16 Good Reasons For Pursuing A Quick Patent Grant 100422.pdf
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Why receiving a granted patent today is better than receiving the same granted patent only tomorrow.
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This document provides information about patents, including:
- Patents provide exclusive rights over new inventions and ideas to prevent others from using them without permission. Patent owners can give permission or transfer rights to others.
- There are different types of patents including utility patents, design patents, and plant patents.
- Patents are territory-specific and have a typical life of 20 years, after which the invention enters the public domain.
- Applying for a patent can be a complex process that may require working with a patent attorney or agent, especially for international applications. It may take 2 or more years for a patent to be granted.
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Recommended
November 2011 Patent Group Luncheon
Topics covered in this month’s patent group presentation include prioritized examination, discussion of a case regarding the De Novo standard of review, and discussion of recent case law following the Bilski decision.
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This memorandum from Morris, Manning & Martin addresses common questions about patents from technology and business clients. It discusses why companies should consider filing patent applications, including to protect against competitors and add value. It also covers when to begin the patent process, the differences between provisional and non-provisional applications, typical timelines and costs for patent applications, and other issues like international protection and determining patentability.
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This document discusses intellectual property rights relating to patents, including patent infringement. It covers the following key points:
- Patents confer the right to exclude others from using the patented invention, but do not allow the patent owner to automatically exploit the invention.
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- Defenses against infringement include proving a patent is invalid. Potential remedies for infringement include injunctions, damages, and in some cases enhanced damages for willful infringement.
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• Federal Circuit “computer readable medium” claim eligibility
• Update on patent eligibility of isolated DNA
• USPTO’s Ombudsman Program became permanent
• USPTO just issued Patent No. 8,000,000
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This document provides information about patents, including:
- Patents provide exclusive rights over new inventions and ideas to prevent others from using them without permission. Patent owners can give permission or transfer rights to others.
- There are different types of patents including utility patents, design patents, and plant patents.
- Patents are territory-specific and have a typical life of 20 years, after which the invention enters the public domain.
- Applying for a patent can be a complex process that may require working with a patent attorney or agent, especially for international applications. It may take 2 or more years for a patent to be granted.
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2) It overviews common ethical issues like subject matter conflicts, inventor conflicts and representation, failure to supervise staff, and signature requirements.
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1) Patent protection prevents others from exploiting inventions for 20 years, allowing license or sale of the patent.
2) Patents help brand and value companies by allowing labels of "patent pending" or "patented" on products and websites.
3) Patents can be enforced if infringed, allowing recovery of damages as seen in a case of Apple paying $368 million.
4) Filing establishes priority date and number for the invention as public record.
5) Patents are valuable intangible assets that increase company valuation for acquisition.
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How to calculate damages during patent infringement?
In case of patent infringement, there are two types of damages: (a) Loss Profits, and (b) Reasonable Royalty. Loss profits imply additional profits that the patent owner would have made if there had been no patent infringement. Reasonably royalty on the other hand implies minimum damages that a patent owner can receive pertaining to a reasonable amount that someone would have agreed to pay to the patent owner for using the patented technology and patent owner would have accepted.
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In past, various federal courts in US have clarified that in case patentee is unable to prove actual damages (i.e. loss profits), there exists no single methodology to determine reasonable royalty damages.
Standard Essential Patents (SEPs)
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2) All businesses, not just technology companies, rely on some form of IP like trademarks, copyrights, and trade secrets.
3) Failing to properly protect and manage IP can kill business deals and leave companies vulnerable to lawsuits. Proper ownership and licensing of IP is important.
Doctrine Of Equivalence
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Disclaimer: This is not legal advice.
Patent Remedies
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Patent Infringement
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
This a discussion on patent infringement for academic purpose. Please do NOT consider this legal advice.
[Some material has not been updated for recent changes, so use it at your own risk]
Disclaimer: This is not legal advice.
Important Provisions of The America Invents Act Take Effect in September
The America Invents Act takes effect in September 2012, bringing significant changes to US patent law. Key provisions include:
1. Supplemental examination allows patent owners to address issues to strengthen patents against certain challenges.
2. Third parties can submit prior art for pending patent applications.
3. Inter partes review replaces inter partes reexamination, allowing more challenges based on anticipation and obviousness.
4. Requirements for inventor oaths become more flexible.
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This document discusses patent infringement, including what it is, types of infringement, how to judge infringement, and potential consequences. Patent infringement occurs when someone makes, uses, or sells a patented invention without permission from the patent holder. There are two types of infringement: direct infringement involves directly using the patented invention, while indirect infringement involves supplying parts that can only be used with a patented invention. To determine if infringement occurred, a court will analyze the patent claims and see if they encompass the accused device or process. Potential consequences of infringement include barriers to innovation, damage to economic and legal systems, and financial remedies determined in court cases.
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2) Complex license structures can invite misunderstanding between the licensor and licensee.
3) Business people and lawyers may have different interests in structuring agreements, with lawyers focused on contingency and business people on timelines.
4) When negotiating, understand both sides' cost-benefit considerations, such as expected damages, legal fees, and the negotiation range.
