Schwartz Utility Patenting for IP SAVVYS

The DIAAY (Do It Almost All Yourself) Utility Patenting Classic
1. Auflage 2021
ISBN: 978-1-0983-9157-7
Verlag: BookBaby
Format: EPUB
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 218 Seiten

Hello, my name is David Schwartz. I'm the original inventor of the surface computer, serial entrepreneur of 3 start-ups, creator of the on-line course Intellectual Property BoostCamp, and the author of IP SAVVYS. I want to tell you more about my new book, Utility Patenting for IP SAVVYS. It is a crash course on utility patenting for both innovators and patent counsel alike. I share my lessons learned over 30 years patenting pro se, filing globally, and licensing for revenues on royalty bearing sales. My objective is to complement my on-line course with a one-stop read that demystifies the process of preparing and filing utility patents with sustainable competitive advantage. Everything is explained in non-legalease language from the inventor point of view. The book is laid out with concise infographics and easy to digest patent tips and tricks that will give you 20-20 hindsight into what to do, what to say, and when as you journey down the IP corridor of uncertainty. My core teaching is an engineering discipline for utility patenting I have coined 'The Schwartz Method'. It is a proven framework for patent drafting and the only method you will need in your tool-bag for securing utility patents that issue with clean file wrappers and claims scoped to your intended monopoly rights. Use the book as a stand-alone resource to refocus your IP workflow or use it in combination with my on-line course to boost your team's savvy and ensure everyone's in the IP zone together. Get started today and rein in millions of future value by building a strong patent foundation using TSM. Dedication: To my Alma Maters, Cornell MIT BU/SMG, for the educational foundation that inspired me to learn, invent, create, and build value for the world. To my wife Sharon and our two sons Adam and Zack for their trust, collaboration, and steadfast encouragement in my journey down the IP corridor of uncertainty on my pathway to patentship and entrepreneurship.

Autoren/Hrsg.

