Why Your Patent Application Will Be Rejected

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In this video, patent attorney Damon Kali explains what office actions are and how to prepare for them. The truth? The United States Patent and Trademark Office will reject your patent application the first time around! If you aren't prepared, you may be caught off guard. Take a deep breath. This happens to everyone. What do you really need? An attorney with the right temperament to overcome whatever issues there are.
Disclaimer: The views and opinions expressed here are solely for educational purposes and should not be construed as specific legal advice as specific legal advice is highly fact dependent. For specific legal advice, the viewer should retain competent legal counsel. In addition, the views and opinions expressed here do not represent the positions or policies of the United States Patent and Trademark Office.
inventRight is a one-on-one coaching program that has helped people from more than 40 countries license their ideas for new products. It was founded by Andrew Krauss and Stephen Key in 2001. Visit www.inventright.com for more information and to become their student.
Call #1-800-701-7993 to set up an appointment with Andrew or another member of the inventRight team to discuss how we can help you license your ideas.
New to licensing? Read inventRight cofounder Stephen Key’s bestselling book “One Simple Idea: Turn Your Dreams Into a Licensing Goldmine While Letting Others Do the Work.” Find it here: amzn.to/1LGotjB.
Want to learn how to license your product ideas without a patent? Stephen's book “Sell Your Ideas With or Without a Patent” explains exactly how. Find it here: amzn.to/1T1dOU2.
inventRight, LLC. is not a law firm and does not provide legal, patent, trademark, or copyright advice. Please exercise caution when evaluating any information, including but not limited to business opportunities; links to news stories; links to services, products, or other websites. No endorsements are issued by inventRight, LLC., expressed or implied. Depiction of any trademarks/logos does not represent endorsement of inventRight, LLC, its services, or products by the trademark owner. All trademarks are registered trademarks of their respective companies.

Опубликовано:

17 ноя 2016

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Комментарии : 61

@richardthorpe1741 7 лет назад

what another great video. Thanks guys n have a great trip Damon.

@inventRight 7 лет назад

Thanks for watching!

@IFoundMyUsername 3 года назад

I've being stuck with an idea for months. Now I found I don't need a prototype to file a patent. Now I'm ready to go and none can stop me. And your (both three) videos were really helpful to me.

@inventRight 3 года назад

We have many more videos, articles, and books to help! Keep learning.

@ericdavis2248 7 лет назад

I am so happy you guys did this one, because now can budget accordingly

@stephenkey3137 7 лет назад

Fantastic, thanks for watching Eric!

@MZ-qc8nh 7 лет назад

Wow, so I should be proud of myself. I applied 2 utility patents by myself in the past, they were all approved soon , without any modify.

@nitin-pb6yz 6 лет назад

Wow

@chiptuneanimation4492 5 лет назад

Wow that's amazing! How did you achieve that? What was the process of drafting your specification, and how about the drawings, etc.? please tell us more about it.

@esotericaudiophile3884 5 лет назад

Tells us more?

@luxinspohairtauteincmelind6462 5 лет назад

Mr z wow are you in china? I hear it’s easy there....How did you do that?

@wemustbecomemachines2012 4 года назад

you actually invented this

@lawrenceboudreau5804 7 лет назад

Don't forget if your invention gets rejected it will still get published and that alone stops people from filing a similar patent because your published application becomes "prior art".Prior art causes more office actions than anything else.

@tonyryan3721 5 лет назад

Hi Guys I absolutely love your videos and expertise,keep it up. Two questions 1) I am in the process of filing my first PPA ,does the application drawings have to be CAD quality,or are hand sketches adequate. 2)Damon mentioned that should I come up with any updates to my design within the first year to simply re submit including the updates.If thats the case ,does the second application extend the 1 year initial time line to a second year. Peter (Egypt)

@inventRight 5 лет назад

Hi Peter. Good questions. 1. High quality drawings can be very useful. It depends on the nature of your idea and your goals, but they are one of the quickest ways to add value to your application. 2. You should direct that question to the USPTO or a patent attorney, which we are not. Thank you for watching.

@mrdeeman5912 Год назад

What are the uspto fees to respond to an office action besides the attorney fees?

@inventRight Год назад

I don’t know. You can call the US PTO. They have great customer service.

@jamesgonzalez4212 5 лет назад

When you draw your sketch do you have to draw all angles and what are lead lines and arrows and numbers on the sketch thanks please help

@inventRight 5 лет назад

James, reach us here for help: www.inventright.com/contact

@erniecharette9327 7 лет назад

Thanks again for a very informative video. On typical licensing agreements, do they last up to the end of the patent or do they continue for as long as the product sells? I would really appreciate your help on this.

@stephenkey3137 7 лет назад

The licensing agreements that I see there are no patents, just provisional patent applications.

@AChangeOfPerspective 7 лет назад

Thank you very much Stephen for addressing my question. What I mean by my question is with most of the agreements that you see, does the length of the agreement continue for as long as the product sells or do they typically stop once the patent expires as far as the terms of the agreement go? Personally, I have seen them both ways.

@stephenkey3137 7 лет назад

Most products have a very short lifespan. If you clever most licensing agreements don't depend on patents.

@erniecharette9327 7 лет назад

Oh, I understand. Thank you very much Stephen for answering my question. I feel honoured that you took the time. One Simple Idea is an absolute amazing read! Read it twice and just ordered your other book Sell Your Idea With or Without a Patent. Can't wait! I almost gave up on 30 years of unsuccessful inventing until I happen to come across your videos a few months ago. You really turned things around for me and I will always be grateful to you for this. Love watching your videos. Please keep them coming.

