G5 LR 3B 5.3.1 the Patent Process

8/12/2019 G5 LR 3B 5.3.1 the Patent Process

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Scott Foresman Reading Street 5.3.1

ISBN 0-328-13534-8

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by Donna LathamThe Patent Process



Editorial Offices: Glenview, Illinois • Parsippany, New Jersey • New York, New YorkSales Offices: Parsippany, New Jersey • Duluth, Georgia • Glenview, Illinois

Coppell, Texas • Ontario, California • Mesa, Arizona

The Patent Processby Donna Latham



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Patents and Inventions: A Great Combination

Are you wearing jeans today? Are your sneakers

fastened with Velcro®? Have you placed a call on a

telephone? If you answered “yes” to any of these

questions, then you have used a consumer product

that was patented years ago as an invention.

Throughout history, inventions have solvedproblems, simplified work, cured diseases, and

improved communications worldwide. Inventions

have affected every area of our lives!

Inventors work hard to turn their ideas into

reality and deserve recognition for what they have

achieved. In order for inventors to be recognized for

their innovations and discoveries, they must first go

through the process of obtaining a patent.

Long associated with inventors, the interjection“Eureka!” expresses excitement over a discovery.

Did You Know?



4

To help you understand why patents are

necessary, pretend for a moment that you are an

inventor and that your invention—after years of

research, planning, and long hours of trial and

error—is now complete. It’s your pride and joy, and

you believe it will revolutionize the way people live.

You can’t wait to show your invention to the

world, because you know everyone will want to

purchase it! But how can you be sure that your

invention is yours alone, and that you haven’t

inadvertently replicated someone

else’s idea? And even if

you can verify that your

idea isn’t a copy of

someone else’s, how

can you safeguard

your brilliant notion

in order to prevent

someone from taking

advantage of it

before you do? Before

you do anything with

your invention, you need

to patent it. Keep reading

to find out everything youneed to know about the

patent process!

During the California gold rush,Levi Strauss realized that minersneeded rugged pants thatwould not wear out as they dugfor gold. He made a fortune onthe jeans he invented!

5

The World of Patents

A patent is a special document granted to

inventors by the government of a country. Patents

award their inventors special protections and

privileges, also known as exclusive rights. These

exclusive rights state that other people cannot make,

use, or sell the invention in that country for a certainperiod of time. When an inventor receives a patent,

his or her intellectual property, or idea, is protected.

There are three types of patents, and each type of

patent permits its inventor to profit, or earn money

from, his or her invention. The chart below describes

the three different patent types. Study it carefully,

and see if you can think of any other product

examples in addition to the ones mentioned.

UtilityPatent

Protects theway a newproduct isbuilt and theway it works

Computerhardware,medicines

20 years

DesignPatent

Protects thenew, original,or ornamentalappearance ofa product

Athletic shoes;action figuresbased on moviecharacters

20 years

PlantPatent

Protects a newvariety of plant

Thornless hybridtea roses; purpleruffled basil

20 years

Type Description ProductExamples

Length ofPatent

United States Patent and Trademark Office



6

In order for an invention to be eligible to receive

a patent, it must be new, original, useful, and

something that is not easy to discover or produce.

Both machine-made and human-made articles are

eligible to receive patents, as are brand-new uses for

previously patented items.

The evolution of rubber-soled shoes offers a great

example of brand-new uses deriving from earlier

patents and inventions. In 1844, Charles Goodyear

patented the vulcanization process, which allowed

shoemakers to manufacture reliable rubber-soled

shoes. Rubber-soled athletic shoes first appeared in

1868, but they failed to gain widespread popularity.

Then, in the 1980s, millions of American

consumers developed a taste for rubber-soled

athletic shoes. Shoemakers

responded by inventing a

whole new range of rubber-

soled athletic shoes, including

types that inflated, named

“pump-ups,” and types

that glowed in the dark,

called “light-ups.” Pump-

up and light-up athletic

shoes involved new usesand designs, making them

eligible for brand-new

patents.

