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LOS ANGELES TIMES
17th Edition
Patent It
Yourself
Your Step-by-Step Guide to
Filing at the U.S. Patent Office
Patent Attorneys David Pressman
and Thomas J. Tuytschaevers
SEVENTEENTH EDITION SEPTEMBER 2014
Editor RICHARD STIM
Cover Design SUSAN PUTNEY
TERRI HEARSH
Book Design
Proofreading ROBERT WELLS
Index JULIE SHAWVAN
Printing BANG PRINTING
ISSN: 1554-9925 (print)
ISSN: 2371-9966 (online)
ISBN: 978-1-4133-2044-2 (pbk)
ISBN: 978-1-41332045-9 (epub ebook) This book covers only United States law, unless it
specifically states otherwise.
Copyright © 1985, 1995, 1996, 1997, 1998, 2000, 2002, 2003, 2004, 2005, 2006, 2008, 2009,
2011, and 2012 by David Pressman. Copyright © 2014 by David Pressman and Nolo. All rights
reserved. The NOLO trademark is registered in the U.S. Patent and Trademark Office. Printed in
the U.S.A.
No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any
form or by any means, electronic, mechanical, photocopying, recording, or otherwise without
prior written permission. Reproduction prohibitions do not apply to the forms contained in this
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premium sales, please contact the Special Sales Department. Nolo, 950 Parker Street, Berkeley,
California 94710.
Please note
We believe accurate, plain-English legal information should
help you solve many of your own legal problems. But this text
is not a substitute for personalized advice from a
knowledgeable lawyer. If you want the help of a trained
professional—and we’ll always point out situations in which
we think that’s a good idea—consult an attorney licensed to
practice in your state.
Acknowledgments
My deep thanks go to my clients, and other inventors whose creativity
and genius I so greatly admire and envy. My readers have given me
much valuable feedback and suggestions, and I am grateful to them as
well.
I also thank the staff at Nolo, including Richard Stim, Steve Elias,
Stephanie Harolde, and Ralph Warner for their ideas, contributions, and
support, and, especially, Terri Hearsh for substantially improving the
look and feel of the book.
Finally, I thank my wife Roberta for her unflagging support and
contributions.
—David Pressman
Thanks to David Pressman for his confidence in allowing me to advance
this important work, and to Rich Stim at Nolo for his guidance through
the process. Thanks also to Bruce Sunstein, Steve Saunders, and all my
mentors at Sunstein Kann Murphy and Timbers LLP. Thanks to Terry and
Joann Tuytschaevers, sine qua non, Bill and Nancy, sine qua non, and to
Lindsley, Jillian, and Serena, for their unfailing support.
—Thomas J. Tuytschaevers
About the Authors
David Pressman is a member of the California and Patent and
Trademark Office bars. He’s had over 45 years’ experience in the patent
profession, as a patent examiner for the U.S. Patent Office, a patent
attorney for Philco-Ford Corp., Elco Corp., and Varian Associates, as a
columnist for EDN Magazine and Entrepreneur.com, and as an instructor
at San Francisco State University. He contributed the Patent, Trademark
and Copyright entries to the World Book Encyclopedia. He’s also an
inventor, with two patents issued. When not writing, dabbling in
electronics, programming, inventing, or playing his trumpet, he practices
as a patent lawyer in San Francisco. Originally from Philadelphia, he has
a BS in Electrical Engineering from Pennsylvania State University. He
spent his first year in law school at the University of Pennsylvania and
completed his second and third years at George Washington University,
where he served on the Law Review and received a Juris Doctor degree.
He is also active in the general semantics and vegetarian movements. His
mother, Mildred Phillips, was also a writer, having composed lyrics for
numerous published songs, including Bill Haley’s “Mambo Rock.”
Thomas J. Tuytschaevers is a patent attorney at Sunstein Kann Murphy
and Timbers, in Boston, and is a member of the U.S. Patent and
Trademark Office, Massachusetts and Rhode Island bars. Tom also
teaches intellectual property law to graduate students at Northeastern
University. Tom received his B.S. in Electrical Engineering from
Northeastern University, and worked as a radar engineer at Raytheon
Co. for several years prior to law school. After receiving a Juris Doctor
degree from the Pepperdine University School of Law, Tom worked as a
corporate attorney, and served as the in-house patent attorney at Analog
Devices, Inc., for ten years. When not counseling clients and teaching
students, Tom enjoys skiing, kayaking, and threatening to catch fish.
Table of Contents
Your Legal Companion
A. You Don’t Have to Use a Patent Attorney
B. A Layperson Can Do a Quality Job
C. Using an Attorney
D. Should You Do It Yourself?
E. The Seventeenth Edition
F. How to Use Patent It Yourself
1
Introduction to Patents and Other Intellectual
Property
A. What Is a Patent and Who Can Apply for It?
B. The Three Types of Patents
C. The Novelty and Unobviousness Requirement
D. How Long Do Patent Rights Last?
E. Patent Filing Deadlines
F. Patent Fees
G. The Scope of the Patent
H. How Patent Rights Can Be Lost
I. What Rights a Patent Grants and the Prior-Art Reference Value of
a Patent
J. What Can’t Be Patented
K. Some Common Patent Misconceptions
