It appears we have used up 9 months of time since the onset of our project. It is time to normalize your life as the inventor of a project invention when you are at this step in the invention process.
Well, I must say I did forget this one fact about inventions, the thing about inventing is that it takes all of your energies to make the process happen, from the idea, to the paperwork, the drawings, the financial burden to file a patent, the convincing of others on how great the product will become, the anticipation, and then the reality.
An inventor is an individual that when focused on producing an invention usually ties up one entire year of life, the inventor sleeps the invention, eats the invention, and talks about the invention daily for an entire year at least. What happens is that all your time is focused on your invention and others need to schedule in some time if they want yours.
Normalization at this point is critical for success in your product. It seems important to me as an inventor to normalize myself at times, and how I do it is to have some fun and or do something brainless, like no stress, tractor work, picking up rocks, mowing the lawn, and so on. The important issue is to get your mind free of concentrating on your invention and project. The project is simply a step by step formula and series of trial and error tasks to complete in order to bring your invention from the concept to the tangible results from selling millions of dollars worth of them.
Make your invention a business opportunity and take the personal issues out of the formula, and I really wish I could do that as easily as it may seem. I have been on the Manmotor project for approximately eight months and will example this scenario in real time to better understand this normalization process.
It is obvious that in this time period that an independent inventor uses to normalize, a company engineer who is paid to design a product or invent can continue on with a team and actually experiment with building models of the invention. So if you don't have a team put together and a plan to build the invention at this point in time when you need to break away from the technicalities of your invention you may lose the time so to speak by stopping the real work involved in completing the project. Even though this is a tough time for the independant inventor it is a fact of happening, and if you have not formed a team of people on your behalf that will assist in the carrying out of tasks in the project you will lose this advantage over others following you in the art.
What needs to be crystal clear to the inventor is that you can get a patent on anything you invent, and that a patent when issued gives you some rights that can really enhance your life monitarily and allow you to go on inventing as a profession. The catch 22 is that the idea can take many forms in the art and the inventor that comes up with the least expensive way to manufacture the invention is the one that will become enritched by the patent and not necessarily the inventor that came up with the concept and first prototype. Your invention must be reduced to practice before you file for the patent itself, so make sure your team is together before you take the noramalization break.
To identify when this normalization break needs to take place several situations will allow you as an independent inventor to become aware that most of your creative time has vanished, frustration appears and is felt when it is apparent that every day life is so time consuming to get through by needing to pay for rent or mortgages, food, utilities, insurance etc. that progress is almost haulted as you are trying to complete your project invention. This is really one of the most profound realizations in the process of inventing. Excellent inventions that could help many people or animals, help the earth situation regarding the greenhouse effect, go by the wayside at this point if you do not have a plan to stay on track with your project. It is critical to have your support team and a good friend to assist you in completing the project invention.
I am going through this normalization phase right now with the MANMOTOR PROJECT, throughout the past thirty years of inventing professionally for different companies and myself, I find this phase the hardest time to pull through. These facts regarding inventing always repeatedly make me stop and think.
Fact One = People who invent and are successfull have almost limitless energy for the project.
Fact Two = A good product comes from a good invention that was needed by someone trying to complete a task.
Fact Three = A good inventor is someone who picks through every variable he or she can think of in any given situation where thought is involved and evaluates them by comparison for the most logical efficient result.
Fact Four = A limitation is a restriction to creativity.
Fact Five = An inventor who has the ability to understand and practice inventing as a job or profession, usually does not have an easy time inventing when there are facts and characteristics of people bombarding the project in whole.
"It is lifes potential that creates our energy and not the result of it"
It seems at this point the invention process is a ladder pointed straight up and as you are climbing each step of the ladder upward there is someone else on the top step dumping a bucket of obstacles on your shoulders as you are attempting to complete the climb to the top or in reality reach your goal in the completion of the project.
"Obstacles are what you see when your eyes are taken off your goal"
In the normalization phase for the inventor it is again time to really understand your goal and as soon as you remember why you started the project and are re aligned to the original goal you started out to achieve then the vacation is over and again you can focus and keep progressing toward the final goal for the project.
Here are a few rules from USC35 a necessity for review at this time in the invention project. We are at the point now with our invention process to gather our notes, declare our time for drawing the figures of our subject matter and specifically fragmenting inventive subject matter in drawing figures. The provisional patent draft is the next step.
In the most broadest sense, at the time you write the Provisional Patent Draft, and at minimum, the inventor needs to write down in his own words what he or she actually claims what the product will do. The ManMotor claims in the broadest sense simply recite that the ManMotor uses the weight, effort and movement provided by a human being to rotate wheels that are acted upon by other physical elements producing an end result of stored useable electrical energy.