7

Not Everything Can Be Patented

What does not qualify for a patent? A product

that involves a simple switch in materials, such as

the change from a metal piece to a plastic one, does

not qualify for a patent. Neither does a change in

size, such as when a television screen is reduced from

twelve inches to ten inches in width.In addition, to be eligible for a patent, an invention

must not be obvious. That means that it shouldn’t be

something that could easily be developed by many

people. For example, an ice-cream cone filled with

peanut butter does not produce new or unexpected

results. Just because two inventions are combined (in

this case, peanut butter and an ice-cream cone) does

not mean that the new “invention” that results is

worthy of being patented.Finally, an invention that is not useful is not

eligible for a patent. The United States Patent and

Trademark Office (USPTO) decides whether or not an

item submitted for patent is or is not useful.



8

Getting a Patent

We’ve established that inventors need patents to

protect their inventions, but how do they go about

obtaining them?

Often, after an idea comes to mind, an inventor

notes the date of the idea. Then he or she writes

an explanation of the idea and draws a sketch togo along with it. Once the explanation and sketch

are complete, the inventor usually takes them to a

notary, who acts as a witness to the inventor’s idea.

The sketches and explanations associated with an

invention can sometimes be quite simple. The image

on page 9 shows the sketch and explanation that

Alexander Graham Bell wrote down while he was in

the process of inventing the telephone. From that

slip of paper came everything that you see below!

In 1975, nearly acentury later, Dr.Martin Cooper helpedMotorola patent thefirst portable hand-held cellular phone.

Cell phones have transformedrapidly in recent years in responseto changes in technology.

On March 7,1876, AlexanderGraham Bellreceived the first patent for histelephone.

9

The United States Patent and Trademark Officeis located in Alexandria, Virginia, just south ofWashington, D.C.

Did You Know?

Bell’s simple sketch would transform society forever.



10

Provisional Patents

If inventors don’t at first have the time or money

to go through the process of filing for a formal

patent, but are convinced they have an idea that’s

worthy of eventually being patented, they can apply

for a provisional patent. A provisional patent, which

is only temporary, acts to protect the inventor’s ideauntil he or she can follow through and complete

their regular patent application.

Provisional patents, which were first offered by

the USPTO in 1995, apply only to utility and plant

patents, and not design patents. They must include

the inventor’s name, the title of their invention,

a written description of the invention, and any

sketches or drawings that are necessary to explain

the invention. Provisional patents are designed tomake sure that the original inventor receives the

credit and profits from his or her invention, even if

others have come up with the same idea. Once the

provisional patent is obtained, the inventor is given a

year to file a regular patent application.

Shown at right is the official sketch thataccompanies Sydney Dittman’s patent fora device that helps people grasp rounddoor knobs. Sydney was issued patentnumber 5,231,733 on August 3, 1993.

11

Did You Know?

There is no age restriction for receiving a patent.Sydney Dittman, of Houston, Texas, received apatent in 1993, when she was only four years old!



I n v e n t i o n

12

Patent Attorneys

Applying for patents can be tricky! Because of

this, an inventor will often hire a patent attorney to

help with the process. Patent attorneys are experts at

helping their clients obtain patents.

The patent attorneys start by studying the patents

that already exist. If they find that their client’sinvention isn’t already patented, they send a patent

application to the USPTO.

At the USPTO, an examiner confirms whether

or not a patent has already been issued for the

invention. If the examiner finds that there was an

earlier patent issued, the USPTO rejects the patent

application. But if the examiner finds no prior

record of a patent having already been issued, and

patent officials agree that the invention is worthyof receiving a patent,

then the USPTO sends

the inventor a notice

that their application

has been accepted,

and tells them what

fees they have to pay.

Once the fees are

paid, the inventorreceives the patent

and becomes known

as the patentee, or

holder of the patent.

P a t e n t

13

Following an Inventor Through the Patent Process

Pat hires a patent attorney to help her obtain a patent.2

Pat has a great idea for an invention.1

The patent attorney searches the government’s patent files tomake sure that a patent doesn’t already exist for the invention.3

A USPTO agent confirms that a patent doesn’t already exist.5

The USPTO decides that Pat’s invention is useful and original.6

The patent attorney sends an application for a patent to theUnited States Patent and Trademark Office (USPTO).4

The USPTO sends a notice to Pat saying no one holds a patent

for her invention and that it is useful and original.7

Pat pays all necessary fees to the USPTO.8

Pat receives her patent!9



14

Presidents and Patents

On July 31, 1790,

President George

Washington signed

the first United States

patent. It went to Samuel

Hopkins of Philadelphia,Pennsylvania, who had

devised a method of

mixing potash and pearl

ash to be used for making

soap.

