those of the four different types of use you you might have. So if you don't have drawings already, you'll need to put some together for a provisional patent application. The drawings can be photographs so they could be hand drawn sketches for a non provisional . There are more serious requirements, including black and white line drawings and numbering of the features in accordance with the description. And we'll get to that later. But you need for the non provisional you need to show every feature that you're going to be described. Okay, now to take you through these drawings, we have figure one here. It's been blown up. This is through the Google patents in her face, but you'll see this on the publication as well. So it's black and white line drawings that make up the drawing so you can see this is a perspective. You It comes from an angle CC kind of two services. You'll see the top of here, and you'll see some of the side view along here, some of the features underneath. If it was just a top view, this coffee feature wouldn't appear. So this some hot water container has some curvature, so the curvature lines helped to show that in this perspective, you we'll give you, uh, some measure of depth. So the curvature here helps to show that it's, you know, not just a white blob. It has some some shape and some depth each of the elements is identified by a line and a reference numeral. So the reference numeral here, 33 or one or 36. These are drawn in by hand, even though the drawing is a professional line drawing and they will correspond with the, you know, the paragraph in the description that deals with those allies. So you need to check after the description and the drawings are all complete. You need to check that those numbers correspond because in error and those, you know, the corresponds of those numbers can cause you significant problems down the line. Okay, so that was a perspective. You here's another angle of it actually, is the same view. It's just rotated. This is a cutaway view. So this is a cut away from the point of view off the like, the pressure shaft, the pressure pump aspect. So the surfaces here where they're not hollow, this is the shaft ist hollow, so you could see it has no Phil. These surfaces, though, are solid material that's been cut away. So they have a hatching in them to show that they are solid material and not just an empty empty space and hear similar. This is a different material. This has a different Hodgins again, the reference numerals along this line here, and just ensure that the lines don't don't interfere with your hachi, and then we have the final view Here is from the other side. It's a cut away from the other side and actually cuts away through the hot water and coffee container. Again, there's hatching in the coffee area. There's hatching in this material along here, which forms the outer casing of the hot water container, and then the, um, the pressure shaft is ghosted in behind, so it's not really shown in this view. It's behind this so you can show it as a ghost. But generally what we're doing here is this is the inventive aspect of the invention, So the inventor wants to show these aspects in detail. That's why the cutaway view so we could see what's going on inside, and we can describe what is new and how it works. 8. Drafting the Detailed Description: All right, So we have some drawings and the drawings are gonna form the basis for the detailed description. And now we're working on the detailed description. That's the meat of the matter. The detailed description is going to describe the aspects of your invention in detail so that, you know, you could claim what's necessary. But also you need to describe enough of the invention so that someone can reproduce it from the single document. So it needs to be detailed enough for an engineer se Teoh, to be able to build whatever your invention is. Okay, so we'll start with the figures and with reference to each of the figures. Maybe start with a perspective. You label in this figure one, and then, in the detailed description, we'll devote a paragraph or two to figure what So what we want to start with it is a description of the device is a whole, but how it, uh, fits together we'll start with the description of the device as a whole. So how it fits together, then we want to go through the components one by one, and we want to describe what the component is reference it with a reference numeral and on the drawings will have a lying to the component and the reference numeral that corresponds to the detailed description pointing to that item and a description off where it's situated , how it's may be connected to its neighboring components and then later on, once me. Once we've completed describing all the individual elements, we can describe how the invention works and how the elements work with each other to make the benefit hop. So for each of the figures, we can have a paragraph describing all the components in the figure and where those components are situated relative to others, what the components might be made out of if there's anything inventive in their how they might be fixed to the other components, some components of removable some components are, are glued in or well today and so on. Later on, we're looking at amalgamating the figures and describing how the invention works with reference to multiple. So once you've completed, each individual figure will describe how the parts work together. Then we're basically done that detailed description Now that's not to say that it's a straight board process. There's a lot involved in it. and you need Teoh. You need to be diligent, and the numbers need to match the reference numerals in drawing. So I hope you haven't already numbered drawings because we're going to number the drugs as we go through the detailed descriptions that they could be drugs couldn't numbers can be sequential and can show the various components of the invention. Let's get started and I'll show you an example from the coffee press. So here we are, looking at the detailed description. Now this is a time consuming process, but I'm going to give you an example