The US patent office (USPTO) has four legal requirements that a new invention must meet in order to be patentable. It must fall into one of the USPTOs Statutory Classifications, it must be Novel, and it must be non-obvious to someone knowledgeable in the field of the invention, and it must be useful.
I’m currently getting ready to file a provisional patent application (PPA), and I’m in the process of writing the application. That will buy me some time as I will have one year from filing the PPA until I have to file a real patent application.
I’ve introduced my invention, a selective asparagus harvester, to the public by putting it up on a website. Having disclosed the invention to the public starts a one year clock ticking upon which a patent, real or provisional, must be filed to retain the patent rights.
I’ve chosen to stall having to spend $5,000 to $10,000 on a patent attorney as long as possible while I try to market the invention online. By filing the PPA I delay the date I have to file the real application by a year.
The first test, does it fall within one of the statutory classes, process, machine, manufacture, composition, or new use is easy enough. It’s a machine.
The second test, is it novel is one that I have to make sure is included in the text of my PPA. The PPA does not require claims like a real application. What it requires is that you provide a detailed clear comprehensive description of your invention. If any aspects of your invention are not included in the PPA they will not be covered.
I happen to already have a patent on an asparagus harvester issued on April 23, 1985, patent number 4,512,145. That machine never made it to market, but I’ve now made improvements on it and the improvements are what I hope to obtain a patent or patents on.
There does not seem to be any new patents that show anything to hinder my obtaining new patents on my machine.
Novelty
Back to the novelty test… One of the changes I’ve made is in the cutters. Formerly the air cylinders required a second rod, a “guide rod” tied to and traveling with the piston rod to keep the piston rod from rotating. Rotating the piston rod will rotate the blade causing it to not be horizontal with the ground and possibly missing the spear you are trying to cut.
The problem was that the “guide rod” would not hold up for long before breaking. We tried all kinds of things, different sized rods, different methods of attaching the rod to the piston rod, welding, bolting, threaded connections, etc. They guide rods always broke and the nuts and bolts would always come lose… usually within minutes of beginning operation.
The novel method I discovered for keeping the blade in the proper horizontal plane is to use gravity. I dog-legged the blade mounts on the piston rod so that the blade and the heaviest part of the blade mount were off-set from the centerline of the piston rod. Thus gravity would pull the blade down to horizontal.
I consider this a novel new method and device for preventing blade rotation on an asparagus harvester. I can find no patents that teach anything about blade rotation and preventing it. I have found no patents that teaches off-setting the cutting blades. It looks promising to me.
Non-obviousness
The non-obviousness test would be my next challenge. According to my understanding the new invention must create some new an unexpected result. Let’s examine some background around the blade rotation issue.
If a guide rod or some other method of preventing piston rotation is not used with a standard pneumatic cylinder actuator they will rotate if an uneven force is placed on the blade that results in a torque (rotational force) on the piston rod. We ran into this problem on our earliest prototypes. Thereafter we used guide rods.
Persons familiar with pneumatic cylinder applications in industry are acquainted with guide rods as they are widespread in manufacturing operations throughout the world. Common alternatives include oval, square, and rectangular pistons and/or piston rods and piston rod bushings. Sometimes the guide rods are mounted internally to the cylinder and more often they are externally mounted.
Another method of preventing piston rod rotation is to use double side-by-side pistons and/or piston rod assemblies.
Another reason it isn’t obvious is that when the blades are in their retracted position the friction of the seals hold the blade in whatever position they were in when they reached the fully retracted position. You can fairly easily rotate the blades by pushing on them with your and or by using some other moderate force to apply torque to the piston rod.
When the piston rod assembly is in motion either extending or retracting the friction between the seals and the moving surfaces becomes near zero, allowing gravity to pull the dog-legged blades down into their lowest energy state, horizontal to the ground.
Thus, when the blade strikes the ground and the forces cause the piston rod to rotate, gravity will return the blade to horizontal as the blade retracts. If the blade does not make it back to horizontal by the time it is fully retracted then it will normally finish the job on the way back down, before it engages a spear.
There is one element of danger here. I haven’t done anything but an online computer search and thus might easily have missed an important piece of prior art that an actual professionally done search by a professional searcher at the patent office might uncover.
Hopefully that will be enough to show the patent examiner that my invention is indeed non-obvious.
