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By J.D. Houvener
Patent Attorney and Founder

Check out this chart right here did you know that this is the whole process on how to file a patent application quite a bit going on there right a little complex just know that this is the fourth step this whole thing is the fourth step where there are actually three earlier steps that need to be taken prior to filing a patent application [Music]

I’m JD hoovener managing partner and CEO here at bold Patton’s Law Firm the patent process can be tedious and there’s a lot of steps involved just know that I and our firm of attorneys are here to help you the inventor move forward one step at a time toward progressing for making your your vision or idea be a reality today I’m going to walk you through the how to file a provisional patent application before we get started I want to let you know that what I’ve done is laid out a timeline for you on this video so you can follow along and if you wanted to if you’re short on time jump to the section that you want to hear about today let’s move right ahead to Step One invention title okay so this is uh sort of a bit of a nuanced thing right and inventors can sometimes get a little bit elaborate with titles I tend to want to keep titles pretty Compact and sort of a least common denominator there’s no reason to to be all frilly and add language to a title the main reason why is you don’t want to actually specificity you want your invention to be really broad so if you’ve invented for example a new type of container device for liquids and you’ve got a closure mechanism that has a nice rubberized seal the title of your invention should not be new silicone rubber C deal for water containers right the title should actually just be liquid container closure does that make sense right you’re actually covering a lot more under that title you’re not limited to just water you’re not limited to just rubber you’re really describing it very specifically but but very simply that’s the best way to go and as far as the title goes you need to make sure your invention is categorized properly and the patent office does that for you so don’t worry about it but it is part of what you can do on being proactive and writing the patent so that it fits into the right technology unit step two what is the general description of your patent application this is the the heart of the patent when you talk about the the length right what is it you’re talking about in the Writ description and it’s it’s really it’s how to make and use your invention it’s that simple you’re explaining to a person of ordinary skill in the art they actually have an acronym for this person a posida person ordinary skill in the art this is who you’re writing to you’re explaining your invention to this poster this this per industry specialist like you in another part of the country right you’re trying to explain your invention to them so that they could take your writings and your drawing and go make your invention right a little scary I know but that’s the kind of detail you’ve got to be able to write in your general description all right number three what does the market need if you’ve got to lay down in your application in some way how does your patented product solve a market need and so this is going to take a little bit of thinking a bit of your business cap coming on thinking about okay what is it that the customers that you’re going to be serving how are they currently being served right how what makes them happy what gets them through the day with this particular issue and then how is your solution better what problem in the market are you solved this is going to be sort of a two-step approach and I’m thinking that the best way to talk about this is really back to a story I hear this from a lot of inventors right it’s a whole lot I don’t have any competition okay they say they say no no I hear you saying I gotta write about Market knee JD but I don’t have any competitors this is brand new right and I said okay that’s great but I know that you’ve got competition even if this patented product were in them on the shelves today there’s competition what I mean by that is that you gotta think about okay who is your who’s your customer the single product like Brita water filters okay bread of water hose let’s think back to when those were first getting patented the inventor of that might might be so boastful to say look I’ve got no competitors no one else is out there filtering water well it’s maybe true but customers are buying bottled water or they’re buying water right from the tap from the utility okay they’re happy maybe not as happy as they could be but they’re sort of they don’t know what they don’t know so that is where your current problem is is being able to prove that customers are dissatisfied getting water out of the tap or from a bottle okay your filter is giving them obviously you know more nutritious you know it’s going to filter out a lot of the contaminants whatever else your invention is doing that’s the need so understanding the demand sort of this this sort of pain in the market and how much room is there so you have to elaborate in your invention in your in your application what it is at your salt in that market need if you’re into this video if you’re loving what you’re hearing it’s so important to me that we share this with as many people as we can so what I want you to do is take a second click the like share this video and provide us a comment if you’ve been scratching your head you didn’t hear something or it doesn’t make sense to you ask a question I personally would do my very best to get back with you and get you the answer you’re looking for so thank you for your likes you share your comments okay the next step is to describe the most basic version of your invention all right and this is one of the hard things to get inventors to do but you know they come in with this rad invention and they they see it hitting the market and being the next you know the next thing right