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Week 3 of 13: Strong Utility Patents: Claims, Drawings, Description, and Avoiding Pitfalls with Wayne Carroll - “ Leveraging INSPIRATION: The Inspired Patent Podcast  - Intellectual Property Strategy for Startups & Small Business”

26/4/2023

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S1 W3 E9-12 Leveraging INSPIRATION: The Inspired Patent Podcast

Wayne Carroll - “ Leveraging INSPIRATION: The Inspired Patent Podcast  - Intellectual Property Strategy for Startups & Small Business” 
IBGR.Network...The World of Business at Your Fingertips

Week 3 of 13: Strong Utility Patents: Claims, Drawings, Description, and Avoiding Pitfalls

E9: Building a Strong Bridge: Understanding the Importance of Patent Claims
E10: Utility Patent Drawings: What You Need to Know to Avoid Costly Mistakes
E11: Preventing Patent Profanity In Your Patent
E12: Avoiding Prior Art Declarations - Essential Tips!

S13 E9 Building a Strong Bridge: Understanding the Importance of Patent Claims

Patents are like a bridge. In student STEM competitions, small bridges are built by students and then tested with weights to see which bridge will hold the most weight before breaking. Patents are not “weight tested” until they are litigated, and the defendant tries to break the patent. Some patents will break easily, and others do not break.


When your business is relying on the strength of a patent to gain advantages in the marketplace, knowing if your patent is weak or strong can help you make good business decisions and not waste money on battles that you will not win. 

 If you're a small business owner or entrepreneur looking to protect your inventions, be sure to subscribe to our podcast and book a call with us to discuss your patent strategy.

What you need to know
  • Know what makes a patent strong or weak and how to see the difference.
  • Understand the patent rights in your patent claims before they are final and cannot be easily changed.
  • Know what a patent covers and what it does not cover by reading the claims.
  • Mistakes to look for when your attorney is drafting a patent application.

What you need to do
  • Conduct a patentability search to determine whether your invention is eligible for a utility patent and then discuss with your patent attorney what can and cannot be covered based on the search results.
  • Work with a patent attorney to draft a detailed utility patent application that includes strong patent claims.
  • Read the patent claims BEFORE the patent is filed, and ask questions about the claims and what they cover. You can make your patent stronger by asking questions and guiding your attorney.

TAKE ACTION
Book a call with patent attorney Wayne Carroll to discuss your patent strategy and start taking steps to protect your invention today!

The next episode is about patent drawings, and how to avoid costly mistakes.
 
BIO: 

Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.  

In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.  

Schedule an appointment with Wayne Carroll for a strategy session on how to protect and leverage your intellectual property.


TAGS: #patentclaims #patentstrategy #smallbusiness #entrepreneur #intellectualproperty #utilitypatent #patentabilitysearch #patentapplication #patentattorney #InspiredIdeaSolutions #WayneCarroll #podcast #protectyourinvention #LeveragingInspiration #inspiredpatent


S1 E10 Utility Patent Drawings - Avoid Costly Mistakes 
Did you know that Utility Patent drawings can make or break your patent application? In fact, poor-quality drawings can even lead to rejection by the Patent Office. Let's learn how to avoid those mistakes and make your patent application successful!

Utility Patent drawings play a crucial role in a patent application. They help to explain the invention and illustrate the details, functions, and operation of the invention. Therefore, it's important to know what to include and not include in your drawings and how to meet the patent office standards to ensure your patent application is approved.
​

What you need to know
To create successful Utility Patent drawings, you need to know:
  • The patent office standards and requirements for drawings
  • The inventor can provide “napkin” drawings or completed CAD drawings
  • What to include and not include in your drawings
  • How to identify mistakes or omissions from your draftsman or patent attorney
  • How to use different views, cross-sections, and shading to enhance the understanding of the invention


What you need to do
Here are the steps you need to take to create successful Utility Patent drawings:
  • Work with a skilled draftsman or patent illustrator who has experience in creating Utility Patent drawings
  • Provide detailed and accurate information about the invention to the draftsman
  • Review the drafts carefully and identify any mistakes, omissions, or inconsistencies
  • Ask questions and point out anything that is not correct
  • Don’t put too many details in the drawings

TAKE ACTION
Don't risk losing your patent application due to poor quality drawings. Subscribe to our podcast and book a call with us to discuss your patent strategy and get expert guidance on creating successful Utility Patent drawings.

Our next episode covers patent profanity and what you DON’T want in your written description


BIO: Wayne Carroll is a highly experienced intellectual property lawyer with over 15 years of experience. He holds a Juris Doctor degree with a concentration in Intellectual Property Law from Suffolk University Law School, as well as an undergraduate degree in Electronic Engineering Technology from DeVry University. Wayne is the CEO and Attorney at Inspired Idea Solutions, LLC, a firm he founded in 2013, where he specializes in patent strategy, patent prosecution, trademark strategy and registration, and copyright litigation.