George Washington

isn’t the only U.S.

president linked to the

first patents. ThomasJefferson, who became

president in 1801,

examined the very first

patent applications

while serving on the

original three-person

patent board, which also

consisted of Henry Knox

and Edmund Randolph.According to the USPTO,

it now takes about sixty-

five hundred people to do

the job that three people

once did!

Thomas Jeffersonexamined the first patent applications.

President GeorgeWashington signed the

first patent granted inthe United States.

15

Franklin and Carver: Two Great Inventors

Known for his experiments with electricity and

for cowriting the Declaration of Independence, Ben

Franklin was also an inventor. In 1784, he invented

bifocals, a special type of glasses. Bifocals, which

have lenses divided into two parts, help people see

things that are close-up and things that are far away.Do you like peanut butter? The Incas used

peanut butter thousands of years ago, but inventor

George Washington Carver is credited with having

popularized it here in the United States. Carver

created hundreds of products from peanuts,

although he only received three patents during

his lifetime. He also found many new uses for

peas, sweet potatoes, soy, and pecans. Among his

inventions were food products, such as chili sauce,and pigments, such as wood stains.

Benjamin Franklin’s inventionof bifocals has made readingeasier for millions of people.

George Washington Carverdeveloped dozens of ingenioususes for peanut butter.



16

The Nineteenth Century’s Invention Boom

By the 1860s, there had been a huge growth

in industry in the United States. Work that people

had once done at home was being done in huge

factories, where machines and different methods of

production were required. With people leaving their

homes to work, better methods of transportationwere also needed. And with an increase in leisure

time, there was a demand for new types of

recreation. Soon, a new group of inventors arose and

developed inventions to satisfy these needs.

Among these inventors, Thomas Edison stood

out for his brilliance and achievements. Edison, who

is most famous for having developed the lightbulb

in 1879, worked hard to encourage the building

of power plants that could generate electricity. Asa result of his efforts, many cities had both power

plants and electricity by the 1890s. Edison went on to

earn 1,093 patents, more than any other American.

Thomas Alva Edison

Edison’s 1879lightbulb

17

Around the time that Edison was giving the

world electric light, others were creating inventions

that would give people more fun and enjoyment.

In 1888, John Dunlop invented air-filled tires for

bicycles. Up until then, bicycles were known as “bone

shakers,” due to the rough rides

caused by their wooden tires.

In 1893, the Ferris wheel,

named for its inventor,

George Ferris, debuted

in Chicago at the World’s

Columbian Exposition.

And speaking of bicycles,

the Wright brothers, who

owned a bicycle shop,

invented the first working

airplane in 1903.Orville and Wilbur Wright

Ferris wheel

The Wrightbrothers’ Flyer



18

The Recent Boom in Inventions

New technological advances have caused the

United States to experience another boom in

inventions, which has led to an increase in the

number of patents being issued. The chart on the

opposite page breaks down the number of patents

that were issued in the United States in 2003, on astate-by-state basis.

As you can see, a massive number of patents are

issued each year. Heavily populated states, such as

California, New York, and Texas, obtain hundreds of

patents per week, while even the least-populated

states, such as Alaska, receive approximately one

patent per week.

With all these patents being issued, an even

greater number of patent applications are beingfiled. In the year 2003, there were about 360,000

patent applications filed, or almost one thousand per

day! This huge number of applications has created a

backlog at the USPTO.