the next fidget spinner whatever it is that’s going to hit the market this is uh this is hard because you’ve got to actually take off all those bells and whistles and strip the invention down to its its Bare Bones it’s skeleton that’s what you need to describe this is going to set the stage for the initial claim set you know what you want to claim is the broadest the biggest most you know Cornerstone foundational claim set is likely going to be structured around this basic version of your invention all right because it is true but the more elaborate you get with your invention the more you describe it and the more you claim it you have narrower rights don’t forget that we’re going to come back to that later all right so the next step is going to be the next section of your invention the application rather is going to be describing the alternative embodiments so you’ve got this stripped down version that we just described now it’s about how do you actually describe this if you were to make it of a different material how might your invention work if you change one of the structural elements and moved it could you make it work with a different input or right could it put more than one output how does that look what would it work with it with a different type of memory system what if you connected it to a b or c or hey how about we’ve moved it to a whole different industry would this work will this have applications there we need to talk about it so this section can be quite lengthy we need to help your pet attorney if they’re working on it or you if you’re doing it on your own brainstorm all the alternative embodies all right so once you get done with all that list now it’s time okay you can finally describe your Cadillac version this is where the inventor and the Patrick work together to describe the full version of your invention will you plan to go to market with have fun with this this is going to be your selected embodiment you’re going to talk about this until you’re blue in the face I mean Pages pages and Pages for many applications in the computer space just for example we go on for 40 50 pages where we describe in full embellishment what this version of your invention is this is also where we’re going to do a deep dive and provide figures diagrams cut views schematics you name it we’re going to hold Novar against this section so have fun and go after describing it in as much detail as you can all right the next part of this is going to be describing somewhere in this application you’ve got to go to break out the uniqueness and I think a nice place to put this is in that market need Market summary solution but you can’t forget this part you’ve got to show two different things about how your invention is unique one how does it functionally perform right what is it doing That’s Unique all right what is the benefit that it gets all right then second how is it doing it so we always do a double check right even even us attorneys need a second pair of eyes we usually lean on another another patent attorney at the firm to make sure that we’ve conveyed this through the patent application one how is it functionally different from firearm and two explaining how how it gets that job done right so there’s the sort of this final force from the trees View and then it’s the zoom in right describing the bark on a single tree both aspects need to be covered top to bottom that’s what makes writing a patent application so hard and so rewarding once you get it done right last but not least we’re going to include those figures I mentioned they’d better be outlined in full detail the beauty of figures and drawings is that they’re there because some things you just can’t explain with words I mean it’s hard and that’s what the figures are there for and they point back and reference and as small the details you want numerals okay that point back to specific sections of those drawings back into the specification it’s awesome and the whole thing is put together it truly is a beautiful document last but not least you ship that baby off to the USPTO for the examiner to do their review you have to put together an oath application data sheet you include a cover sheet an information data sheet which has all the priority that you know about the spec the claims the drawing and any PCT International filing data that you might need last but not least you sign it pay the fees and off you go congratulations you had just filed a patent application so before we go I want to make sure I invite you if you’ve enjoyed this session if you like what you’re hearing today what I want you to do is give us a thumbs up each stage of this process while we can navigate back and forth from this video is key for every inventor to hear so if you know of someone that maybe they’re not inventing yet but they’re thinking about it share this video with them do them a favor and Pay It Forward don’t forget to grab this book it’s on our website bold I’m thrilled to give this away for free okay your own pdf version you can even download it through Kindle this is my gift to you I want to have all my inventors have a baseline core level of understanding about what patents are about so they can make that important business decision but investing in one of the biggest decisions of their life I’m your host JD Hoover I’m the managing partner and CEO here at Bull Patton’s Law Firm it’s my pleasure to talk with you here today and congrats on making a big decision to go big go bold

go big

About the Author
J.D. Houvener is a Registered USPTO Patent Attorney who has a strong interest in helping entrepreneurs and businesses thrive. J.D. leverages his technical background in engineering and experience in the aerospace industry to provide businesses with a unique perspective on their patent needs. He works with clients who are serious about investing in their intellectual assets and provides counsel on how to capitalize their patents in the market. If you have any questions regarding this article or patents in general, consider contacting J.D. at