Schwartz, David

Leseproben

PART 2 Changing your utility patenting conversation with The Schwartz Method (TSM) 4.0 Changing your Utility Patenting Conversation 4.1 Changing your IP conversation: Changing what? With whom? How? The entire IP-BC online course is designed to give you the framework and methods for changing your IP conversation about everything utility patent. So, for each of the steps outlined in Part 1, there are preferred ways to deal with the before, during, and after phases of converting an idea into a patent. This means you should learn a solid UPL along with a GP framework that make patenting into an engineering science, and you should find the best way to apply that new knowledge to your pathway to patentship. If you take the IP SAVVYS approach, you will have that discipline combined with new, different, and better conversations about drafting, prosecution, and commercialization. Let’s see how all of this can play out. As in any good story, if it’s possible to use a metaphor to explore an idea use it. Alan Kaye said years back, a picture is worth a thousand words, but a metaphor is worth a thousand pictures. In all of the descriptive matter delivered here in this book and in my online course, I try to hold true to that paradigm for explaining how to get utility patents with sustainable competitive advantage. Assuredly, you will engage with patent counsel at one point or another as you open each door along the IP corridor of uncertainty, and at each point the conversation will be different. At the end of the day, to be organized in pursuit of utility patents, everyone needs to use the same language and guiding principles—otherwise it’s chaos. Fig.7 Let IP SAVVYS approach be your orgitol pill for both innovator and patent counsel Not only do you want to avoid chaos, but I assure you your patent counsel doesn’t want chaos either. By getting on the same page, you will accelerate down the utility patenting learning curve together. Here’s how we think about this book: make IP SAVVYS method the orgitol capsule that organizes both innovator and counsel. Any part of the conversation is comprised of complex talking points. What if both innovator and IP counsel took a magic potion that got them organized with a newfound love? (Vignette #1, https://www.ipboostcamp.com). Since each person has a different set of utility patent goals and objectives, they will experience unique conversations with utility patent experts that have differing understandings, skill sets, and motivations. I seek to offer an organized point of view and language that aligns these conversations and turns an otherwise ad hoc process into a mutually organized and highly productive one. Even if some part of what I share here is familiar, I guarantee the more you know about the Schwartz Method and BBT, the easier it will be to change the IP conversation you are having with others in the IP hunt, forever and for the better. Using our UPL and GP, you can turn your IP pathway to patentship from a walk of shame or a walk of pain into a walk of fame. The key idea in changing the IP conversation about utility patenting is keeping you out of the “argument room” as you open each door (covered in my IP-BC online course with a video clip in the starter-kit Monty Python vignette called “Worth the Price of Admission”). 4.2 The nature of the conversation Everyone’s IP goals are different, so there is no one conversation about utility patenting. However, there are some fundamentals that will guide you. If everyone gets it—that is, is IP savvy, then the considerations and conversations should be like the Mona Lisa smile, seen in more or less the same way, even though viewed from different angles. In this vignette, the idea of GP can be made more clearly. GP represents the values. Fig.8 Pathway to patentship and GP as the values When immigrants arrive at the Statue of Liberty, not only do they make a choice to speak a common language, but they also share a set of common values. In my effort to develop the contents of this book and the accompanying course, IP-BC, I advocate for and deliver a common UPL for drafting utility patents, along with a set of GP rules on how to draft a patent using the Schwartz Patent Rubric. This is covered as Vignette #2, https://www.ipboostcamp.com. Using this framework, having a readily shared “grammar” and “semantic rules” all can agree on, offers a pathway to patentship in a similar way to how the English language and the values of the US Constitution offer a pathway to US citizenship. Summarizing, the key idea here is to get everyone into the IP Zone. You can think about the IP Zone in at least two ways. One is the macro point of view. In this view, a company’s business interests hinge on the interests of its people within the ecosystem in which they are commercially engaged. Fig 9. The IP Zone as a Venn diagram of intersecting interests In the second view, you can map out the goals of the people and see how their deeper interests, IP roles, and tasking create a framework with complex and competing objectives that need to be in dynamic stability for it to function. Fig.10 The IP Zone as the intersection of mutual goals and objectives of IP cohorts The innovator/inventor runs up the stairs every day with a vision and intentions to change the world. Patent counsel seeks to be his or her able-bodied assistant in securing the monopoly rights that a patent confers (the kingmaker). Much as in any relationship, the more you mindfully share with one another, the more likely you will be to succeed. At the same time, there are some clear turning points where the choice of what to say and who to say it to will impact your utility patenting quality and speed. In reprocessing this guide, I seek to inform and enlighten future IP conversations by helping identify the goals and objectives of each hunter and what part of the patenting jigsaw puzzle they are tasked to solve. Their roles may or may not match their titles, but after rationalizing the IP workflows using our UPL and GP, some of that may change too as you rethink who does what, when, and how. Turning points with patent counsel have triggers that are more urgent and riskier. Those conversations are the most critical. I point out numerous dimensions of this in what follows. For example, if you are about to do a public disclosure of critical elements of your P-E, you will trigger a bunch of things on the patenting pathway, not to mention the one-year rule. This will also raise an alarm for securing international rights. But let’s not get ahead of ourselves or confuse and strike fear in hearts by identifying risks, tactics, and strategies until we have covered the fundamental truths. Then you can use those truths to make more informed choices at each step. 4.3 Reminder: Truths, trade-offs, and the before-during-after approach There are many, many considerations in pursuing a utility patent or portfolio, among them MPEP rules, issues of ownership, language when drafting and finalizing claims and filing, timing, use and role of prior art, explicit US Patent Office requirements for submission, prosecution sequences for the patent application and its file wrapper, the scope of allowances, and post-publication and post-issuance considerations. These considerations need to be tempered by threats, costs, and business considerations. Fig. 11 Misconceptions: Myths vs Facts By separating truths from trade-offs, I seek to enable mutual understanding about the reality of preparing and filing utility patents at the lowest cost. I hold onto this consistently throughout this book and my course. There are numerous additional postings on my blog about these considerations for members of the course (https://www.ipboostcamp.com/blog). Another approach to telling the truth without being an alarmist is delivered in how I sort out the phases, keeping to the before, during, and after approach in telling the conversion story, making things clearer and ensuring you are better informed. How you engage others with these insights will determine your unique IP conversations. During each complex conversation, keep Schwartz on your shoulder, “fly your helicopter up 1000’, and look down at yourself.” This will be the most mindful way to integrate all of the points of view at play in your IP landscape. A fundamental guiding principle is the Schwartz Patent Rubric. It derives from what a patent looks like in the MPEP representation. In principle, they are one and the same, because if there was any difference, then what I am sharing would not serve to get a utility patent on file that can be examined on its merits and allowed with published patent rights. Simply, the Schwartz Patent Rubric is the secret sauce on how to understand the internal semantics of a patent allowing you to separate the creation of one from the section by section formatting of one. It comprises the Schwartz Method, which is the way a patent is constructed. It includes universal definitions for each part of what is inside your patent along with semantics for all of the interdependencies among the patent sections. It is comprised of a set of iterative steps that ensures the elements that should be constructed first are represented first. It provides a simple order of creation, permitting clarity for each patenting milestone, at the lowest cost and with the minimal things needed to move...