In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.  

Schedule an appointment with Wayne Carroll for a strategy session on how to protect and leverage your intellectual property.

TAGS: IP Strategy, Business Strategy, Patent Protection, Trademark Protection, Copyright Protection, Trade Secret Protection, Patent Claims, Security Review, Communication with Attorney, IP Goals, Wayne Carroll, Inspired Idea Solutions, Patent Strategy, Trademark Strategy, Copyright Strategy, Legal Expertise, Asset Protection, Strategy Session, Protecting Intellectual Property, Leveraging Intellectual Property


S13 E11 Preventing Patent Profanity

Have you played the game of “Taboo”? This is a game that skilled patent attorneys play every day to avoid “Patent Profanity”. Having the wrong language in a patent can cost companies millions of dollars. If your patent has certain words, they might severely limit the  Patent Profanity, "The written description is the backbone of a patent application, and it can make or break your case. It's like the foundation of a building - if it's not strong, the whole thing could collapse."

Knowing what to include and not include in your written description can make a significant difference in the success of your patent application. A well-written description can help to clearly define the invention and provide a solid foundation for your claims. Conversely, a poorly written description has been a critical factor in the defeat of patent owners in court.

What you need to know.
Patent profanity refers to the use of vague or generic terms in patent applications, which can lead to the patent being invalidated or narrowed down in scope. In the case of T-Mobile USA, Inc. and Mylan Pharmaceuticals, Inc., the use of certain phrases such as "very important feature" and "key feature" in the patent applications played a crucial role in determining the outcome of the case. Conversely, in Biovail Corporation International v. Andrx Pharmaceuticals, Inc. and Microsoft Corporation's case against Research Corporation Technologies, Inc., the use of specific language like "necessarily," "present invention," and "objects of the invention" led to limitations on the scope of the patent protection. Therefore, it is essential to avoid patent profanity while drafting a patent application to ensure its validity and protect its scope.

What you need to do.
Many people who learn a new language by living in a foreign county learn profanity first. Learn the profanity in patents so you do not cripple your hard work and investment in patents. 

TAKE ACTION
Get a free review of your patent. Book a call with patent attorney Wayne Carroll to discuss your patent application and get the help you need to ensure its success.
 
In our next episode, we are discussion avoiding shooting your patent in the foot with prior art declarations.

BIO:
Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.  

In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.  

Schedule an appointment with Wayne Carroll for a strategy session on how to protect and leverage your intellectual property.


TAGS: intellectual property, patents, trademarks, copyright, trade secrets, protection, invention, first-to-file, first-to-invent, confidentiality, publication, trademark application, copyright registration, trade secret protection, Wayne Carroll, Inspired Idea Solutions, strategy session, safeguarding intellectual property rights


S13 E12 Don’t Shoot Your Patent in the Foot - No Prior Art Admissions

Did you know that declarations of prior art in your Utility Patent background section can actually harm your chances of approval?

When it comes to Utility Patent applications, the background section serves an important purpose in setting the context and explaining the problem that the invention solves. However, including declarations of prior art can have negative consequences, including limiting the scope of your patent and potentially inviting rejections from the examiner. It's important to understand how to avoid this pitfall in order to maximize your chances of success.

What you need to know 
In the background section of your Utility Patent, it's important to focus on providing a clear and concise explanation of the problem that the invention solves, without making any declarations of prior art. This means avoiding language that suggests that the problem is well-known or that others have attempted to solve it in a similar way.

What you need to do
When drafting your Utility Patent application, it's important to work closely with a patent attorney or agent who can guide you through the process and help you avoid common pitfalls. They can help you craft a strong background section that effectively sets the context for your invention without undermining your chances of success.

TAKE ACTION 
Subscribe to this Podcast and listen to the prior episodes. Learn how to leverage your inspiration, 13 minutes at a time.


Next week:  Maximizing Trademark Protection: First Use, Research Strategies, and Start Strong and Finish Strong

BIO: Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.  

In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.  

Schedule an appointment with Wayne Carroll for a strategy session on how to protect and leverage your intellectual property.


TAGS: Secret recipe, trade secret, intellectual property, invention, brand launch, customer list, supplier list, marketing plan, business plan, skilled employees, security, Wayne Carroll, patent strategy, patent prosecution, trademark strategy, trademark registration


Make sure you leave some thoughts in the comment section below. We are interested in continuing the conversation.

Connect with Wayne on LinkedIn
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