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This document summarizes the challenges faced by owners of standard-essential patents in enforcing their patents and obtaining fair compensation. It discusses how the inability to obtain injunctions in certain jurisdictions like the US, along with low damages awards, has led to widespread "patent hold-out" where companies use patented technology without licenses. The document reviews approaches to standard-essential patent enforcement across different countries and regions, noting more patentee-friendly approaches in Europe, Brazil, India and other forums compared to the US. It provides recommendations for standard-essential patent owners to maximize enforcement, including pursuing litigation in multiple jurisdictions, complying with any applicable FRAND licensing rules, and making license offers before seeking injunctions.
Infringement of patents and remedies
This document discusses patent infringement and remedies under Indian law. It defines patent infringement as making, using, offering to sell, selling, or importing a patented product or process without permission. There are direct and indirect types of infringement. Certain uses for research or education are excluded. The patentee or assignee can file an infringement suit within 3 years. The plaintiff bears the burden of proof initially. Remedies for infringement include injunctions and damages or accounting of profits. Temporary injunctions require considering a prima facie case, balance of convenience, and irreparable loss. Several case laws are discussed, including ones related to linezolid patents, DTSi technology, the rejection of a patent for Gleevec, and actions for
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Below is a presentation examining whether the AIA will change patent litigation in the Eastern District of Texas. The presentation explores aspects of the AIA, including changes to joinder, Post Grant Review and Inter Partes Review and how each of these changes in the law may impact patent litigation, particular with regard to the Eastern District of Texas.2019 q4-guide-to-patent-litigation-in-federal-court final
This pamphlet provides an easy to understand explanation of how federal court patent litigation works, from filing of the complaint all the way to appeals, all in plain English and geared toward the non-expert. Please check it out and let me know what you think!
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Many startup founder face this question atleast once "Should they patent their products and technology or not? Is it that important? What if you don't patent? Are there other shortcuts? This article delve deeper in to this matter.
MMM IP NEWSFLASH
The document summarizes a new USPTO pilot program that aims to provide more time to file regular patent applications after provisional patent applications. However, the benefits are more limited than they initially appear:
- The program only provides an additional 12 months to pay the search and examination fees for the regular application, while still requiring the regular application be filed within 12 months of the provisional.
- For large companies, the delayed payment of these two fees provides limited practical benefit given the overall costs of patent prosecution.
- Provisional applications still require demonstrating possession of the invention to the same standards as a regular application, so simply filing a provisional does not buy significant extra time if a quality regular application is
MSEC
The USPTO announced a pilot program that seems to provide more time to file a regular patent application after a provisional one. However, a close reading shows the benefits are more limited. It allows delaying payment of some fees for 12 months but does not delay the costs of developing a thorough application. The program also does not change the requirements that the provisional and regular applications fully disclose the invention. So the program provides little meaningful relief from the unavoidable requirements of the patent system.
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1) It discusses a recent Supreme Court ruling on claim construction appeals and the implications for patent prosecution. It also notes potential ethical issues around defining terms.
2) It overviews common ethical issues like subject matter conflicts, inventor conflicts and representation, failure to supervise staff, and signature requirements.
3) It provides details on recent ethics cases involving subject matter conflicts, inventor representation conflicts, failure to supervise staff who fabricated documents, and mistakenly changing a priority claim without client consent.
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The document discusses the doctrine of equivalents in patent law. The doctrine allows a court to find infringement even if the accused device does not literally infringe a patent claim, if it is equivalent to the claimed invention. It provides that an equivalent device performs substantially the same function in substantially the same way to achieve substantially the same result. The doctrine balances protecting patent holders' inventions with providing clear notice of a patent's scope.
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The document outlines 5 key reasons for a business to file for a patent:
1) Patent protection prevents others from exploiting inventions for 20 years, allowing license or sale of the patent.
2) Patents help brand and value companies by allowing labels of "patent pending" or "patented" on products and websites.
3) Patents can be enforced if infringed, allowing recovery of damages as seen in a case of Apple paying $368 million.
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This slide deals with various doctrine related to Patent infringement with relevant international and national case laws.
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This document discusses different types of patent licensing. It defines patent licensing as granting permission to a third party to use, sell, and benefit from a patented invention in exchange for royalty payments. There are several types of patent licenses: exclusive licenses grant all rights except title to one licensee; non-exclusive licenses allow a patent owner to grant rights to multiple parties; sub-licenses are granted by licensees to third parties; and cross-licenses allow an exchange of licenses between companies. The document also discusses advantages like risk transfer and access to global markets, as well as challenges like loss of control and difficulty finding licensees.
IPR in Business #04: International Patent Filing Reasons & Strategies
Filing patents internationally can enhance valuation and status, but it is an expensive, complicated process as patent laws and procedures vary globally. There is no single international patent - applications must be filed in each country separately. Indians have 12 months from domestic filing to file abroad. The PCT and convention routes allow filing in multiple countries simultaneously, but require meeting individual country deadlines. Key factors for considering international filing include future business plans, a technology's market potential, and budget to handle long timelines and high costs of foreign prosecution and maintenance. International filing decisions require weighing these pros and cons based on business goals.
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How to calculate damages during patent infringement?
In case of patent infringement, there are two types of damages: (a) Loss Profits, and (b) Reasonable Royalty. Loss profits imply additional profits that the patent owner would have made if there had been no patent infringement. Reasonably royalty on the other hand implies minimum damages that a patent owner can receive pertaining to a reasonable amount that someone would have agreed to pay to the patent owner for using the patented technology and patent owner would have accepted.