How that is accomplished will be written upon and detailed in further claims, but for now we can format the first pages of the actual Provisional Patent Draft for the ManMotor.
The follwing statements are directly from the Manual Of Patent Examining Procedure and must be followed exactly.
35 U.S.C. 111 Application.
(b) PROVISIONAL APPLICATION. --- (1)AUTHORIZATION.---A provisional application for patent shall be made or authorized to be made by the inventor, except as otherwise provided in this title, in writing to the Director. Such application shall include---
(A) a specification as prescribed by the first paragraph of section112of this title ; (B) a drawing as prescribed by section113of this title ; and (C) an oath by the applicant as prescribed by section115of this title. 35 U.S.C. 112 Specification.
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
35 U.S.C. 113 Drawings.
The applicant shall furnish a drawing where necessary for the understanding of the subject matter sought to be patented. When the nature of such subject matter admits of illustration by a drawing and the applicant has not furnished such a drawing, the Director may require it's submission within the time period of not less than two months from the sending of a notice thereof. Drawings submitted after the filing date of the application may not be used (i) to overcome any insufficiency of the specification due to lack of an enabling disclosure or otherwise inadequate disclosure therein, or (ii) to suppliment the original disclosure thereof for the purpose of interpretation of the scope of any claim.
(2) CLAIM.--- A claim, as required by the second through fifth paragraphs of section 112, shall not be required in a provisional application. NOTE : There are six paragraphs to section 112, the first and last only pertain to the provisional.
35 U.S.C. 112 Specification ;paragraph six.
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
There are other parts to these rules that can be read upon in theMANUAL OF PATENT EXAMINING PROCEDUREand for now we don't need any other complicated information to successfully write the provisional draft. Your patent attorney will fill you in on the FEE requirement and I believe now for an independent inventor it costs around $130.00 to file the paperwork in the U.S.P.T.O. .
35 U.S.C. 115 Oath of applicant.
The applicant shall make an oath that he believes himself to be the original and first inventor of the process, machine, manufacture, or composition of matter, or improvement thereof, for which he solicits a patent ; and shall state of what country he is a citizen. Such oath may be made before any person within the United States authorized by law to administer oaths, or, when made in a foreign country, before any diplomatic or consular office of the United States authorized to administer oaths, or before any officer having an official seal and authorized to administer oaths in the foreign country in which the aplicant may be, whose authority is proved by certificate of a diplomatic or consular officer of the United States, or apostille of an official designated by a foreign country which, by treaty or convention, accords like effect to apostilles of designated officials in the United States. Such oath is valid if it complies with the laws of the state or country where made. When the application is made as provided in this title by a person other than the inventor, the oath may be so varied in form that it can be made by him. For purposes of this section, a consular office shall include any United States citizen serving overseas, authorized to perform notarial functions pursuant to section 1750 of the Revised Statutes,as amended (22 U.S.C. 4221).
It seems the real benefit of this text is for you to save money, even after you write your provisional patent draft it will cost you to have an attorney file it for you. You really don't need that expence in the filing of it, however if you don't really understand these rules and techniques for writing the original provisional patent draft you may miss something important to the actual patent application with detailed claims that an experienced attorney may pick up on and write it into the text of the patent application at a later date and after you have reduced your product to practice.
What this allows an inventor to do is to get the patent pending status on the invention first, in provisional form and as soon as possible after all the text and initial patent drawings are completed. From the date the provisional patent application is recieved at the USPTO via express mail the inventor will be able to label any physical embodiments of his or her invention "patent pending". That is a must to put and allow everyone to know that your product is in the patent pending stage. This way if the product starts selling really well after a U.S. Patent Application is allowed a valid patent on the invention later on in a couple of years, then if you follow all the rules to the letter then you can claim the original filing date of the provisional on your patent, which is very valuable to an inventor that has made a very successful product from his invention. So thereduction to practiceis necessary "after" the provisional patent application is received by the USPTO. Now you can build the prototype of your invention and mark it patent pending and take it to a manufacturer and have them reduce the product to practice and that will cost you from the royalties. So in the design of your new and useful invention product and past the provisional patent application you will need to really try to design your product so it can be manufactured with the least amount of steps possible. After the first run off the manufacturing line, and most likely four months need to go by at the reduction to practice phase in the manufacturing facility some things on your product may cause a problem after the product has been used for awhile. It gets down to even a nut on a bolt that is causing a problem. That nut will and can cost hundreds of thousands of dollars in recalls, so after the product has been refined in the manufacturing process to find all the short cuts involved in making the product more efficiently, then the follow up design phase is when you go back in and solve the problems and or costly items involved. What you are after is the product that does the same as others in the field of the invention yours is in, but yours costs less to the end user than the other products due to you have refined the manufacturing process for your invention and, worked out all the bugs before you apply for a U.S. Patent. This assures you that your product if successful will be an income for you for the next 20 years after the patent is allowed.
