Patents What they are, Why you need one and How to get one ver steeg february 2013

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Patents What they are, Why you need one and How to get one ver steeg february 2013

  1. 1. Patents What they are, Why you need one & How to get one Presented by: Steven H. VerSteegCalifornia  Texas  New Jersey  North Carolina
  2. 2. What is a patent? A patent is a government authorized monopoly  “A patent is an intellectual property right granted by the Government of the United States of America to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted.” The government gives you the right to exclude others from using your invention without your permission. You are generally free to charge whatever the market will pay for your invention. Attorney Client Privilege/Attorney Work Product 2
  3. 3. Types of patents Plant patents Design patents Utility patents Provisional patent applications Attorney Client Privilege/Attorney Work Product 3
  4. 4. Utility Patent May be granted to 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. Term is 20 years from filing date Attorney Client Privilege/Attorney Work Product 4
  5. 5. Utility Patent Attorney Client Privilege/Attorney Work Product 5
  6. 6. Utility Patent Attorney Client Privilege/Attorney Work Product 6
  7. 7. Utility Patent Attorney Client Privilege/Attorney Work Product 7
  8. 8. Utility Patent Attorney Client Privilege/Attorney Work Product 8
  9. 9. Utility Patent Attorney Client Privilege/Attorney Work Product 9
  10. 10. Utility Patent Attorney Client Privilege/Attorney Work Product 10
  11. 11. Utility Patent Attorney Client Privilege/Attorney Work Product 11
  12. 12. Plant Patent May be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant. Term – 20 years from filing Attorney Client Privilege/Attorney Work Product 12
  13. 13. Plant Patent Attorney Client Privilege/Attorney Work Product 13
  14. 14. Plant Patent Attorney Client Privilege/Attorney Work Product 14
  15. 15. Plant Patent Attorney Client Privilege/Attorney Work Product 15
  16. 16. Plant Patent Attorney Client Privilege/Attorney Work Product 16
  17. 17. Plant Patent Attorney Client Privilege/Attorney Work Product 17
  18. 18. Design Patent May be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. In other words, you are patenting what the object looks like. Term – 14 years from filing Attorney Client Privilege/Attorney Work Product 18
  19. 19. Design Patent Attorney Client Privilege/Attorney Work Product 19
  20. 20. Design Patent Attorney Client Privilege/Attorney Work Product 20
  21. 21. Design Patent Attorney Client Privilege/Attorney Work Product 21
  22. 22. Design Patent Attorney Client Privilege/Attorney Work Product 22
  23. 23. Why do you need a patent? $$$$$$$ To protect your invention Confidence in speaking with potential customers/suppliers “Patent Pending” is a good deterrent to potential copiers Famous clamshell patent - Grid Attorney Client Privilege/Attorney Work Product 23
  24. 24. Grid patent Attorney Client Privilege/Attorney Work Product 24
  25. 25. Grid patent A portable computer constructed to be contained within an outer case for transport and to be erectable to a viewing and operating configuration for use, said computer comprising:  a base,  a display housing,  a top cover,  a rear cover,  hinge means for permitting swinging movement display housing about an axis of rotation adjacent the rear end of the dispaly housing and from a closed and latched position of the display housing on the base to an erected position for viewing by an operator, and including stop means for holding the display housing at the desired angle for viewing,  the hinge means being located in a mid portion of the base and wherein the hinge means permit swinging movement of the display housing to an erected position in which the inner surface of the display housing is held in an upward and rearwardly inclined angle for viewing by an operator in front of the computer, and  including a keyboard in the portion of the base which is exposed by the movement of the display housing to the erected position. Attorney Client Privilege/Attorney Work Product 25
  26. 26. Provisional Patent Application A provisional application for patent is a U.S. national application for patent filed in the USPTO under 35 U.S.C. §111(b). It allows filing without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement. It provides the means to establish an early effective filing date in a later filed non-provisional patent application filed under 35 U.S.C. §111(a). It also allows the term “Patent Pending” to be applied in connection with the description of the invention. A provisional application has a pendency lasting 12 months from the date the provisional application is filed. The 12-month pendency period cannot be extended. Therefore, an applicant who files a provisional application must file a corresponding non-provisional application for patent (non- provisional application) during the 12-month pendency period of the provisional application in order to benefit from the earlier filing of the provisional application. In accordance with 35 U.S.C. §119(e), the corresponding non-provisional application must contain or be amended to contain a specific reference to the provisional application. Attorney Client Privilege/Attorney Work Product 26
  27. 27. Provisional Patent Application The provisional application must be made in the name(s) of all of the inventor(s). It can be filed up to 12 months following the date of first sale, offer for sale, public use, or publication of the invention, whichever occurs first. (These pre-filing disclosures, although protected in the United States, may preclude patenting in foreign countries.) A filing date will be accorded to a provisional application only when it contains:  a written description of the invention, complying with all requirements of 35 U.S.C. §112 ¶ 1; and  any drawings necessary to understand the invention, complying with 35 U.S.C. §113. Attorney Client Privilege/Attorney Work Product 27
  28. 28. How can you get a patent? Get a patent lawyer Write and file a provisional patent application yourself Attorney Client Privilege/Attorney Work Product 28
  29. 29. Provisional Patent Application Write it however you desire Can be a PowerPoint presentation (but would be good to add some text in a word processing document) Can be written similar to a term paper or a paper for a journal article Attorney Client Privilege/Attorney Work Product 29
  30. 30. Provisional Patent Application Requirements:  Provisional Cover Sheet – this is a government form (SB/16 or SB/16-EFS Web)  http://www.uspto.gov/forms/sb0016.pdf  http://www.uspto.gov/forms/ProvisionalSB.pdf  Filing fee - $125 for small entity  The provisional patent application Attorney Client Privilege/Attorney Work Product 30
  31. 31. How can you get a patent? Attorney Client Privilege/Attorney Work Product 31
  32. 32. How can you get a patent? Attorney Client Privilege/Attorney Work Product 32
  33. 33. How can you get a patent? Attorney Client Privilege/Attorney Work Product 33
  34. 34. How can you get a patent? Attorney Client Privilege/Attorney Work Product 34
  35. 35. How can you get a patent? Attorney Client Privilege/Attorney Work Product 35
  36. 36. How can you get a patent? Attorney Client Privilege/Attorney Work Product 36
  37. 37. How can you get a patent? Attorney Client Privilege/Attorney Work Product 37
  38. 38. How can you get a patent? Attorney Client Privilege/Attorney Work Product 38
  39. 39. How can you get a patent? Signature:  /John Smith/ Small Entity Status Pay with Credit Card Print a copy of the webpage confirming your filing USPTO will mail you a filing receipt Attorney Client Privilege/Attorney Work Product 39
  40. 40. Thank you! Steven H. VerSteeg Patterson & Sheridan, LLP 3040 Post Oak Boulevard Suite 1500 Houston, TX 77056 (713) 577-4813 Attorney Client Privilege/Attorney Work Product 40

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