@stephenkey3137 7 лет назад

Ernie thanks for the kind words. You can do this!

@brianmittoo 5 лет назад

It can be pretty frustrating when all three presentators a talking over each other. They need to sort stuff like that out

@fiestahomebuyers5380 7 лет назад

Hey guys, I'm writing up my PPA and am now obsessing over my claims (4 in total). Based on what was said in this video, I'm thinking I should just leave them out since the PPA is just a way of making perceived ownership. It seems like once I license my product, my licensee can do a better job at making claims so my patent doesn't get rejected. If I do decide to make claims, is it smart to just claim the basic components? If I do this, the real patent can easily augment on top of this.

@inventRight 7 лет назад

We would love to help you with your intellectual property strategy. Please contact us if you are looking for more help! www.inventright.com/contact-us-today. Stephen's book "Sell Your Ideas With or Without a Patent" lays out his thoughts re: these exact questions in full. The short answer? You want your PPA to be as thorough as possible, so that it defends potential workarounds.

@kirstinetermansen7234 5 лет назад

I'm am veteran, go with the,

@kirstinetermansen7234 5 лет назад

Wanna make a next g I Jane, this time return to a moopster Ron civil,,, sociaty

@donshoberg1187 7 лет назад

I asked Y did it take 3yr.? To here that I have been granted the Paton . He said that he is the only one that knows anything about Drywall.

@dkaliklg 7 лет назад

The shortest I've seen is around 2 years, the longest 5 years. It depends on how crowded the field is and how big is the backlog at the USPTO. Be patient. It's a big bureaucracy that plods along at it's own pace.

@donshoberg1187 7 лет назад

I didn't get rejected. The Examiner said that there is a definite need for my tool in the industry.

@stephenkey3137 7 лет назад

Congratulations!

@inventRight 7 лет назад

That's great! And kind of surprising, to be honest. (Commenting on the marketability of a product seems beyond their responsibility.)

@nicewhenearnedrudemostlyel489 7 лет назад

lol... What's her name?

@chiptuneanimation4492 5 лет назад

Wow that's amazing! How did you achieve that? What was the process of drafting your specification, and how about the drawings, etc.? please tell us more about it.

@wordisborn9561 6 лет назад

You guys can laugh it off all you want but in order for America to become some sort of competitor within the World markets we need to easily be able to protect our ideas, so while our USPTO works against our new inventors using fees and stops, foreign companies throw production lines, sell and ride the wave before our country even gets the chance to produce anything. This three year period for utility patents is definitely enough time for any other country to push and produce while we fumble around finding reasons for our citizens to fail as inventors. You guys laugh off those fees when there shouldn't be any fees, what should happen is when the company becomes successful, "then" they should share that wealth with these "paper pushers" and if the "paper pusher" fails an inventor, why the heck should they benefit in any way? They're not doing anything but filing the paperwork "you" the inventor creates, this is sad, especially when looking beyond yourself the real looser becomes the country as a whole.

@inventRight 6 лет назад

We encourage you to think about how you will use intellectual property strategically given the reality of our patent system today. Please watch our video about the need for patent reform: ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-wijS5AFlL4U.html

@backuppaddle5109 7 лет назад

Wish I had found this site earlier. I have heard that commercial success, i.e. I licensed my invention and it's selling well, can be an argument for granting a patent to the examiner.

@inventRight 7 лет назад

Interesting. We didn't hear that from the examiner we interviewed a while back: www.inc.com/stephen-key/a-former-patent-examiner-pulls-back-the-curtain-at-the-uspto.html. But another commenter, Don Shoberg, said the examiner told him "There is a definite need for my tool in the industry." Could be! You're not too late. We've got a whole bunch of information here for free and on our website inventright.com. Thank you for watching.

@backuppaddle5109 7 лет назад

Thanks! More importantly I am almost through your book "One Simple Idea" and its a gold mine. Biggest takeaway is the use of the PPA if you are or hope to be a product developer. I'm glad I took a crack at writing my patent pro se because I learned a lot but will follow your plan going forward.

@stephenkey3137 7 лет назад

Thank you for the kind words! Thanks for watching!

@general-e8628 6 лет назад

Wow that price amount is discouraging for someone that makes less than 20,000 with many ideas that need patent.

@inventRight 6 лет назад

Why do you think you need a patent?

@Ker858 6 лет назад

I was told is a person doesn't have a non-provisional patent and that the invention is absolutely lost and can never be used again

@inventRight 6 лет назад

It's quite a bit more complicated than that. Our focus is on commercialization, not patenting. Certainly IP can be useful for commercialization. We recommend Stephen Key's award-winning book "One Simple Idea" if you are looking for how to license an idea: www.amazon.com/One-Simple-Idea-Revised-Expanded/dp/1259589676 Thank you for watching.

@kirstinetermansen7234 5 лет назад

U turn b2, to go Jane, I'm am on hoollyday can that war, wait

@kirstinetermansen7234 5 лет назад

The spin Coming in you movies

@kirstinetermansen7234 5 лет назад

G I Jane 3.....catching, the attack on government, 13 hours, spin

@kirstinetermansen7234 5 лет назад

Actually g I Jane, real stuff msnnnn or boy sass

@kirstinetermansen7234 5 лет назад

Fuckkk I just became a producer, not intended

@kirstinetermansen7234 5 лет назад

Anyway, go Jane 4, catching design piracy, murders. In perfume, house No, that might be,,,,,