Patents 101 w/ Saul Aguilar

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Presentation from UW's iSchool IMT550 Law, Policy & ethics from Winter 2010. Covers the basics of patent law and a few of the concerns with patents. …

Presentation from UW's iSchool IMT550 Law, Policy & ethics from Winter 2010. Covers the basics of patent law and a few of the concerns with patents.

This is student work posted w/ students permission. Copyright on images has not been cleared and may not be fair use in all contexts. It is posted here for educational and archival purposes and only for noncommercial use.

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  • 1. Patents--Overview
    By Saul Aguilar
  • 2. E=mc2 by Einstein??
  • 3. What is a “Patent?”
    Apatent (pronounced /ˈpætənt/ or /ˈpeɪtənt/) is a set of exclusive rights granted by a state (national government) to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention.*
    *Source: Wikipedia
  • 4. What does that mean?!
  • 5. Overview
    Define it some more!
    Anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.*
    In certain countries, business methods and mental acts. (See Bilski case)
    *Source: Wikipedia
  • 6. Types of Patents
    Recombinant DNA
    Business Methods (excluded in some countries)
    Software (hot topic)
  • 7. So what?
    A patent is not a right to use said invention.
    Excludes other from:
    making, using, selling, offering for sale, or importing the patented invention for the term of the patent.
    Patents are limited property rights.
    It may be sold, licensed, mortgaged, assigned or transferred, given away, or simply abandoned.
    Patents cannot be exploited—Mouse trap design
  • 8. Enforcement
    Patents can only be enforced by civil lawsuit.
    France and Austria are the exceptions.
    Inventor will seek compensation for infringement.
    Must establish at least one claim of the patent is being infringed upon.
  • 9. Patent Licensing
    Patent licensing agreements:
    Contracts in which patent owner forgoes right to sue a licensee.
    Done in return for royalty or compensation.
    Companies cross-license
    License to each other
    Share benefits
  • 10. How do I get one of those?
    Must apply at a relevant patent office.
    Some countries require “best mode”
    How will it help
    Use drawings
    Application includes one to two claims.
    Patent must meet Patentability requirements.
  • 11. But…why?
    Four main incentives behind the patent system:
    to invent in the first place
    to disclose the invention once made
    to invest the sums necessary to experiment, produce and market the invention
    to design around and improve upon earlier patents
  • 12. Criticisms
    Being granted to “already-known” inventions.
    Conferring a “negative-right” upon the patent owner
    Patents may hinder innovation:
    Patent trolls
    Pharmaceutical patents
  • 13. Thank you
    Any questions?