Passing the final legal criteria, that the device be useful is obviously not a problem. It harvests asparagus much faster than a human can do it by hand.
Posts Tagged ‘Application’
My Patent Application ? Will It Pass the Novelty and Non-obviousness Tests?
Planning Web Application Development
Planning web application development is easier said than done. The first that is needed for any web application is an idea. Now you need to know how to realize this idea and get started. Starting a web project and completing it can be one of the most daunting tasks ever handled by you. You just cannot barge in any web design service providing firm and tell them about your idea and ask them to create a web application out of it.
How are you going to convince the web design firm about the utility and feasibility of the idea if transformed into a web application?
The life cycle of any web application is usually much longer than what one would expect it to be. There needs a lot of research to be done. Concise and clear expectations and goals have to be set. The research needs to be completed within a specific duration of time; otherwise the research stage would seem never to end. A lot of mapping and designing has to be done within limited time so that the web application is launched on the set date.
When any client goes to a professional web application developer, the developer needs to first study the need and utility of the web application. The developer needs to be explained about the application so that he/she understands it thoroughly. The developer needs to also understand the possible problems that are going to be faced during the web application development process. The goal of the web application needs to be clarified. Then the overview of the whole web application development project is to be planned. The foundation of the project needs to be good so that the application development project is restricted to limited time duration, budget and prospects.
Some people think of planning a web application development to be just waste of time, money and resources but there are sound justifications favoring the need of planning.
Some of these justifications are as follows.
Only the needed features are to be incorporated on to the web application.
The features and/or functionality of the application can be made very clear if proper planning is done.
Only the needed features are to be incorporated on to the web application.
The features and/or functionality of the application can be made very clear if proper planning is done.
A blueprint or a road map needs to be planned and followed. This assists the project to proceed in a right direction. If the project is going astray or awry the deviation can easily be identified.Â
One of the most critical issues at customized web application development is the timely completion of the project within the specified time limits. The delay in delivery of the web application is usually due to time management. When the client seeks repetitive changes in the web application, especially when the project is half completed the web application developer, the duration of the completion of the web application is going to prolong. Completion of the web application project within a specified time frame needs the application developer to proceed with the project as per the planning and within the set time frame.
Systematic and structured planning and implementation are the bench mark of an experienced and professional web application developer.
Copyright © 2011
First-rate Android Application Development
Android application development is now becoming a need rather than luxury. This is attributed to the popularity of the Android smart phone. As the users of Android phones increase, a different market segment is being created. In these times of taut competition no business can afford to ignore even a single customer and this involves catering to a market segment that accesses the internet through the android phone. Now the websites need to be compatible with the Android phones too. Some of the factors that are vital for an excellent Android application development are as follows.
Concept Development:The concept should be economically feasible when presented on the Android through the internet. The concept should be of some use to the Android users, then and then only it will be bought by them. The concept needs to be unique and not an exact replica of some application that is already present. If there is another application of similar kind, then extra or additional attributes have to be developed to appeal to the buyers of that application. If the concept caters to the current need of the users then the application developed can be made appealing and commercially viable. This implies that the start of the application development should be perfect.
Time Duration:Time is a vital element in the success of an Android application. The Android application developed should be such that it takes the least possible time to set up. The process of this should be as simple as possible. The users can get irritated if the procedure to set up the application is complicated and takes a longer time. If the downloading time and the time required to operate the application is prolonged it could adversely affect the market of the application because the telecommunications service providers charge bills with reference to the time.
Utility:The user should find the application easy to use. Any application developer who is buyer oriented is going to develop the application in such a way that the buyer finds it easy to use. The more the utility of the application, the more popular it becomes. The popularity of the application has a direct positive influence on the success and revenue generating capacity of the application.
Development and Technicalities:The conversion of the idea into concept and finally into an application involves a lot of technicalities and considerations. The developer should know the coding language thoroughly so that the application is compatible with the operating system and platform of the Android. The resolution of the content should be quite high. The use of the scroll bar should be minimized and if possible avoided. The application when finally developed should be an eye catcher. When the application is developed and about to be put forth the Android users, it is better to check its appearance and working on an Android phone.
Hire the services of a professional Android application developer who knows the niceties of Android application development and has enough experience and expertise in it.
Copyright © 2011
File that Provisional Patent Application Instead?
