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01-United States Utility Patents: Introductions and Orientation

01-United States Utility Patents: Introductions and Orientation






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    01-United States Utility Patents: Introductions and Orientation 01-United States Utility Patents: Introductions and Orientation Presentation Transcript

    • United States Utility Patents: Introductions and Orientation Kristine H. Johnson MacMillan, Sobanski & Todd, LLC [email_address]
    • Welcome!
      • Please always feel free to ask me
        • To slow down
        • To repeat information
        • To explain more about a subject
        • To be louder (or quieter!)
        • To take a break
        • To address your interests
    • Topical Orientation
      • This presentation covers
        • United States patents - practical & legal
        • Utility patent law
        • Obtaining utility patents
        • Some enforcement of utility patents
        • No licensing
        • Brief comments on utility patent interface with other US and worldwide intellectual property
    • Geographical Orientation  USPTO  Cornell  Kristi
    • Geographical Orientation United States Patent & Trademark Office in Alexandria, Virginia
    • Historical Orientation – US Patents
      • 1641 Mass. court grants patent for salt making
      • 1776 US Constitution enacted
      • 1790 first US Patent Act enacted
      • 1836 Patent Office formed
      • 1887 US joins Paris Convention
      • 1968 US signs Patent Cooperation Treaty
      • 1995 US signs Uruguay Round Agreements Act
      The US is a baby compared to Korea!
    • Patent-Related “Checks and Balances”
      • Executive
      • Legislative
      • Judicial
    • Executive Branch 2010
      • President (Barack Obama)
        • Secretary of Commerce (Gary Locke)
          • Director of Patents (David Kappos)
            • Commiss’r of Patents (Robert Stoll)
              • Deputy Comm’r (Magaret Focarino)
              • -- Examiners (hierarchy)
      David Kappos
    • Legislative Branch
      • Founders ; Constitution (Article I, § 8, clause 8 )
        • House and Senate ; Statutes (35 USC)
          • Patent Office, with Public Comment ; Regulations (37 CFR, chapter 1)
            • Patent Office Only (Manual of Patent Examining Procedure “MPEP”)
    • Judicial Branch
      • Supreme Court (D.C.)
        • Court of Appeals for the Federal Circuit (D.C.)
          • U.S. Federal District Courts (11 districts)
    • US Federal Judicial Districts
    • Patent Service Industry
      • Searchers
      • Artists (Draftsmen)
      • Sequence Listing Experts
      • Preparers (Patent Agents & Attorneys)
      • Maintenance Fee Docketers/Payers
      • Enforcers (Litigation Attorneys)
    • Patents
      • A patent is issued by the U.S. Patent and Trademark Office
      • A patent provides the patent owner with the exclusive right to exclude others from making , using , offering for sale , selling or importing an invention
      • A patent has a term of up to 20 years
    • Patent Types
      • Utility : a process, machine, product or composition of matter (e.g., combination toaster and microwave)
      • Design : an ornamental design for a product (e.g., Apple iPod)
      • Plant : new varieties of plants (e.g., Hawaiian Volcano Plant)
    • Questions? Please Ask! Thank you to Ms. Jenna Cogswell at MST who helped prepare these slides Contact us at [email_address] or 419.255.5900 for permission to use these slides, or to ask questions. We are happy to let others use these slides, but we would like to know who they helped!