Anything Under the Sun Made by Man

It is not uncommon to receive a phone call from an inventor who wishes to write their own patent in order to save money but wishes me to help them in some way. Usually, the inventor asks me to read or edit their patent application and help them file it.

This type of situation is one in which neither the inventor nor attorney can possibly get what is best for either of them. It is a road to disaster.

Patent reward systems are put in place by many companies to give employees an incentive to disclose their inventions and go through the patent process. Bosses like the idea because it gives them a way to recognize employees, especially those creative people who toil in obscurity in a lab. Employees like it because it is a true recognition for their contribution to the company. And they get paid.

A typical program may pay anywhere from nothing to $500 for merely submitting an invention disclosure, up to $1000 when an invention is submitted to the Patent Office as a patent application, and anywhere from $1000 to $5000 when the patent issues.

I have been on both sides of these programs. As an inventor and engineer at several companies, I have written many, many invention disclosures, some of which have turned into patents. As a patent attorney, I work with some inventors at larger companies who have submitted the disclosures. I bring a different perspective to this discussion.

In today’s Federal Register, the USPTO has reopened the discussion on whether or not patent agents may prepare and file assignments for their clients.

The USPTO has long allowed patent agents to file patent assignments, considering the assignment “incident to the preparation and prosecution of patent applications

I have been using a multiple monitor system for about a year, but I recently upgraded. I was using a system with two 21 inch monitors that sat side by side in landscape mode. As I got used to the system, I would generally display a document that I was writing, a PDF of drawings, and a MindManager map of notes from a meeting all at the same time.

Even with two big 21 inch monitors, I had trouble trying to get everything on the screen at one time.

One of my clients likes to describe patents as hyenas. A lone hyena can be easily frightened away, but a pack of hyenas can be very aggressive.

With one patent, a competitor or potential infringer has one thing to analyze, dissect, and find a way around. It may cost a little bit of money to analyze, but it is certainly a doable proposition.

With a dozen patents, the competitor’s workload is substantially increased to the point (hopefully) that it is cost prohibitive for the competitor to find work-arounds for every one of the dozen patents.