How to calculate damages during patent infringement?
In case of patent infringement, there are two types of damages: (a) Loss Profits, and (b) Reasonable Royalty. Loss profits imply additional profits that the patent owner would have made if there had been no patent infringement. Reasonably royalty on the other hand implies minimum damages that a patent owner can receive pertaining to a reasonable amount that someone would have agreed to pay to the patent owner for using the patented technology and patent owner would have accepted.
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In accordance with the provisions of US patent laws (35 U.S. Code § 284 – Damages), section 284 states that a patentee is entitled to damages adequate to compensate for any infringement and that compensation cannot be less than a reasonable royalty for the use made of the invention by the infringer.
How to determine “reasonable royalty” damages?
In past, various federal courts in US have clarified that in case patentee is unable to prove actual damages (i.e. loss profits), there exists no single methodology to determine reasonable royalty damages.
Standard Essential Patents (SEPs)
Technical standard across various industries are defined by standards organizations (SDOs) that can be patented by private companies to protect their research and development activities. Such patents relating to standardized technology may be used by patent owners to pressurize the market and create monopoly to prevent competition. Accordingly, the SDOs require their participants do disclose patents covering standards prior to adoption. SDOs further require the patent owners to license such patents on “fair, reasonable and non-discriminatory” (FRAND) terms.
However, FRAND terms have been core of various patent infringement lawsuits, specifically in the smartphone industry, wherein the industry standard covers core features of any smartphone, such as, for example, wireless connectivity (WiFi), Bluetooth, GPS (location capabilities), and the like.
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The document discusses several key points regarding intellectual property (IP):
1) IP is likely the most valuable asset of many businesses, as the value of intangible assets like trademarks, patents, and copyrights makes up the majority of market value for S&P 500 companies.
2) All businesses, not just technology companies, rely on some form of IP like trademarks, copyrights, and trade secrets.
3) Failing to properly protect and manage IP can kill business deals and leave companies vulnerable to lawsuits. Proper ownership and licensing of IP is important.
Doctrine Of Equivalence
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
A general academic discussion about doctrine of equivalence in US, Japan and other countries as applied by courts in patent infringement cases. [Some material has not been updated for recent changes, so use it at your own risk]
Disclaimer: This is not legal advice.
Patent Remedies
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Patent Infringement
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
This a discussion on patent infringement for academic purpose. Please do NOT consider this legal advice.
[Some material has not been updated for recent changes, so use it at your own risk]
Disclaimer: This is not legal advice.
Important Provisions of The America Invents Act Take Effect in September
The America Invents Act takes effect in September 2012, bringing significant changes to US patent law. Key provisions include:
1. Supplemental examination allows patent owners to address issues to strengthen patents against certain challenges.
2. Third parties can submit prior art for pending patent applications.
3. Inter partes review replaces inter partes reexamination, allowing more challenges based on anticipation and obviousness.
4. Requirements for inventor oaths become more flexible.
5. Transitional post-grant review covers some business method patents.
6. Failure to obtain or present advice of counsel can no longer be used as evidence of willful infringement.
Patent infringement
This document discusses patent infringement, including what it is, types of infringement, how to judge infringement, and potential consequences. Patent infringement occurs when someone makes, uses, or sells a patented invention without permission from the patent holder. There are two types of infringement: direct infringement involves directly using the patented invention, while indirect infringement involves supplying parts that can only be used with a patented invention. To determine if infringement occurred, a court will analyze the patent claims and see if they encompass the accused device or process. Potential consequences of infringement include barriers to innovation, damage to economic and legal systems, and financial remedies determined in court cases.
Licensing Theory And Practice
This document discusses four lessons learned in handling license agreements:
1) Licenses always entail some risk to the licensee's freedom to operate as the licensee does not have complete control over the intellectual property.
2) Complex license structures can invite misunderstanding between the licensor and licensee.
3) Business people and lawyers may have different interests in structuring agreements, with lawyers focused on contingency and business people on timelines.
4) When negotiating, understand both sides' cost-benefit considerations, such as expected damages, legal fees, and the negotiation range.
IAM Yearbook 2016_Vringo
This document summarizes the challenges faced by owners of standard-essential patents in enforcing their patents and obtaining fair compensation. It discusses how the inability to obtain injunctions in certain jurisdictions like the US, along with low damages awards, has led to widespread "patent hold-out" where companies use patented technology without licenses. The document reviews approaches to standard-essential patent enforcement across different countries and regions, noting more patentee-friendly approaches in Europe, Brazil, India and other forums compared to the US. It provides recommendations for standard-essential patent owners to maximize enforcement, including pursuing litigation in multiple jurisdictions, complying with any applicable FRAND licensing rules, and making license offers before seeking injunctions.
Infringement of patents and remedies
This document discusses patent infringement and remedies under Indian law. It defines patent infringement as making, using, offering to sell, selling, or importing a patented product or process without permission. There are direct and indirect types of infringement. Certain uses for research or education are excluded. The patentee or assignee can file an infringement suit within 3 years. The plaintiff bears the burden of proof initially. Remedies for infringement include injunctions and damages or accounting of profits. Temporary injunctions require considering a prima facie case, balance of convenience, and irreparable loss. Several case laws are discussed, including ones related to linezolid patents, DTSi technology, the rejection of a patent for Gleevec, and actions for
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Similar to 16 Good Reasons For Pursuing A Quick Patent Grant 100422.pdf
startup founders delimma to patent or not to patent
Many startup founder face this question atleast once "Should they patent their products and technology or not? Is it that important? What if you don't patent? Are there other shortcuts? This article delve deeper in to this matter.
