01-United States Utility Patents: Introductions and Orientation
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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!