Patents > Becoming a Patent Agent/Lawyer
Writing a patent drafting book
ex-aminer?:
OK. Let me first state that I'm a examiner of 5 plus years. I feel like I've gathered enough experience that I know what it takes to get a patent, being a member of the very group who says yes or no.
I know that we're barred from filing for patents, but this makes sense. As long as any particular knowledge of the PTO isn't discussed, (not that examiners have much intimate knowledge anyway), are there any gov't laws or PTO laws that exclude an examiner from opining on the best methods to obtain a patent?
I've wondered about this for a while.
Blutarsky:
You might make a few bucks (which isn't a bad thing), but after being in this business for quite a bit longer than five years I can tell you that examination practices at the PTO are disturbingly disjointed. You will never find two examiners that will decide a case similarly. Subjectivity reigns supreme. Thus, I would not find the musings of a single examiner particularly helpful.
I would hop on this side of the fence for a few years and see if what you know allows you to obtain patents with a higher/faster allowance rate having suitably broad claims relative to your peers.
Evil In House Counsel:
A book on patent drafting written by an examiner, i.e. someone who has never actually drafted claims from scratch? Totally useless.
Now, a book on what really goes on in the patent office, with advice on how to get your patents through the office, written by an examiner? That might be something. I'd purchase it if it was reasonably priced.
ex-aminer?:
Evil, more the 2nd type of book. A "straight dope" if you will. The way things really work.
It's this type of angle that bothers me. I feel like it could get me in hot water and my full-time job could be in jeopardy. This is obviously undesirable, just to make a little cash and sell some e-books.
I completely agree that "disturbingly disjointed" is how the PTO operates. I've seen a fair number of absolutely horrible rejections, horrible art and/or horrible obviousness rationale. The PTO is like any other company/agency, where you will have competent people and incompetent people (Some agencies like the DMV are 95% incompetent, most law firms are 95% competent, and I'm not sure where the PTO lands, but hopefully more on the competent side 8) . I'm not sure if "disjointed" is fixable however, since the job is almost 100% autonomous. Even the same examiner with a different boss might see a significant change in rejections/allowances, art, etc.
Even though its disjointed, I think me going through my standard process of examination, including key things that frustrate my search (see: help you get a patent) probably apply to other examiners who have made it to the primary level.
My real question was repercussions. Can I write about the PTO (we don't even have security clearances)? How do pseudonyms work e.g. can you file for a copyright under a pseudonym? Is it humanly possible this type of book jeopardizes my job? Obviously, absolutely no names or inventions would be disclosed, just all general "helpful" information for getting a patent. Like I said above though, because I'm aiming for the real deal, how things really get done, what goes through an examiners mind, etc. I could see it angering management.
JustAnotherExaminer:
--- Quote from: Evil In House Counsel on 08-18-12 at 04:16 pm ---A book on patent drafting written by an examiner, i.e. someone who has never actually drafted claims from scratch? Totally useless.
Now, a book on what really goes on in the patent office, with advice on how to get your patents through the office, written by an examiner? That might be something. I'd purchase it if it was reasonably priced.
--- End quote ---
How to get a patent:
Step 1: File 100 pages of arguments on your first response. Argue. every. single. limitation. of. every. independent. and. dependent. claim. Argue against obviousness of every combination of reference forwards and backwards using every single anti-obviousness rationale.
Step 2: Once you've got a nice, organized response together with all your arguments lined up in logical order, cut and paste sentences from all the pages into random other pages. E.G. Have arguments 1 through 100, argue argument 1 on pages 1, 12, 21, 35, 46, 62, and 86. You get the idea.
Step 3: File an appeal in your second and every future response until allowance.
Your application will either be allowed or sent to the black hole room. With the new workflow system, more likely allowed.
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