MMM IP NEWSFLASH
The document summarizes a new USPTO pilot program that aims to provide more time to file regular patent applications after provisional patent applications. However, the benefits are more limited than they initially appear:
- The program only provides an additional 12 months to pay the search and examination fees for the regular application, while still requiring the regular application be filed within 12 months of the provisional.
- For large companies, the delayed payment of these two fees provides limited practical benefit given the overall costs of patent prosecution.
- Provisional applications still require demonstrating possession of the invention to the same standards as a regular application, so simply filing a provisional does not buy significant extra time if a quality regular application is
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The document discusses the different options for patent filing, including:
1) Filing a provisional patent application to secure a priority date.
2) Filing a complete patent application in your home country.
3) Filing patent applications in foreign countries by first filing in a convention country.
4) Filing a Patent Cooperation Treaty (PCT) application to get 30 months to file in multiple countries.
(IPR) Patent filing
The document outlines the 7 main steps to file a patent in India:
1. Check if the invention is patentable by searching for similar technologies
2. Draft the patent application and forms
3. File the application with the Indian Patent Office
4. The patent is published 18 months after filing
5. The patent undergoes examination and the applicant may address objections
6. The patent is granted if no objections remain
7. The patent must be renewed annually for up to 20 years.
Unlocking the Power of Patents: A Guide to Types and Procedures
The document provides information on different types of patent applications including provisional, PCT, and non-provisional applications. It describes the typical stages in an ordinary patent application process including invention disclosure, prior art search, application drafting, filing, publication, examination, office actions/responses, and grant/rejection. Timelines for PCT and Indian patent office applications are also outlined. Key intellectual property organizations and their websites related to patents are listed.
Life Sciences News_December_2010
This document discusses the advantages and disadvantages of patent protection versus trade secret protection. Some key advantages of patents are the right to exclude others from using the invention and being viewed as an innovator. However, patents require full disclosure of the invention and provide limited protection for 20 years. Trade secrets can potentially last forever but provide no right to exclude others who independently develop the same invention. The document analyzes factors companies should consider when deciding between patent and trade secret strategies for protecting their intellectual property.
Legal issues for the entrepreneur
1. Intellectual property such as patents, trademarks, copyrights, and trade secrets are important assets for entrepreneurs to understand and protect. Hiring a lawyer can help navigate intellectual property issues.
2. There are several types of patents including utility patents, design patents, plant patents, and international patents. Patents protect inventions for a specified period of time.
3. Trademarks identify the source of goods and services and can be registered with the Patent and Trademark Office to gain legal protections for 20-year renewable terms.
Legal issues for the entreprenuer
This document discusses several important legal issues that entrepreneurs need to consider, including intellectual property (patents, trademarks, copyrights, and trade secrets), hiring a lawyer, selecting a lawyer, legal issues in setting up an organization, patents, trademarks, copyrights, trade secrets, licensing, and product safety/liability. Key points covered are the importance of protecting intellectual property assets, evaluating legal needs at different stages of business, and understanding the different types of intellectual property protection available.
Legal issues for the entreprenuer
This document discusses several important legal issues for entrepreneurs, including intellectual property, hiring a lawyer, selecting a lawyer, legal issues in setting up an organization, patents, business method patents, trademarks, and copyrights. It provides details on each topic, such as the different types of patents, how to apply for patents and trademarks, and when copyright protection applies. The overall document serves to educate entrepreneurs on key legal considerations and steps they need to take to protect their ideas, brands, and business entities.
Patenting Issues For Biomedical Start Ups
Patenting is crucial for biomedical startups to protect their innovations and attract investors. However, the patenting process is expensive and complex. This document outlines key patenting challenges for startups and provides recommendations to reduce costs, such as thorough prior art searches, provisional patent filings, limiting patent claims and countries, and working closely with experienced patent counsel. Strong patents are important startup assets, so preparation and oversight of the patenting process is necessary to maximize value while managing expenses.
Legal Aspects PowerPointPresentation F&V.pptx
Brand Protection is a growing concern among corporate executives, particularly those who operate in the global marketplace. It has become imperative for business practitioners to understand outlined and stipulated set of s rules and procedures that protect their brands. Thus, protecting their intellectual property, creative innovations from being copied. Besides, they are obliged to understand and observe the rights of consumers as they design and provide goods and services to both local and international markets. The course aims to build an in-depth understanding of brand protection from legal and ethical perspectives.
Technology Transfer and Patent Agents
Presentation made on July 29 2009 in Centurion, RSA to attendees from Innovation Fund, DST and other related people. The presentation paid specific attention to the interaction between patent professionals and the technology transfer process in publicly-funded research institutions..
