PROJECT WORK SAMPLES
There are three general groups of people who hire me to do legal work 1) other attorneys and law firms 2) established companies and 3) individuals and startup businesses. They all ask for work product samples for different reasons. Other attorneys and law firms are usually looking to see if I have a skill getting a particular technology to be patented. Established companies are usually looking for skills with a particular procedural tool or filing. Consumers are not that familiar with patent and are generally just curious what different patent documents look like. Regardless of which group you are in, I have made this page to show some of my writing samples for different kinds of documents.
A design patent protects the ornamental features of a device.
There are a couple of different patent applications that I prepare for clients. The first and simplest is a design patent. A design patent provides exclusivity for the ornamental features of an "article of manufacture" which is something which can be built. Below is the design patent for the MEGA WRAP which can be purchased here.
One way to tell if a patent attorney is experienced in design patents is whether an appendix to the specification is included in the application. The appendix contains drafts and alternate designs that can be used to alter the existing application, create new applications, or just help the patent examiner visualize what is happening. Here is the appendix from the MEGA WRAP patent.
A utility patent protects the useful features of a device
The subject matter of the device for which patent protection is sought and the client's goals set up a framework for utility patent protection. Below is a patent application on a system that determines how to route a flow of something most efficiently. In utility patents it can be important to show how a system works better than existing solutions to the problem. This application accomplishes that task with an experiment and the figures show some of the results of the experiment.
It's rare that one patent would create much value for the inventor. Where the client's budget can accommodate some additional work, continuing applications create a bunch of value. In some situations an inventor wants a patent application to be published prior to issuance. The primary reason for this is to obtain damages under the doctrine of provisional rights. Here is a published application (which later issued as a patent) that was a continuation of another patent the inventor received.
Clients file patent applications for a variety of reasons, including, a desire to obtain patents in other countries. This process is started by filing an international application under the Patent Cooperation Treaty. That application is published but does not result in an issued patent. The published application looks like this:
Restriction requirements can be traversed and the petitioned to the the Technology Center Director
Section 121 of the Patent Act gives the USPTO Director the discretion to "restrict" applications of "two or more independent inventions" to a single invention for the purpose of examination. Examiners do this with a paper called a "restriction requirement." The restriction requirement requires an "election" where the applicant which invention is being pursued and which claims relate to that invention. Restriction is not appropriate when the inventions are not distinct as claimed or no serious burden exists in searching or examining the claims. Below is a sample making such an argument.
If the traversal is unsuccessful, then the applicant petitions to the Technology Center Director. The petition typically mirrors the back and forth with the examiner. Below is a sample.
In this particular case, the petition was granted.