of trying to break down this first image into a paragraph or two to describe it. So let me give you some structure just a moment. So what we're looking at here is a perspective. You and we can start with that first, to give you some structure will break it down into elements, the positioning, and I'll make the text little larger so everyone can see it. And that's big enough positioning of the elements and into rocks. Yes, you don't have to follow this exactly, but it will give you a structure so that you describe enough features about the invention. Usually what we see when when we look at patents that have been drafted by, you know, laypeople, inventors themselves rather than attorney. They're lacking in detail there more of a marketing document than a technical document. It needs to be more heavily weighted on the technical side of things. So try to just describe all the different aspects you can with regards to each of the elements. Andi, In later paragraphs, you can describe alternative embodiment. So just to give you an example, if we look over here, there's the water chamber. While the chamber can probably have a number of different shapes, doesn't need to be limited to that shape. So other embodiments may have different shapes for the water chamber. But this one has this particular kind of oval shape. So let's give some description here. Just gonna work away at it and do bit of a time lapse so you can see me putting together the first paragraph. We're gonna always reference each paragraph with the figure that we're looking at. Okay, now you can see we have the first. This is the first paragraph here, and what we're doing is described being first of identifying the figure. Secondly, we're describing the major components. So we have the pressure shaft here. I didn't call it a plunger because the plunger is what is within the pressure shaft. So we could just call pressure shaft. And the coffee infusion component consists of these three major components. Now, in the next paragraph, we're gonna be looking at breaking down those larger components into more detailed. Okay, now, the second paragraph here, we're discussing the rest of the features and they're not necessarily required. So the pressure gauges probably optional. The valve may or may not be optional, but it's not one of the core feature, so we're going to try to set it apart little bit. Okay, So in this paragraph here, we're looking at describing the shape and orientation. So the and we're looking at the potential materials, especially if there's anything novel and the materials that are being used. We could describe that here. We also want to make sure that the location of the confusion component at the side of the pressure shaft it's not, ah, necessity for to be at the side. It could be at the top or another location, so that is where the drawings kind of show one embodiment. You want to make sure the draft describes several different orientations that you're mentioned might take. As you can see, I also removed the word coffee from here, and that's just I was thinking it could be used for tea and your matey, other types of infusions and so on. So we don't want to limit the use to coffee so we could describe getting that may be used for coffee and other liquids. Or we may simply take out coffee and just use infusion. So I also mention that the water rose of war is a cap in in an embodiments. This is important if you want to make it, keep it broad for other embodiments. He can describe that it's in a particular embodiment, and other embodiments may not have that feature. So in this case here, I think the water reservoir is threaded and fits into, is threaded into the hole so that fit into the infusion component and describe that now obviously you can have other ways of putting the water in a container and then connecting it to the device so it could be by hoses it could be by, you know, pretty much a closed container that then interfaces and somehow opens up to release the water at the right moment. But as you can anticipate, um, we don't want to limit it. Teoh, Just a cap. Okay, so that's Ah, that's pretty good. Start for your description of Figure one now, in the remaining figures would be describing some of the smaller components and how they work. I'm not gonna go into detail with that in this, but you can play around with your invention and look at breaking it down into. Ideally, you want to have a very concrete idea of your preferred embodiment. And then from there you can try to be creative and think of other ways of executing the particular functions that you are you're covering off with your with the elements that you've chosen. Um, there may be ways that are not as useful as the elements you've chosen, but it's still something you want to cover off in the patent. In case competitors sees that you have a great idea and tries to work around, so you want to make it is difficult for them as possible. Teoh to reproduce your mention and gain the benefits of it. So it's so. I would start with one specific description of your preferred embodiment and the specific orientation that you have and then review it several more times and try to broaden and take out some of the more specific words, and either lump them into description of a particular embodiment or find better words that are, you know, have a broader meaning loss still being specific enough to describe how how the component works. Now, if you have any questions along the way, you want to get some feedback on some of the process of the patent preparation. You can submit some questions to me through the legs down below, or you can submit some of the content to me. But a Zai mentioned Please keep your invention confidential. Don't share the details of the invention itself. Be more than happy to help you with some stylistic tips and so on. 9. Completing and Filing your Patent: Okay, great. So now we finished the detailed description. The claims and everything seems to be coming together. So what we're looking at next is the final pieces of the puzzle. That's the summary, the abstract on the title. So the summary can be if you want a shortcut to the