IPR_Patent, Trademark, Copyrights
Patents are a type of techno-legal document that describes novel, unique, and industrially applicable inventions. A request for the issuance of a patent for an invention created and detailed in the patent specification is known as a patent application.
a) Novelty: Before submitting the patent application in India, the subject matter specified in the specification was not published in India or anywhere else.
b) Inventive Step: A person who is experienced in the art would not recognize the invention in light of the earlier publication, knowledge, or document.
c) Industrial Applicability: In order to be produced or used in the industry, an invention must have some sort of utility.
DOCUMENTS REQUIRED FOR PATENT REGISTRATION:
1. (Form 1) Application form for the grant of patent in India.
2. (Form 2) If a provisional specification is submitted, it must be followed within a year by a complete specification. Provisional or complete specification of patent in duplicate.
3. (Form 3) Information and undertaking listing each foreign patent application's number, filing date, and current status in duplicate.
4. Priority document (if the priority date is claimed) in convention application, when directed by the Controller
5. (Form 5) When a complete specification follows a provisional specification, or in the event of a convention or PCT national phase application, an inventor declares their invention
ADVANTAGES OF REGISTERING A PATENT
1. A patent serves as a means of supporting innovations and inventions. The invention or concept belongs to the applicant after they receive the patent.
2. A business must register for a patent because a patent prevents competitors from stealing, selling, or importing the intellectual property without authorization.
3. In support of the current legislation, the patent holder can thereby defend his patent rights.
a) Like other types of property, patents can be bought, sold, or licensed.
b) Ownership of the patent may also be transferred by the inventor.
c) A patented product enhances brand recognition and can allow the company to charge more.
d) With exclusive patent rights, the inventor has long-term control over how the innovation is used.
e) Under the International Patent Protection Scheme, the government would cover up to Rs. 15 lakhs (or 50% of the total cost) of an MSME's international patent filing.
TRADEMARK: 1. A trademark is a symbol that can be used to separate the products or services of one company from those of other companies. Intellectual property rights provide protection for trademarks.
2. A trademark registration grants the owner of the trademark the sole right to use it. This suggests that the trademark may be used solely by its owner or may be licensed to a third party for use in exchange for payment.
COPYRIGHT: 1. The legal term "copyright" (sometimes known as "author's right") is used to refer to the ownership rights that authors and other artists have over their creative works.
Patent prosecution, process and pitfalls by Benjamin Kuo (Wed, August 22, 2018)
On Wed, August 22, 2018 Benjamin Kuo presented Intellectual Property "Patent Prosecution, Process and Pitfalls" CRASH Space.
https://blog.crashspace.org/events/intellectual-property-topics/
__________________________________________
Patent Prosecution, Process and Pitfalls
Eventually, every inventor is confronted with the decision to protect his technology by ways of a utility patent. Understanding the magnitude of the undertaking as well as the process and pitfalls involved can greatly reduce costs and (worse) avoid obtaining a useless patent.
In this talk, given by a patent attorney and former USPTO Examiner, the informed inventor will learn to distinguish patents from other forms of intellectual property, how to read a patent disclosure, the patent prosecution process and timeline, decide when and what to file, inner workings of the PTO black box, and how to find and work with a patent attorney.
__________________________________________
About the Presenter
Benjamin Kuo is a patent attorney and former computer engineer with a solo IP practice based in Los Angeles, specializing in helping smaller entities obtain IP protection. In addition to patent filings, he also supports litigation and consults with practitioners on Patent and Trademark Office issues. Before forming his own practice, he was a patent examiner for the USPTO, examining hundreds of computer networking applications and conducting numerous interviews with outside attorneys. Before working at the USPTO, he practiced at various law firms in the fields of patent prosecution, IP litigation, antitrust litigation, and federal corrupt practices act investigations. He is fluent in Mandarin Chinese and is licensed in California and before the USPTO. See more at benasaur.com/law.
Vietnam – Intellectual Property Rights – 2015
Vietnam has improved its legal framework for intellectual property rights (IPR) protection since joining the WTO. However, enforcement remains a challenge, especially for online IPR infringements. The document provides recommendations to further strengthen IPR protection in Vietnam, including increasing administrative fines, adopting a domain name dispute resolution system, raising public awareness of online IPR, and establishing specialized IPR courts to improve civil enforcement.
You Need Defensive Patents but You Don't Have Any. Now What? A Case Study
The setting is familiar: a large corporate asserter uses its patents against a smaller, high-growth company with no patents. Companies like Qualcomm, IBM, Nokia, and Microsoft regularly assert their patents. This case study describes how one of our clients included patent buying into their patent strategy to successfully defended against a corporate assertion by acquiring patents in the open market.
20141105_energy-law-advisor-nov-2014_track-1_article
The document discusses the USPTO's Track One Prioritized Examination process, which allows patent applications to be expedited for an additional fee. It notes that the average time to obtain a patent through this process is less than six months. The author provides an example where they obtained notices of allowance for two clients' applications in under seven months. The process requires electronic filing and limits the number of claims and independent claims. It guarantees the application will be examined within four months if all requirements are met. The program allows applicants to secure patent protection faster and gain a competitive advantage.
ECE_Licensing _Lec goof forf iosh oos p1.1.pptx
A license from a patentee which confers on the licensee the right to exclude all other, including the patentee, from making, using or vending the patented invention or process.
An exclusive license supports monopoly of businesses in the longer run by giving exclusive rights to manufacture and sell the patented product to the licensee. The patentee loses rights to independently manufacture and sell during the license period.
