You are here:   Basic Patent Training

Basic Patent Training™

  The Basic Patent Training™ course is the first step in the program. Watch the Basic Patent Training video tutorial to learn more about this resource and how to use it for preparing for the exam.


Updates!

The Patent Training Workshop has now been completed. This new video course includes more details on patent law. The current Basic Patent Training course has about 4 hours of video covering the fundamentals. The new version offers approximately 12 hours of instructional training which will help you gain more expertise in the area of patent law before you move onto Step II.

Approximately 12 hours of this new course have been created and uploaded. You may access this new course by clicking on this link.

We recommend you review the Patent Training Workshop.


Start the Basic Patent Training Course

Start here! Clicking on this link will take you to the first module of the Basic Patent Training™ course.
Take the quizzes and make sure you're learning what you need to know. Score 70% or above on each before you move on.
Review over 250 important patent law terms. Make sure you're up to speed on the terms used throughout the material.

 


Additional Tools

Score Keeper »
All your scores will be reported in the Score Keeper for your convenience.
Social Community »
Collaborate and network with other members enrolled in the course.
Audio Streaming »
You may stream the audio files from the Basic Patent Training™ course and listen to them on the go.


Objectives

Module I: Introduction to Patent Law

Module I »

This module covers the who's, what's, when's, where's, and why's of patenting.

  • To get things started you'll learn about the different people involved in the patent process. From inventors and patent practitioners to the USPTO and its examiners, learn who sets the stage for patent law.

  • You'll also learn about what's involved with gaining a patent.Writing and sending in the patent application is important, but it's really just the beginning. After that comes the patent examination. Briefly learn about patent application requirements, what happens after the application is sent in and the PTO's three strike rejection system.

  • Next you'll be exposed briefly to the rules of patentability, focusing on exactly what constitutes a patentable invention.

  • You'll also learn where patent law comes from.

  • Finally you'll gain an explanation of why it's worth getting a patent.Discover the rights that are granted when a patent is issued (and a few rights that aren't).

Module II: Patent Basics

Module II »

In this module you'll be exposed to a few of the basics of patents including;

  • The USPTO's confidentiality code.

  • The filing date issues associated with patent applications.

  • The difference between inventors and assignees and who the power of attorney may be granted to.

  • The different fees associated with patents. Learn about small entities, the discounts granted to them and maintenance fees.

  • The different mailing methods for submitting an application and the relevant documents to the PTO.

Module III: Application Types

Module III »

You'll learn a little about the different application types in this module.

  • Learn the fundamentals of national, international patents and Patent Cooperation Treaty applications (PCT). Foreign filing requirements will also be covered.

  • There are two parent application types; nonprovisional and provisional. Learn the differences between the two and what their major requirements are.

  • There are many subsequent patent application types. These include divisionals, continuing, C-I-P's, CPA's, substitutes, RCE's and reissues. There are also SIRs which were repealed in the America Invents Act (AIA).

Module IV: What Goes in an Application?

Module IV »

This module will provide you with an overview of the contents that are included in an acceptable patent application.

  • Learn all about the oath/declaration and information disclosure statements.

  • The specification is one of the most important parts of the application. We will discuss its contents, especially the claims. Learn the general rules regarding claims and how they must be written.

  • Drawings are required in most patent applications. Find out the specifics related to drawings and the alternatives that may be possible.

Module V: Examination Basics

Module V »

This module covers what happens during the examination of the application.

  • Office actions are at the core of the examination process. You'll learn about first Office actions, second Office actions and Final rejections. Then, you'll briefly see ways to respond to Office actions and make amendments to the application.

  • Applicants may be able to apply for an extension of time if they are having difficulty responding to an Office action. Learn the in's and out's of extensions of time.

  • It isn't always possible to communicate clearly through mail, therefore an applicant may be able to schedule an interview with the examiner assigned to their application.

  • The examination of an application may take years. There are a few options for speeding up the examination of a patent application.

  • Ultimately, an application will either be abandoned or allowed. Learn the details of each and along with specifics on patent terms.

Module VI: Basic Rejections

Module VI »

Learn the in's and out's of the four major rejection types. These are 35 U.S.C. 101, 35 U.S.C. 102 (covered in Module VII), 35 U.S.C. 103 and 35 U.S.C. 112.

  • Discover what may or may not qualify as a patentable invention. Is the subject matter something that fits within the realm of a patented invention? A 100 page manual discussing basket-weaving will not qualify for a patent. Neither will landfill. The object must have a real world value. Rejections due to patentability issues are covered under 35 U.S.C. 101.

  • 35 U.S.C. 103 and the laws of obviousness will be discussed here. If the subject matter is considered obvious, it doesn't qualify for a patent. We will ponder the line between obviousness and nonobviousness.

  • The specification is a very important component of any patent application. Discover the in's and out's of 35 U.S.C. 112, the law governing the specification.

Module VII: The Statutory Bars

Module VII »

35 U.S.C. 102 is entitled, "Conditions for patentability; novelty and loss of right to patent". This statute provides the reasons why a patent application might not be allowed due to issues with novelty and statutory bars. 35 U.S.C. 102 is broken up into several different subsections, all dealing with these statutory bars.

There are 2 versions of 35 U.S.C. 102; pre AIA and post AIA. AIA stands for America Invents Act. One of the biggest impacts of the AIA was the conversion to the First Inventor to File System which impacts 35 U.S.C. 102.

  • The America Invents Act (AIA) version of 35 U.S.C. 102 became effective March 16, 2013. It covers the statutory bars related to the First-Inventor-to-File System.

  • The older version of 35 U.S.C. 102 (called pre AIA) covers the statutory bars related to the First-to-Invent System. This module provides an introduction to both versions of 35 U.S.C. 102.

Module VIII: Overcoming Rejections

Module VIII »

This module covers ways to overcome rejections.

  • We'll briefly discuss affidavits under 37 C.F.R. 1.131, otherwise known as swearing back or swearing behind, is commonly used to overcome certain types of rejections.

  • 37 C.F.R. 1.132 is another possibility for overcoming rejections in many applications. Gain an overview of this rule.

  • Learn how perfecting a priority claim may help overcome certain types of rejections.

  • Patentably distinguishing claims from conflicting prior art is a useful method for overcoming rejections. Learn a few details for patentably distinguishing claims.

  • Amending part of the patent application in accordance with an examiners rejections is another possibility for overcoming rejections that will be discussed in this module.

  • Learn about terminal disclaimers which may help an applicant overcome certain types of rejections.

Module IX: The Possibilities

Module IX »

This section covers a few of the possible proceedings an application may get caught up in during examination or after issuance. The proceedings are covered briefly in this module.

  • All is not lost after a Final rejection is sent out. The applicant may opt to appeal the examiner's rejection.

  • Discover the in's and out's of protests. These may be submitted when a member of the public believes the subject matter in a pending application is unpatentable.

  • Third parties may contribute to the quality of issued patents by submitting preissuance submissions during the examination of the application.

  • What if a member of the public believes the subject matter in an already issued patent is unpatentable? File a reexamination, of course. Learn the details of a reexamination.

  • Patent owners may request a supplemental examination to ask the USPTO to consider information and related issues concerning the patentability of the application.

  • The first to file may not always be the one awarded priority in certain instances. Learn about interferences; the exception to the longstanding rule.

  • Derivation proceedings help ensure that the first person to file an application is the true inventor.

  • Learn about the new trial proceedings which include Inter Partes Review Proceedings, Post-Grant Review Proceedings, and Transitional Program for Covered Business Method Patents.