summary instead of writing a summary from scratch to describe that kind of highlights of the of the invention. Uh, you can take the claims and turn them into plain language and use them more or less as a layout for your summary. So the claims can be converted to plain English and used as the summary, and that'll save you some time. And otherwise, you can write some of your own features sometimes. But the summary is reviewed by safe, potential investors into your idea, so they may want to understand a little bit about the invention from the summary. So you may want to have an introductory paragraph or two describing you know what problem you're solving and so on. But for the meat of the matter in the summary, you may just draw on material claims, So that's one shortcut for summary. The abstract is basically 150 words. Some racing much shorter. So usually we use one of the independent claims for guidance on what the abstract should read. So in this case, you could take claim one. Turn it into plain language for, you know, for the purposes of summary, and then take that same description of Claim one and put it into the abstract. Just make sure its 150 words or less and that will complete the abstract and then finally, the title. So the title can be what the article was called in the preamble of the claims. So if you called it Coffee press or you had a liquid infusion device that will be the title , you want to keep it, general, you don't want to say, you know, espresso press, because then if it's useful for tedx on the road than the title, might limit the application of the invention to coffee, in which case you miss out on the tee market. So that's Ah, that's it, basically, to finish up the invention description so that will complete the materials off your patent application, and then the patent application gets ready for filing. So there's a couple of concepts, they should understand the stage. The first is who the inventors are. So the inventors are is anybody who has an inventive contribution so something that is described in the claims. So if your friends suggested you know modification, you tried dot it didn't work. They don't have to be listed as an inventor, but we recommend anyone who has invented contribution be listed as an inventor in the application. In fact, you're required to do so. Eso if in doubt, you could have someone listed, and then you could have their rights assigned back to you or to your company, etcetera. If you want to retain sole ownership over the invention now, the second concept to understand is ownership, So ownership is the assigned me. So an assignment is made from the inventor who's the first owner of the invention. Two. Usually a company works for or a corporation. Or, you know, if it's the inventions later sold, that it will be assigned to the purchaser of the So that's what those concepts are. We are at the USPTO website we're getting ready to file, so it's uspto dot gov. Click on patents right here, file online you can teach the second link here. TFS Web? Yeah. Best Web tillable forms. Here's the information disclosure statement to the application data Feet. This is the form that you'll file with the patent application. Okay, so now we have the application data sheet in front of us. The title of the invention here is going to be on the patent disclosure. Then we're gonna put in the legal name off the first inventor here. So prefix, Doctor. Mr Mrs First name Given name, family name suffix, city residents, US residency, non US residents. And then the city, state and country of residence mailing address is putting down here. Correspondent information could be a an attorney, for example, so that email etcetera is sent to an attorney. But in this case, if you want to file it yourself, you could just put your own email into the correspondents information on other emails here as necessary. The title of the invention is marked down here. Application type. Here, you get to choose whether it's a provisional or non provisional subject matter. It's gonna tell you utility, plant or design, we're gonna follow utility designers for the aesthetic features of a product and plant is for the plant breeding information for ah, plant breed. So we're filing utility here the total number of drawing sheets, if any, So you may have to three of drawings suggested figure for publication. You can recommend a figure that you want to appear on the front of the patent. So in this case, you know, it may be a perspective. You that's so what's typically selected for that. So filing by reference, if you have a earlier related application, you can file it. You could put the information in here so this might be where you fought a provisional and then the one year market filing non provisional. And you want the application to relate to that provisional. You can put the information in here down here you can request not to publish or early publication. Um, I would recommend just leaving it as a so usual clicked representative information domestic benefit National stage information. So this again is a priority document. So where you claim the benefit of a PCT application and this is a national intrigue into the U. S. We have a foreign priority so you could fall in Europe, for instance, it up the same one year period in which to file in the U. S. So you might put the European application information here. So then this is the applicant information. Remember, I was distinguishing between an inventor who has a part of the invention process, and the applicant is the one who will be overseeing the application. So usually in this case, it would be the sign who would then receive the rights to the invention, who will then prosecuted. So if you're just filing this for yourself, then you'll also be the applicants to put your name in under the applicant. Here, you can click Weathers aside. Me maybe legal representative or a joint inventor. A person to whom? The inventors, all the game to aside, that's if you're working for a company and in the contract, you are required to sign it and so on. So if you just filing it for yourself, then you won't click any of those put the information in