by Carl W. Battle, 1997, 209 pages, $18.95 (paper), ISBN 1-880559-72-2. Published by Allworth Press

The subtitle of this book describes it as "A Friendly Guide to Protecting and Profiting from Patents". It is an accurate description. It is written by a registered U.S. patent attorney with contributions by five other attorneys. Despite all this legal firepower the book is free from "legalese", and the legal terms one often encounters when dealing with the United States Patent Office (PTO) are explained in laymen's terms.

In addition to patents, the book describes the value of and the procedures for securing protection for your creations by copyright, trademarks, and trade secrets. Inventors tend to focus entirely on securing patents and fail to realize that "Often the success of a product depends more on its name and packaging than of the product itself."

Every year U.S. inventors lose hundreds of millions of dollars by dealing with fraudulent invention promotion firms. This book devotes an entire chapter to evaluating invention brokers. It not only lists the address and phone number of the headquarters for the Federal Trade Commission (FTC) but also for the ten regional offices. Reading this chapter may not only be worth the price of the book, but it may keep you from throwing away thousands of dollars.

The selection of a patent agent or patent attorney can be difficult. Several excellent tips are given. One simple tip suggests that you read a patent they have secured for another inventor. It should be "clear, complete, and easy to understand". Note that this also applies to the patent claims. By law and regulations claims must "be written in a precise and legally prescribed manner". However, even "a relatively inexperienced inventor should be able to understand a good set of claims".

With regard to selecting a patent attorney, the book points out that the arrival of the modern computer has made the solo practitioner more common by decreasing overhead costs. The solo patent practice may be able to offer you lower costs than the professional corporations. The book discusses the pros and cons of this and of dealing with a patent agent.

The book gives advice regarding the writing of your own patent if you feel capable of doing so. The section on writing claims is down to earth. It cites the sections of patent law that apply and explains their meaning in plain English and not in the legal jargon some books dote on. The forms required are included.

Quite often first-time patent applicants are surprised (and stunned) when the "First Office Action" rejects all of their claims. (This is the report your patent examiner sends you detailing his first review of your application.) Suggestions are given as to how you should review and react to this type of office action. A sample "Amendment and Response" form is given. You are not only advised as to certain details, such as typing (preferably double spaced) and margins, but "always be polite and do not get personal with the examiner". Common sense tips are given regarding the arguments you should use to convince your examiner that your invention "is not obvious in view of the prior art." Forms for requesting extension of time and for amendment and response are also given the reader.

The chapter on "Infringement of Patents" emphasizes the importance of writing good claims and being consistent in the of meaning words in both the claims and the specification sections. Make no mistakes if you feel your patent is being infringed. This is an area where the services of an experienced patent attorney are vital. An irate inventor may dash off a cease-and-desist letter which may result in his being sued and being involved in a long and costly litigation. Incidentally, the cost of even a simple patent litigation suit may exceed $500,000!

The chapter on foreign patents is up to date and the information is in laymen's language. Generally speaking they are very expensive and you must have a commercially-valuable invention to justify seeking a foreign patent.

The "Licensing Your Patents and Inventions" chapter notes that even an experienced inventor may lack the legal and business skills to be successful. The mind that can be creative in invention is often not creative in negotiating. A typical patent license agreement is given.

The last chapter, "Starting a Business to Market Your Invention", points out the difficulties as well as the fact that starting a business can yield the most reward.

This is a terrific book at a very low price. It presents the legal aspects of patent law in common terms. It has a positive attitude while taking note of the possible negatives.

A thanks to Cheryl Sperie for suggesting this month's book. If you would like to recommend a book for review, call Bill Bazik at 1-440-734-3297.)