4. 法庭
US federal courts – legal actions.
US supreme court decides cases
from time to time, too
专利代理人和律师
Patent agents and lawyers: about
20,000 to 30,000
“技术人”
And the hundreds of thousands of
you, the technologists, whose work
is the “raw material”
立法
US Congress – the ultimate source
of patent law
专利局
USPTO: about 6,000 patent examiners
Many of the patent examiners have
degrees in science and engineering,
just like you
中间商
Intermediaries specialized in buy
and sell patents
生态圈概览 – 以美国为例
17. An example
• use Apple’s US Patent 5,946,647 as example. That’s the one with which they won
against HTC in December 2011
• You can get a PDF copy at http://www.pat2pdf.org/patents/pat5946647.pdf
• Claim 1 of US 5,946,647 (the one used by Apple against HTC) is re-produced below:
17
案例
18. 18
案例-权利要求1
其权利要求1如下:
A computer-based system for detecting structures in data and performing actions on detected structures,
comprising: (一种用于检测数据中的结构中,并针对检测到的结构执行操作,基于计算机的系统,包括:)
an input device for receiving data;(用于接收数据的输入装置;)
an output device for presenting the data;(用于呈现的数据的输出装置;)
a memory storing information including program routines including;(存储器,用于存储信息,包括程序和例程包括)
• an analyzer server for detecting structures in the data, and for linking actions to the detected
structures;(用于检测数据中的结构,和用于把操作与所检测到的结构做连接的分析器服务器;)
• a user interface enabling the selection of a detected structure and a linked action; and(一个用户界面,可以选择
检测到的结构以及链接的动作;和)
• an action processor for performing the selected action linked to the selected structure; and(用于执行所选的链
接到所选结构的操作的处理器;和)
a processing unit coupled to the input device, the output device, and the memory for controlling the
execution of the program routines.”(一个处理单元,耦合到所述输入装置,输出装置,以及用于控制的程序例程的执行的存储器。)
19. Your reaction probably was:
• That was it? (Correct answer: yes, that
was it.)
• That thing was a patent? (yes, it was)
• I did more in my first C-programming
class than that thing! (But was yours
“useful”, “non-obvious”, and
“novel”?)
• Each of our monthly code reviews can
generate 5 patents! (Maybe. You just
have to give it a try.)
-- Well, the USPTO said yes,
back in 1999. And
it is good for 20 years!
• It claimed a “system”, a utility, an
apparatus, a device, etc., not an
abstract theory
• It was “novel”, as determined by the
USPTO in 1999
• It was “useful”, as determined by
the USPTO
• And it was “non-obvious”, as
determined by the USPTO;
• SO – yes, it is a patent good in the
United States for 20 years from 1999.
案例-工程师们的反应
Did that Claim 1 feel like a patent to you?
22. • Raymond Millien. 2013. Landscape 2013: Who are the Players in the IP Marketplace?
http://www.ipwatchdog.com/2013/01/23/ip-landscape/id=33356/ 中文编译. 知识产权商业
模式研究--见证中间商.
http://www.ipshot.com/a/lawpractice/commode/2012/0829/1864.html
• Russ Krajec. 2016. Investing in Patents: Everything Startup Investors Need to Know
About Patents.
• Yu Uny Cao. 2012. Patents As Financial Assets: A Gestalt View of Building Them Up.
参考文献
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