Are you an inventor?
. It’s purely about a new technical solution that you find fit and one that will yield you better results. And obviously, when it’s getting you better results why wouldn’t you safeguard it.
Similar to 16 Good Reasons For Pursuing A Quick Patent Grant 100422.pdf (20)
startup founders delimma to patent or not to patent
startup founders delimma to patent or not to patent
What are-the-different-patent-filing-options-invn tree
What are-the-different-patent-filing-options-invn tree
Unlocking the Power of Patents: A Guide to Types and Procedures
Unlocking the Power of Patents: A Guide to Types and Procedures
Patent prosecution, process and pitfalls by Benjamin Kuo (Wed, August 22, 2018)
Patent prosecution, process and pitfalls by Benjamin Kuo (Wed, August 22, 2018)
You Need Defensive Patents but You Don't Have Any. Now What? A Case Study
You Need Defensive Patents but You Don't Have Any. Now What? A Case Study
20141105_energy-law-advisor-nov-2014_track-1_article
20141105_energy-law-advisor-nov-2014_track-1_article
More from Martin Schweiger
4x4 ABCD Patent Tactics (non-US edition)
This is where I am coming from: in my 4x4 Innovation Strategy matrix, IP protection is vital, especially for non-incremental innovation projects. If you don't know what is the difference between incremental and non-incremental innovation, you can read on of my earlier articles about that (click here).
My 4x4 Innovation Strategy (free download here) advises innovators to be ready to pivot or stop at each of the four technology readiness levels ("TRL"s): Idea, Proof of Concept, Prototype, and Product.
My 4x4 ABCD Patent Tactics prevent the following from happening: you have filed a patent application sometime during the development of your product but at the time of your final product being ready for sale, your patent is no longer protecting product due to many pivots during development.
Instead of filing one single patent application sometime during the development of your product, according to my 4x4 ABCD Patent Tactics, you file a new patent application for every new technology readiness level, and right before doing a Market Validation. And subsequent international filings are based on these initial applications, claiming their priorities.
My 4x4 ABCD Patent Tactics come with a load of advantages and benefits:
improving patentability
simplified administration
delayed costs for renewal fees
adapted patent protection against competitors
complex Freedom-to-Operate (FTO) for competitors
efficient response to competitors with loitering patents
You are Really Good! And now?
Martin Schweiger gave a talk about innovation and success. He discussed classifying people as A, B+, B-, or C based on their work quality and productivity. The top 4% of people (A's) accomplish 64% of the work. He advises regularly removing B- people if they do not improve. Schweiger also talked about separating successful people from losers by compromising on quality, not time or price, when deadlines are missed. Defining innovation as something new, profitable, and achieved quickly, he outlined frameworks like the Ansoff matrix and explore-exploit continuum for charting innovation strategies. Schweiger recommends daily reading, especially older texts, and listed several must-read books on topics
UPC Land Presentation 03/2023
Great honor for me to be invited to talk in front of an audience from Texas/USA.
In this talk, I go into deeper detail about the very few cases when an "Opt-Out" of a European Patent from the jurisdiction of the Unified Patent Court (UPC) is recommended (from minute 40:00 onwards in the video below). There are really very few cases where it is better to be under the jurisdiction of a national court, and one of them is that you are supplying a product to several different governments and you can successfully keep competitors out because there is a patent for this product.
And don't file Unitary Patents (UPs) that can obtain Supplementary Protection Certificate (SPC). I have never encountered such a case during my 30 years in the patent area but I know that there are some out there. There is (still) no SPC for UPs, but only for national patents.
After minute 28:00, I talk about material law as far it is relevant for the scope of protection, and after minute 35:00, I talk about converting a US drafting style patent into a non-US style patent. In very short words: A litigation-grade UP/UPC EP patent is somewhat like the opposite of a litigation-grade US patent. I speak from experience.
A video of my talk is found here
https://ip-lawyer-tools.com/public-talk-upc-opt-out-or-not/
UPC Land in Sight - Three (3) Important Facts, Five (5) Myths, and Ten (10) P...
A talk before the International Intellectual Property Society (New York)
by Martin Schweiger
on February 03, 2023
Since the 70ies of the last century, there have been efforts to create a uniform European patent that could replace all national patents.
Now, only 50 years later, there is a “Unitary Patent Package” at reach, a combination of the Unitary Patent regulations and an Agreement on the Unified Patent Court (UPC).
That package created the “UPC Land”.
The UPC/UP system is said to start on June 1, 2023
Employee Job Satisfaction - What We Really Want In Order to Achieve Happiness...
Have you ever thought about what creates happiness in your job?
Tip: it is not money, for most people, what creates happiness. My theory is that this is because the item “money” is not part of our childhood desires.
What is part of our childhood desires is: that we do something meaningful.
But what is “meaningful”? Something that is meaningful for you may be different from what is meaningful for someone else. And something that was meaningful for you yesterday may no longer be meaningful for you tomorrow.
My talk will give you insights into how you can find out when you work like a clockwork, and when you should rather look for a different job
Tip: you should take up a new job if you already know that you will need ongoing and close management and help in order to perform well. That criteria does not only work for yourself but also for your peers, and for the people that you may be responsible for in the future.