Generally, as opposed to filing a regular utility patent application and entering the patent process, filing a provisional application for patent is not recommended. Don’t just listen to other inventors, you must do your own research. But it can be used to your strategic advantage.
First, it’s a lot cheaper to do and you get Patent Pending status right away. You will be able to mark your products based on your invention as Patent Pending. Maybe you don’t even care about getting a patent in the end because you just want the attributes of being patent pending. The public or your investors may be more likely to trust your products.
Second, you’ll get a whole year to think things through and work on your invention. There are no such things as provisional patents. So, at the expiration of one year after filing your provisional application, you must file your non-provisional patent application. You get a whole year with patent pending status to think about whether going through the whole process is worth it. If you’ve tested the market and see that it’s not worth it, then you’ve saved your time and money.
Third, if you don’t care about claiming patent pending status, then you can use a provisional to extend the time you have before you must file your non-provisional. You should know that you have one year from your public disclosure to file a patent application. So, basically, this extends your one year after your public disclosure by one more year. Now, you have two years to decide whether going into the patent process is worth it.
Lastly, watch out for companies that file provisionals without explaining to you all the pros and cons of provisionals. You must ensure that your provisional properly discloses your invention and does not limit it in such a way that later when you file your non-provisional you will be unable to use your provisional as your priority date. This would make your provisional worthless. Just something to be careful about.
I suggest you look into it before you file a patent application, provisional or not.
Web Application Development: Overview of the Process
Web Application Development growth has been exponential ever since the internet has found entry into the places that are usually not accessible to any business representative. The interactive of the web application is the primary concern of the web designer just because at the end of the day, the revenue generation is going to be directly dependent on the B2C and B2B interactions of the web application.
The process of web application development can be segregated into 4 stages.
Stage 1: Defining the ApplicationThe first stage of web application development needs to serve as preparatory platform of the web application. The scope of the application needs to be clarified. This stage determines the goal, purpose, direction and features of the application project. The economic feasibility of the project needs to be studied and analyzed. This stage includes the scheduling of the time frame within which the web application development process needs to be completed. The future projections and objectives need to be ascertained.
The last step of this stage is the documentation of what needs to be achieved with the help of the web application. This stage should serve as a guideline for the other stages that follow.
Stage 2: Identification of resourcesFor any web application development a set of resources is needed. The resources include the visual and functional specifications that are needed to make the web application attractive. Appropriate techniques and technology need to be listed so that the web application is easy to download and use. The architecture of the web application needs to be schemed in this second stage of application development. It is in this stage that the scripting of the application and timing of project completion is worked out.
Stage 3: Web application developmentIt is in this third stage that the framework and the structure of the web application are created. The data variables are identified. This stage involves the determination of the procedure of coding and the entities that are to be used. There is customization of the libraries, web application model and the classes. This stage culminates with the complete development and preliminary implementation of the web application.
Stage 4: TestingThis final stage of the web application development process is very crucial. It is in this stage that the preliminary implementation of the web application is tested for meeting the purpose with which it is designed and developed. The security and functional perspective of the web application is checked. If any issues are identified, they are resolved before getting escalated. All measures are taken to make the application fully stable, functional and secured. This stage serves as a platform for not only launching the application into the market but also directing the functioning of the customer support department.
A professional web application development service provider needs to be transparent and update the client with progress at every stage.
Copyright © 2011
iPhone Application Development – Guidelines To Find The Best iPhone Application Developer
iPhone application development has become a necessity every since the iPhone became empowered to allow its users to have accesses to the internet. The mind boggling features that were already built in the iPhone include the big touch screen, 2megapixel camera, Bluetooth facility, internet surfing, phone, sending and receiving text messages, large memory size, and the media player.
The letter “i” in iPhone stands for individuality. When it stands for individuality it conveys to the extent of customization that can be brought into the iPhone just by adding on the iPhone applications. The features of the iPhone can be extended beyond one’s wildest imagination. It is this capability of the iPhone that makes it very popular among the masses.
The growth of iPhone sales is growing very fast. The website that were earlier made to be compatible with the operating system and the platform of the desktop PC and laptops have to be now compatible with the iPhone device too.
There are now a number of iPhone application developers in the market and selecting the most appropriate could be a difficult decision. Following are some of the guidelines to make this task a bit easier.
