Patent Fundamentals for the Start-up | Michael A. Shimokaji | Lunch & Learn
•
1 like•244 views
About UCI Applied Innovation: UCI Applied Innovation is a dynamic, innovative central platform for the UCI campus, entrepreneurs, inventors, the business community and investors to collaborate and move UCI research from lab to market. About the Cove @ UCI: To accelerate collaboration by better connecting innovation partners in Orange County, UCI Applied Innovation created the Cove, a physical, state-of-the-art hub for entrepreneurs to gather and navigate the resources available both on and off campus. The Cove is headquarters for UCI Applied Innovation, as well as houses several ecosystem partners including incubators, accelerators, angel investors, venture capitalists, mentors and legal experts. Follow us on social media: Facebook: @UCICove Twitter: @UCICove Instagram: @UCICove LinkedIn: @UCIAppliedInnovation For more information: cove@uci.edu http://innovation.uci.edu/
Recommended
Recommended
More Related Content
Viewers also liked
Viewers also liked (8)
Similar to Patent Fundamentals for the Start-up | Michael A. Shimokaji | Lunch & Learn
Similar to Patent Fundamentals for the Start-up | Michael A. Shimokaji | Lunch & Learn (20)
More from UCICove
More from UCICove (20)
Recently uploaded
Recently uploaded (20)
Patent Fundamentals for the Start-up | Michael A. Shimokaji | Lunch & Learn
- 1. PATENT FUNDAMENTALS FOR THE START-UP MICHAEL SHIMOKAJI 1 SHIMOKAJI.COM
- 2. THREE KINDS OF PATENTS • Plant • Design • Utility 2 SHIMOKAJI.COM
- 3. PLANT PATENT • Legal definition - “asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state” 3 SHIMOKAJI.COM
- 4. PLANT PATENT • Protection for 15 years 4 SHIMOKAJI.COM
- 5. DESIGN PATENT • Legal definition – “ornamental design for an article of manufacture” 5 SHIMOKAJI.COM
- 6. DESIGN PATENT • Article of manufacture is: - a thing made by hand or machine - end product sold to consumer or component of end product 6 SHIMOKAJI.COM
- 7. DESIGN PATENT • Protects the way an article looks, now how it works 7 SHIMOKAJI.COM
- 8. DESIGN PATENT • Includes: - configuration or shape of article - surface ornamentation of article 8 SHIMOKAJI.COM
- 9. DESIGN PATENT • Design must be “primarily ornamental”, rather than primarily functional, when viewed in its entirety • Functional article may still be protected 9 SHIMOKAJI.COM
- 10. DESIGN PATENT • Protection for 15 years 10 SHIMOKAJI.COM
- 11. DESIGN PATENT • Attorney costs: - $2000 to file - $1500 to process 11 SHIMOKAJI.COM
- 12. DESIGN PATENT • Possible strategy: - use design protection instead of utility - faster and cheaper 12 SHIMOKAJI.COM
- 13. UTILITY PATENT • Legal definition - “new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof” 13 SHIMOKAJI.COM
- 14. UTILITY PATENT • Yes – it can protect software and business methods 14 SHIMOKAJI.COM
- 15. UTILITY PATENT • Two kinds: - provisional (only application) - non-provisional 15 SHIMOKAJI.COM
- 16. UTILITY PATENT • Provisional benefits: - patent pending status - early filing date - fast, low cost 16 SHIMOKAJI.COM
- 17. UTILITY PATENT • Provisional disadvantages: - cannot sue infringer - potential missing information - expires in one year SHIMOKAJI.COM
- 18. UTILITY PATENT • Provisional attorney costs: - $1500 to file - $0 to process 18 SHIMOKAJI.COM
- 19. UTILITY PATENT • Provisional possible strategy: - use one year to test your market - file provisional and convert to non- provisional 19 SHIMOKAJI.COM
- 20. UTILITY PATENT • Non-Provisional benefits: - exclude persons from making, using, selling, offering for sale - protection potentially broader than product - protection for 20 years SHIMOKAJI.COM
- 21. UTILITY PATENT • Non-Provisional disadvantages: - only protected in US - no protection beyond patent claims - cannot renew SHIMOKAJI.COM
- 22. UTILITY PATENT • Non-Provisional attorney costs: - $5000 to file - $5000 to process 22 SHIMOKAJI.COM
- 23. UTILITY PATENT • Non-Provisional possible strategy: - file non-provisional (not provisional) to get issued patent against potential infringer - file non-provisional (not provisional) when you want to sell your idea SHIMOKAJI.COM
- 24. FOREIGN PATENT • How to: - PCT - direct 24 SHIMOKAJI.COM
- 25. FOREIGN PATENT • Foreign benefits: - selling outside US - manufacturing outside US 25 SHIMOKAJI.COM
- 26. FOREIGN PATENT • Foreign disadvantages: - country specific protection - translation costs 26 SHIMOKAJI.COM
- 27. FOREIGN PATENT • Foreign attorney costs: - $5K-10K to file - $5K to 10K to process 27 SHIMOKAJI.COM
- 28. FOREIGN PATENT • Foreign possible strategy: - file foreign if there is financial justification - file foreign if you want to sell your idea 28 SHIMOKAJI.COM
- 29. QUESTIONS? • Contact info: Michael Shimokaji mshimokaji@shimokaji.com (949) 788-9968 29 SHIMOKAJI.COM