Does An Inventor Have to Apply In Person?

My brother has created an item of apparel that he would like to patent, however there are no patent attorneys in Augusta, GA. I thought that I could handle it in my area (Ocean County, NJ) but I can’t believe that there are no patent attoreys near me. I recently moved to this area from New York City, where every service is at your fingertips. Hard to get used to. Can you tell me how to patent without visiting an attorney’s office?

No, you do not need to apply for a patent in person, you must apply in writing to the US Patent Office. Usually, you do this through your attorney. Your attorney will write a patent filing (patent application) and submit it on your behalf. It is not typically necessary to meet with an attorney in person. Simply call and interview your attorney by phone.

Since you mentioned clothing (apparel), it is worth mentioning that apparel may be difficult to patent. Next to cooking, clothing is one of the oldest arts known. Because so many people have invented clothing of all types before your brother, this can make it more difficult go receive a patent. Remember, something about the apparel has be be new (invented) to receive patent protection.

Also, you might want to check out the guide on “How to find a Patent Attorney.” I suggest in that guide that the a patent attorney you select should understand your invention and its technology. A patent attorney that is well versed in clothing may be able to help you determine if anything about your apparel is new.

How new is new enough?

How to use “Prior Art” to help you to decide whether to invest in a patent application.

You can determine how your invention is different from earlier inventions by conducting a “prior art search.” Inventions that come before your invention are referred to as “prior art” by patent attorneys. The differences between your invention and the prior art can be estimated by comparing the invention and the prior art to find their differences. A “prior art search” finds similar inventions. You and your patent attorney can analyze these inventions to determine the potentially new parts, functions, steps or combinations. The search can guide how, or if, the invention differs from [Read more]

Time is of the Essence: Speedy filing best preserves your patent rights.

Filing a patent application has a number of legal effects. [Read more]

What is Bank of America’s Patent Pending “Keep the Change” Invention?

In 2005, Bank of America began an advertising campaign. By enrolling in “Keep the Change,” every time you buy something with your debit card, the bank rounds up your purchase to the nearest dollar amount and transfers the difference from your checking to your savings account free of charge. Then, the ad explains that the bank will contribute the same amount to your Bank of America savings account, doubling the savings for a limited time. The last few words of the radio commercial and the web site are patent pending. What does Bank of America believe is new and patentable about this? [Read more]

Prior to Filing: the Secrecy Problem

To encourage inventors to quickly file patents, many foreign governments require that the inventor file a patent application prior to any of these events:

• the first public use of the invention;
• the date of publication of any description of the invention; or
• the date of any sale, or offer for sale, the invention.

In one case, a secret invention was “stolen” by competitor through corporate espionage. [Read more]