here. And then it has also the down here. You have a room for another. Um, so is this the address? Well, that's the address for the applicant. This is a sign Easy down the US and you may be the same as the applicant. Or maybe nobody may just leave that blank. If if you're just filing for yourself than you would fill out to Steve in inventor and applicant and then here's your signature along with your date of signature and then printed first and last name. And then you will send that. Send that off with the five. Okay, this is your provisional application cover sheet, so a little more straightforward. Here's the inventor listed here. You can add additional inventors and it'll change. The form was the title of the invention. And then down here is the correspondence address that you have firmer individual name here and then you put the individual's name and address, and then the application here. Is it made by the US government dancers? No. And then on the next page, you have your signature here with the status micro or small, you want to make sure that if you claim micro entity that you actually qualify because it could lead to invalid either patents 10. Priority and International Filings: Okay, so you followed your application. You have your filing receipt, and now we're gonna talk about post filing consideration. So first of all, if you filed a provisional, it will expire in one year, So you need to file a non provisional to continue the protection. So docket the date in your calendar for one year or a little bit before, because you could add additional material to that non provisional when you file. Secondly, if you fall the non provisional, you can't add more material to that non provisional. You'd have to file a new application, but you have a one year period to file in other countries based on that non provisional. So docket that date. And if you get some traction for your invention, you can think about international filing, so those are the first dates that you should be putting down. Secondly, once the application issues, there's maintenance species that need to be paid to 3.5 year mark, the 7.5 year mark on the 11.5 year mark in the US In other countries, maintenance fees or annuities need to be paid practically every year. So in Canada. They start after the second year in Europe. I think it's a similar thing, but it's every year that these annuities need to be paid. So while you have a patent pending whether or not it's been issued, you need to pay these annuities to keep them patents valid. So so whatever application you filed that's going to start your time ticking. So you have a one year period to follow International now at the at the one year mark, you can foster the PCT application so PCT patent cooperation treaty It is basically a process that facilitates the filing into foreign countries, but also gives you a further delay before you have to do that. So if you file a normal application like a provisional or non provisional, you have a one year period. If you file a PCT application, you have 30 months from the earliest priority date. So if you fought a PCT application as your first obligation, which you can do, you have 30 months of validity before you have to choose countries to file it. Now if you fall two PCT, is the first application at the 30 month If you wanted protection in the U. S. You would have to follow US non provisional application at that time. Now the P C T. If you follow provisional and then you fall a PCT at the one year mark, then it'll give you a further 18 months, so it gives you a total amount of time to the earliest filing date of 30 months. So if you follow the one year mark for the PCT in 18 months, you'll have to fall national. So for the national filings, um, I'll give you some strategy pointers and basic general costs for the filing. So you know what to expect. A lot of them. Um, okay, so if they're in a foreign language, you need to file a translation of your application now. There are a few exceptions. Europe, even though a lot of foreign languages are used there, the application can be found in English under the E. P o regional filing program. So just Google BPO and have a look at that that covers. I think, about 32 countries in Europe. Um, and it's an expensive and time consuming process, but you get a lot of coverage for the money. So other countries that you could following directly, um is Canada could fall with English? With your English application, you can fall in England, you can fall South Africa. You could fall Australia, and I think that's it. For now, the rest would need translations. And if you're looking, you know, China or other countries, then you can usually find an associate online. Who can help you with that? But be careful. There's a lot of scam artists out there, and they may just take your money and not father applications. So, you know, buyer beware with four. And with foreign filings, you may want to get a patent attorney to help you organize the foreign filings and collaborate with foreign attorneys in order to, you know, kind of guarantee and streamline the process. However, you'll pay something for that oversight of that attorney. So that is it for for foreign filings. Keep in mind that if you miss those dates, then you can't fall in those countries anymore, and basically, your invention is then you know, public domain. So if you want to maintain production for the inventions, think about the markets where you'll be selling your product and cover those first some of the countries where you manufacture don't have the same rigid patent respect and protection that you get in sort of Western countries. So it may not be worthwhile filing there, but that having been said, China and Hong Kong and some other jurisdictions are increasing their protection on patents so that, you know their patents are also respected in other countries. So it's an ongoing process. But at this time I'd recommend filing in the markets you plan Teoh, sell that the product in So you know, generally Europe, us and maybe Canada, Australia in the mix That's up to you. But I wish you the very best of luck on your journey as an inventor.