how to invention & practice it


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Invention can be practiced...
Patent it Yourself - step-by-step
First, find a real problem
Second, solve it

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how to invention & practice it

  1. 1. Introduce invention & practice it chapter 1 &2, “Patent It Yourself: Your Step-by- Step Guide” 15th Chen JingFung (Grace) 2012/03/01Patent It Yourself 15th edition,2011, ISBN: 1413313825, 624 grace @csie.ntut 1pages, PDF, 16,2 MB
  2. 2. outline• 3 types of Patents• Intellectual Property Guides – Including patent law, case study…• An invention lifecycle• Invention lesson• Invention practice grace @csie.ntut 2
  3. 3. 3 types of patents – utility patents• Utility Patents: – Consist of detailed description – Claims that define the invention, drawings of the invention, formal paperwork, etc. US7,351,265 covers Piaggio’s US8,051,444: make a bridge scooter-size hybrid technology grace @csie.ntut 3 btw Ads & TV program
  4. 4. 3 types of patents – design patents• Design Patents: – Consist primarily of drawings, along with formal paperwork … Italian Scooter Design Patents: Claim Construction Rules Lead to Summary Judgment of Non- Infringement D505,846: bottle opener D517,789: footwear D547,242:3-wheel design grace @csie.ntut 4
  5. 5. 3 types of patents – plant patents• Plant Patents: – Discovery in a cultivated area – can be a asexually reproducible plants (grafts & cutting), sexually reproducible plants (pollination), monopolized under the Plant Variety Protection Act … grafts & cutting No. 15,103 No. 15,185 grace @csie.ntut 5
  6. 6. Intellectual Property Guides • Protect a whole process from intangible to tangible Ref: HTC • ǂ: timing is crucial (1 year secret) • *: obtain a know-how government’s proof grace @csie.ntut 6
  7. 7. Intellectual Property Guide – case study• China‘s Proview (唯冠) escalates fight over iPad • Proview are suing name to the next level: Apple for alleged ‘worldwide rights’ fraud and unfair competition – to reclaim their ownership after a 2009 sale of the name. – the “IPAD” trademark for $55,000 ref: (2012/2/27) grace @csie.ntut +chinamedia(2012/2/28) 7
  8. 8. Intellectual Property Guide: comparisons Right Usage fee Advantage Articles where the new Apply: $3,800 Expire: 20 years from Utility features have a useful ~ $15,000 filing date patent function Design The aesthetic shape or Apply: $1,600 Lasts only 14 years, 1~3 patent layout by artificial ~ 2,600 years secure Writings, flat artwork, Only small A very long time ( life +Copyright photos, maps, drawings, filing fee 70 years or 95-120 years) © programs, prints, labels, movies … Nature Mountain, sea … 0 About $50 ~ • Trademark can deny $120 offensive rightTrademark ‐ become ™, ® “generic” ‐ Ex. Xerox, Aspirin Ref: grace @csie.ntut 8 Patent fee:
  9. 9. Intellectual Property Guide – case study trademark• “Linsanity” both in China, and at the U.S. Patent and Trademark Office ( 2012/2/28) grace @csie.ntut 9
  10. 10. Intellectual Property Guide: Patent fees list Design Plant Utility patent patent patent Application H L M filing fee Issued fee H L L Fee1 (3 years): L Maintenance Fee2 (7 years): M No Nofees after issue Fee3(11 years): H grace @csie.ntut 10
  11. 11. Intellectual Property Guide: patent vs. copyright ©• Computer programs are best example for both a patent & copyright protection – Run “routines” (a series of numerical relationships) • be covered under the copyright laws – Composing a set of instructions that make a machine operate in a certain way (To affect some Hardware or process) • (1) is tied to a particular machine or apparatus, or • (2) transforms an article into a different state or thing grace @csie.ntut 11
  12. 12. Intellectual Property Guide: Use a patent • A Patent Can Be Used as an Offensive Weapon or as a Prior-Art Referenceindustrial applicability orindustrial application is apatentability requirement 12 grace @csie.ntut
  13. 13. An invention lifecycle about a patent Invention in our “Trade secret”: “prior-art mind kept confidential reference” Patent Invention expired (20 document years after <- not filing date) apply • Patent & Trademark Office (PTO)• Maintain lawsuit In-force Patent • Maintain lawsuit for for infringement infringement patent <- pending <-• In-force period: at • Start to pay the issued it apply it maintenance fees least 17 years grace @csie.ntut 13
  14. 14. Invention lesson (1)• 73% of all inventions, have started new industries, are from individual inventors – “Everything that can be invented has been invented” • U.S. Patent Office Director urging President to abolish the Office in 1899 – Don’t say: no use going on with it because surely someone has invented it already – Try to develop your invention be a readily sold Ref: HTC grace @csie.ntut 14
  15. 15. Invention lesson (2) problem recognition & solution• Most inventions are conceived by the following two-step procedure: – (1) recognizing a problem <- 90% • Run two-step process of identifying a problem & solving it – Find a problem: “To be an inventor is to perceive (feel) need.” – Solve it: Try to make it cheaper, faster, bigger or smaller, etc. – (2) fashioning a solution <- inspiration 10% grace @csie.ntut 15
  16. 16. Invention practice (1) Intermittent Windshield Wipers• Problem: – In drizzles, the slowest speed of windshield wipers was unnecessarily fast, and merely slowing the wipers was unsatisfactory, since a slow sweep was annoying. grace @csie.ntut 16
  17. 17. Invention practice (2) Intermittent Windshield Wipers• Solution: – Provide a “drizzle” setting where the windshield wipers made normally fast sweeps but paused after each sweep.• Individual inventor – Dr. Kearns’s brilliantly ingenious solution earned him and his estate over $50 million in royalties, after he sued Ford, Chrysler, and others, as documented in the movie, Flash of Genius (靈光乍現) grace @csie.ntut 17
  18. 18. HW 1• Practice 2 steps of inventions – find a problem – Try to solve it grace @csie.ntut 18
  19. 19. Reference• David Pressman, chapter 1 &2, “Patent It Yourself: Your Step-by-Step Guide” to Filing at the U.S. Patent Office, 2011, 15th edition, ISBN- 10: 1413313825• Flash of Genius Official Movie Trailer HD, RE• Blog:• Agile for progressing: ile• China patent statistics NDD5EYQIBI.shtml?c=sh_stock grace @csie.ntut 19