These are the main pitfalls for enpreneurs:
-not re-investing enough for market response and market validation
-not re-investing enough for selling
-not re-investing enough for experimentation and product breakthrough development
-Not hiring quality people. There's an adage that goes hire the best and cry only once, as opposed to hiring the worst and keep losing them because they either do stupid things or they don't show up or you fire them
-You don't want to be the smartest person in a room. You want to be the dumbest, because you want to learn from everybody. So you want to hire people better than you
Reason-Why Adverstising 7 Copywriting Examples to Copy
The greatest danger in business is not failure, but being successful without knowing why you are successful.
Learn the rules of good copywriting. Print them out. And hang them to the wall in front of you, at your desk.
Check out the slides for more information
Webinato lift from Level 3 to Level 4 and 5 211121.pdf
Here comes a talk that I have given in one of my firm's internal training sessions. We call them "Webinato", and the entire firm takes part.
I am talking about what training can be done if you want to elevate a person from "Level 3" job contribution to "level 4" or even "level 5" job contribution.
Of course, all this can only be achieved if that person carries the seed for higher contribution level in them and if that person is also inclined to achieve that learning goal.
A recording of my talk can be found here
https://ip-lawyer-tools.com/public-talk-how-to-elevate-a-person-from-level-3-job-contribution-to-level-4-or-even-level-5-job-contribution/
4x4 Personality & Innovation KPIs
„You can´t run a mule in the Kentucky Derby.“
(Jim Leyland, baseball legend)
Renaissance Time with Martin Schweiger on
05 April 2022
Given at Nanyang Technological University (NTU) of Singapore
- “Renaissance time” and how to get there
- A clear definition of “Innovation”, following from “growth”
- Innovation needs innovative people
- How to identify innovative people
- Serial Innovators are entrepreneurs, but risk-avoiding and therefore without the ambition to have their own company
- Pareto principle applied: 20% of the R&D staff does 80% of the innovation
- Price`s Law and Serial Innovators’ law. There are only one or two serial innovators in each company
The Forest - Direct Response Marketing explained in simple terms
What I will never forget is this allegory that Mr. Truntschka - a famous German ice-hockey player - told me about Direct Response Marketing.
Imagine a forest with targets. It is too much work to go in and ask each and everyone whether or not he wants to buy your product, that does not work. Instead, put up a loudspeaker, shout into the forest, and wait who comes out. Only to these sell your product. That is so much easier, they have qualified themselves.
Accelerating prosecution at epo lesson #1 230122
We all know that it takes in average between three (3) and five (5) years after filing a European Patent application to get a granted EP patent for that (click here).
But that is not necessarily the case. If you invest an extra effort, this time to grant can be brought down to less than a year.
It was only after a meeting with Director Mr. Michel Goudelis and Mr. Marcus Rabe, and Mr. Marcus Kahl - all of European Patent Office EPO - back in 2017 that I got the idea and major inputs for creating a new course for my website.
What Is Innovation, And How To Classify Its Many Aspects
"Innovation" Becomes A Useful Term When The Vocabulary Is Set Right. A Pragmatic Approach To Commercial Growth
Innovation and how to classify V1.1
The purpose of this whitepaper is to provide a means for generating a translation sheet for different terminologies when it comes to innovation, both in R&D and in Marketing
Match the 4 (+2) different growth strategies of the Ansoff matrix with the two opposed sets of innovation terminology. And there you are.
Innovation and how to classify it
A practical approach for using the right vocabulary in a competitive environment that comes with cost and time restraints.
Office Talk - Decision Making: „Team“ instead of „Kingdom"
Have you ever thought about what works you are mostly doing? Is it routine work? Do you like to do more non-routine work in our company? There are a few skillsets that are necessary to be efficient. In short words: that is difference between Level 3 and Levels 4/5. This talk gives you insights about it could be for you.
Workshop on Intellectual Property, Innovation & Commercial Best Practices
Organised by Nanyang Technological University (NTU), Asia's most prestigious university in Engineering, join us this Wednesday night, 3rd Nov, 6.30-8.30pm (Singapore time) as Martin Schweiger shares about his experience in Intellectual Property, Innovation, and Commercial Best Practices in today's context. He will also introduce his 4x4 Innovation Strategy to all of you innovators and entrepreneurs of the present and future!
Employee Psychopathy - Effects on Job Performance and Well-being
Objective: The objective of this study was to investigate the relationship of employee psychopathy to job performance and well-being. It was hypothesized that primary psychopathy (interpersonal/affective features, e.g., lack of empathy, manipulativeness) and secondary psychopathy (antisociality and behavioural deviance, e.g., impulsivity, rule-breaking) are negatively related to job performance and well-being.
Methods: Employees in Singapore (N=276), enrolled as university part-time students, participated in this study for course credits. They provided self-ratings using the Levenson Self-Report Psychopathy scale and scales on Work Performance, Job and Career Satisfaction (for work-domain specific well-being), Positive/Negative Affect, and Satisfaction with Life. To minimize common method variance, well-being measures were obtained on average 11 days after measuring psychopathy.
Results: Hierarchical regression analyses showed for all outcome variables that psychopathy significantly explained additional variance over and above the control variables age and gender. Both primary and secondary psychopathy were significantly negatively related to job satisfaction. Only secondary psychopathy was significantly negatively related to work performance, career satisfaction, positive affect, and life satisfaction; it was significantly positively related to negative affect.