Experience:The more the experience the better is the quality of the services provided. The iPhone application developers know this. There are many making tall claims of experience. It is always better to counter check whether the experience claimed by the developer is genuine or farce.
Technical knowhow:The personnel employed by the application development company should be technically sound. They should know the best way to convert an idea into an application and make it meaningful and easy to use. The developer should also know how to make the application compatible with other operating systems and platforms, especially those of Blackberry and Android. This can save extra expenses.
Feedback and testimonials:One should not totally rely on the testimonials mentioned in the website of the iPhone application developer. First try to access the website of the application developer through your iPhone device, study the presentation and then take any decision. It is always better to telecommunicate with the earlier clients of the iPhone application developer.
Time frame:The iPhone application developer should be reputed for delivering on to the commitment within the stipulated time frame. Delay in delivery of a completed application is not considered professional.
Professionalism:The company offering the iPhone application services should have a dedicated team entrusted with the satisfactory completion of the project. The company should take the approval of the business or the client at every stage of iPhone application development.
Battery consumption:The application developed should not consume a lot of battery because if it does so the battery of the iPhone device will run out of power within a short time.
Quick:The iPhone application developer should be able to minimize the downloading time of the application because if it is delayed, the telecommunication service provide would be charging heavily to the iPhone user.
Search engine friendly:The iPhone application should be able develop applications that are search engine friendly so that when the iPhone logs on to the search engine through the iPhone the application features in the top list of the search engine list.
The selection of the iPhone application developer needs a bit of study so that you do not have to repent in the future.
Copyright © 2011
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Tags: Application, Best, Developer, Development, Find, Guidelines, IPhone 
Comments OffPublish Your Patent Application? … or Not
<b>Infringement and Provisional Damages</b>
There is no action for infringement of your patent until it actually issues. However, through publication of your application, it may be possible to obtain provisional damages for the time between publication of the application and the issuance of the patent. Once your patent issues, infringement can give rise to treble damages and an award of attorney fees. During the phase from publication to issuance, only reasonable royalty damages can be awarded. Furthermore, a claim must survive and be substantially identical from publication to the issued patent.
Provisional damages require notice. Notice is achieved by both publication and provision of actual notice. Thus, you still have the burden of detecting infringement and of providing notice of your application to the alleged infringer.Â
<b>Why You Should Consider Early Publication</b>
An inventor can accelerate the publication process by filing a request for early publication. This can be done at any time and should result in publication within four months of the request. There are two logical times to file such a request: 1) when you first file your application–to gain the maximum published time available, and 2) when you believe an infringement may be taking place. In this latter case, where you have actual evidence of infringement, you can then file a petition to “make special” and hope that the Patent Office will accept the petition and begin examination of your patent application within six months. That way, you will possibly get the benefit of provisional damages, with the patent issuing shortly thereafter with higher damage awards available.
<b>Benefits of Non-Publication</b>
Non-publication keeps ‘em guessing. When a patent is filed, the inventor-applicant is entitled, and should, claim “Patent Pending” status. “Patent Pending” means that an application is on file with the Patent Office and is in the patent process. The inventor should mark his product “Patent Pending” and claim such status in any written material related to the invention. So long as the patent application is secret, competitors do not know what the inventor has disclosed or the breadth of the invention being claimed. Once a patent application publishes, competitors can at least determine the maximum scope that is disclosed in the application. However, while they will see the claims presented in the application, competitors still do not know the breadth of the invention claims that might eventually issue in the patent.
<b>The Hazards of Requesting Non-Publication</b>
Until the American Inventors Protection Act of 1999 (effective November 29, 2000), United States patents were kept in secrecy until they issued. Subsequent to the AIPA, inventors can elect to keep their application secret, but only if they will not file in a foreign country or file an application under a multilateral international agreement, such as the Patent Cooperation Treaty. If an inventor later files such a foreign or international application, it can lead to abandonment of the U.S. application unless the non-publication request is rescinded before 45 days after filing the foreign or international application. Thus, extreme caution is recommended before considering non-publication.
C2006, Williamson Intellectual Property Law, LLC; all rights reserved, world-wide.This article, and/or the reading thereof, shall not be construed as offering, containing or receiving of legal advice, and shall not create any attorney-client relationship or privilege. If you are considering protecting your intellectual property, you should consult with an attorney of your choice.
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