19

Alabama 459

Alaska 43

Arizona 1,714

Arkansas 176

California 22,075

Colorado 2,301

Connecticut 1,844

Delaware 372

District of Columbia 50

Florida 3,119

Georgia 1,535

Hawaii 96

Idaho 1,850

Illinois 3,964

Indiana 1,676

Iowa 711

Kansas 491

Kentucky 494

Louisiana 438

Maine 165Maryland 1,577

Massachusetts 4,191

Michigan 4,218

Minnesota 3,260

Mississippi 184

Missouri 945

Montana 125

Nebraska 240

Nevada 455

New Hampshire 730

New Jersey 3,920

New Mexico 404

New York 6,921

North Carolina 2,174

North Dakota 62

Ohio 3,892

Oklahoma 563

Oregon 1,867

Pennsylvania 3,555

Rhode Island 325

South Carolina 649

South Dakota 89

Tennessee 973

Texas 6,376

Utah 724

Vermont 465Virginia 1,249

Washington 2,516

West Virginia 141

Wisconsin 2,082

Wyoming 84

United States Patents Granted, 2003



20

Inventions All Around Us

The following stories describe a few of today’s

inventors and the inventions they have developed

that have changed how people live.

Chemist Arthur Fry developed his self-attaching

notes in 1974 for the 3M company by mistake!

A coworker had been trying to develop a sturdyadhesive. When the coworker accidentally created

an adhesive that didn’t stick permanently, it gave Fry

the great idea of inventing removable notes, which

have now been patented as Post-It® notes.

By the late 1990s, the use of the Internet had

become widespread, but when the World Wide Web

first became available to the public, it had a much

different look. It was all text. In 1993, twenty-one-

year-old Marc Andreessen created Mosaic® , a Webbrowser that allows graphics to be viewed.

Not only is Ellen Ochoa the world’s first Hispanic

female astronaut, she is also an inventor. Among

her three patents is a system that can be used with

robotic guiding systems.

Have you ever ridden in a car with a Global

Positioning System (GPS)? This worldwide system is

based on satellites. The inventors of GPS, Bradford

Parkinson and Ivan Getting, began working on theiridea in the 1970s.

21

Ideas for many new inventions are brewing

right now—in inventors’ minds! Future inventors,

like inventors of the past, will follow the patent

process to patent inventions that will change our

lives in ways we can scarcely imagine. Just think of

how Franklin’s bifocals, Edison’s lightbulb, Bell’s

telephone, and the other inventions discussed in this

book changed the world. Thanks to our country’s

creative thinkers, there will always be interesting

new inventions to learn about!

Bradford Parkinson

Ivan Getting



22

Now Try This

Inventor for a Day

Now that you know how inventors apply for

patents, you can give the process a try! The following

page lists the steps necessary to take an idea for aninvention and transform it into a reality. Read the

instructions carefully, and don’t be afraid to reread

anything if you are confused. Remember that there

are no age restrictions on being an inventor (think

back to four-year-old inventor Sydney Dittman), so

anyone can come up with an invention!

23

The first thing you need is an idea for an

invention. Once you have your idea, write a

description of it. Explain how it will be used to solve

a problem or fill a need. Describe what it looks like.Does the invention make a certain sound or feel a

certain way? Include those details.

Next, draw a sketch of the invention. Include

labels that help identify its parts.

Finally, give your invention a catchy name, one

that others won’t forget. Remember, you’re going

to sell your completed creation someday. You’ll want

people to ask for it by name!

Here’ s Ho w to Do It!



24

Glossaryclients n. people who hireprofessionals to do workfor them.

eligible adj. properlyqualified.

exclusive rights n. ownership rights limitedto a particular person orgroup.

intellectual property n. someone’s creative ideathat can be protected witha patent.

notary n. a public officerauthorized to attend tocertain legal matters.

patent n. a governmentdocument that protectsan invention and grantsexclusive rights to its

owner.

patent attorney n. alawyer who is an expert inpatent law.

patentee n. someone whohas received a patent.

provisional patent n. atemporary patent thatprotects an invention for

up to one year prior tothe inventor obtaining aregular patent.

1. Why did the author put the information on page 5into a chart, instead of using paragraph form?

2. The author structured the text in chronologicalorder. Using a graphic organizer, such as the onebelow, write down inventors from the eighteenth,nineteenth, and twentieth centuries who werementioned in this book. Include their inventions.

3. Why do you think creative ideas are calledintellectual property ?

4. This book contains images of many differentinventions. Which one of the images did you find themost interesting? Why?

Reader Response

Eighteenth-century Inventors

Nineteenth-century Inventors

Twentieth-century Inventors

G5 LR 3B 5.3.1 the Patent Process

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