The rules that the patent office has protect the inventor and there are those rules that will trip you up when attempting to collect royalties after the patent is issued valid. Here are some I have encountered and determined most relevant at this phase in the invention process.
1) Is that non disclosures are an inventors asset to tracking his or her development of the invention they are attempting to create. It is my experience that NDA's are good for that purpose and never really prevent information to be leaked out to others. Don't worry about that as long as you follow this process you can be assured that you will collect your rewards.
2) After drawing the subject matter of your invention and the writing of your provisional patent draft, having it submitted according to the rules mark your product drawings patent pending and go sell one of the anticipated products of your invention to someone willing to pay cash and sign a receipt stating that you will sell the first product of your invention to them for a specific price. What you need now is a bill of sale for your prototype anticipated. That bill of sale will set the one year clock that allows you the inventor one year to file for a patent after the provisional patent is submitted to the USPTO.
NOTE: You will not understand the importance of this right now but just follow written steps for the inventive process and it will become apparent as to the reasons why these rules need to be followed at this time in your project. Your product does not have to be made yet and in fact you should have nothing but paperwork at this point. Your are accumulating intellectual property that will enable you to go forward in the invention process. I sell the first one of my inventions for a reduced fee, the prototype. You cannot determine the value of your product until someone is willing to purchase one form their cash on hand, sell the first one to someone you can count on, like a friend or CEO to a manufacturing company. Patent Pending is a must before you sell your prototype and get a signed bill of sale. The price does not need to be paid until delivery and the delivery date must be as close to the one year limit or bar to patent is set. Name the delivery date as 360 days after the first disclosure of non limitation to disclosure. For example if the Express mailing date for the provisional patent submission is 12/18/15 then the anticipated prototype delivery date on the bill of sale should be made for 12/16/16 just two days before the one year bar takes affect on your invention.
The reason you need a bill of sale after you send in your provisional is because you are now in posession of intelectual property if your final product performs as your claims state. Both the feature claims as primary and the inventive subject matter as secondary. The inventive subject matter is only relevant after the feature claims have been accomplished successfully. When you are attempting to sell your product to a manufacturer for them to produce and market you will find those who simply get your information and if they like it will first take back to their engineering department and ask them to deduce if thie invention can be made the way described. If the paperwork is not in order they will go to work on thier own as soon as you leave and laugh thinking they have something or that your a crackpot. Now that you have invested around 9 months in research and drawing thier engineering staff will not be able to catch up and file a provisional patent draft for your product becuase it will take them at least 6 months to develop one for manufacturing. Your provisional will be dated earlier that theirs should they be sneaky and take your idea. When their is potential money involved in selling a product be prepare for some really cut throat action by some manufacturers or other investors.
3) Don't force your inventon on those you seek out to invest or manufacture. At this point just go and try to make an agreement to anyone interested that has the ability to provide you with financing or management skills. You need to gather up team players in your invention process at this time. There is no way one independent inventor can accomplish a project beyond this point unless he has team players willing to make agreements as to how they are to participate in the production of the prototype that already has a bill of sale signed and dated. Your invention project needs a team to complete from here on out.
At this point in the invention process the inventor must review "all" of his or her notes that are available, and that had been written in text prior to the writing of the provisional patent draft by the inventor. Now is the time for us to review the 18 Patent Drawings referred to as Fig.(s) that embody the inventive subject matter, and the subject matter disclosed for the ManMotor Project. Also we must re read 40 additional element drawings that recite subject matter for the present invention. This includes 218 elements in point, 54 pages of written text also needs re read that contains 23,800 words in the file ManMotor. Needless to say we have written this information in the order that an inventor sees it to be, and including ;
(1) the reasons that the inventor has for investing hundreds of hours working, toward the completion of the project, to the tangible product the U.S. Patent claims read upon ;
(2) the reason that the inventor had thought the idea, for inventing the product from his project ;
(3) a complete summary of the invention written within the specification of the patent application ;
(4) a complete summary as to the intended usage of the tangible product to come and where the inventor interprets it can go within the next twenty years ;
(5) a complete summary as to the advantages the inventor will contend his or her new invention will accomplish or overcome in the prior art associated within the field of the inventors new invention ;
(6) a complete summary of the disadvantages of prior art within the field of the invention ;
(7) scetches that are sized in porportion to the intended final product size anticipated ; and
(8) a complete set of claims written by the inventor.