Conclusion: Results are of theoretical and practical importance, as they show different effects of the psychopathy traits. Secondary psychopaths perceive themselves as less performing on the job, experience less positive and more negative mood, and are generally discontent with their job, career, and life. As organizational employees, primary psychopaths experience equally low job satisfaction, but there are no negative effects on performance and other well-being outcomes. This can explain why not all psychopaths are unsuccessful psychopaths.
7 golden rules for patenting software inventions 160621
This document outlines seven golden rules for drafting patents for computer-implemented inventions (CIIs) to avoid expensive failures. The rules are: 1) Prior art is hard to find when needed most; 2) Be clear on motives for filing; 3) CIIs require painstaking work; 4) Only experienced programmers should draft; 5) Many CIIs are "selection inventions"; 6) Document with litigation in mind; 7) Artificial intelligence cannot be patented. Following these rules helps deal with uncertainty, leverage experience, and draft creatively while avoiding rookie mistakes in a sober manner.
Blockchain Technology Meets 4x4 Innovation Financing
On 29 April 2021, Mr Martin Schweiger, Managing Director and author of the book: 'The 4x4 Innovation Strategy', will speak at our next 'Thursdays with the SGC' session of the Singapore-German Chamber of Commerce.
Starting from a negative example on Kickstarter.com, he will explain how to use blockchain technology for setting up a proprietary crowdfunding environment for developing a new product.
Blockchain tokens are used as pre-sales indicators that tell whether or not the targeted market is willing to put money on the table for the planned new product.
Ham radio lightning protection August 2009
Lightning is a random event that cannot be predicted or prevented. While most lightning strike victims survive, advanced planning through risk management is important for safety. Lightning forms when differences in electric potential in air volumes exceed thresholds, causing currents between charged areas. Protection strategies aim to safely direct lightning currents to ground via lightning rods or antennas, while also protecting equipment from secondary effects. Tactics include proper grounding of antennas and cables at multiple points, using surge arrestors and capacitors, and ensuring all equipment is bonded to prevent potential differences.
The Entrepreneurial Mindset
A talk given at Nanyang Techznological University of Singapore (NTU) on 30 October 2018
- what is an entrepreneur
- Start: employees mindsets
- no ass hole rule
- normal - autism - dark triad - dark triad & autism
- Sub-clinical Psychopathy
- When an Entrepreneur needs Primary Psychopathy
- further tests: IQ, Big5
- more tests
- how to become a successful entrepreneur
More from Martin Schweiger (20)
UPC Land in Sight - Three (3) Important Facts, Five (5) Myths, and Ten (10) P...
UPC Land in Sight - Three (3) Important Facts, Five (5) Myths, and Ten (10) P...
Employee Job Satisfaction - What We Really Want In Order to Achieve Happiness...
Employee Job Satisfaction - What We Really Want In Order to Achieve Happiness...
Reason-Why Adverstising 7 Copywriting Examples to Copy
Reason-Why Adverstising 7 Copywriting Examples to Copy
Webinato lift from Level 3 to Level 4 and 5 211121.pdf
Webinato lift from Level 3 to Level 4 and 5 211121.pdf
The Forest - Direct Response Marketing explained in simple terms
The Forest - Direct Response Marketing explained in simple terms
What Is Innovation, And How To Classify Its Many Aspects
What Is Innovation, And How To Classify Its Many Aspects
Office Talk - Decision Making: „Team“ instead of „Kingdom"
Office Talk - Decision Making: „Team“ instead of „Kingdom"
Workshop on Intellectual Property, Innovation & Commercial Best Practices
Workshop on Intellectual Property, Innovation & Commercial Best Practices
Employee Psychopathy - Effects on Job Performance and Well-being
Employee Psychopathy - Effects on Job Performance and Well-being
7 golden rules for patenting software inventions 160621
7 golden rules for patenting software inventions 160621
Blockchain Technology Meets 4x4 Innovation Financing
Blockchain Technology Meets 4x4 Innovation Financing
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Best practices for project execution and delivery
A select set of project management best practices to keep your project on-track, on-cost and aligned to scope. Many firms have don't have the necessary skills, diligence, methods and oversight of their projects; this leads to slippage, higher costs and longer timeframes. Often firms have a history of projects that simply failed to move the needle. These best practices will help your firm avoid these pitfalls but they require fortitude to apply.
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永久可查学历认证【微信：A575476】【(QMUE毕业证书)英国爱丁堡玛格丽特女王大学毕业证成绩单Offer】【微信：A575476】（留信学历认证永久存档查询）采用学校原版纸张、特殊工艺完全按照原版一比一制作（包括：隐形水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠，文字图案浮雕，激光镭射，紫外荧光，温感，复印防伪）行业标杆！精益求精，诚心合作，真诚制作！多年品质 ,按需精细制作，24小时接单,全套进口原装设备，十五年致力于帮助留学生解决难题，业务范围有加拿大、英国、澳洲、韩国、美国、新加坡，新西兰等学历材料，包您满意。
【业务选择办理准则】
一、工作未确定，回国需先给父母、亲戚朋友看下文凭的情况，办理一份就读学校的毕业证【微信：A575476】文凭即可
二、回国进私企、外企、自己做生意的情况，这些单位是不查询毕业证真伪的，而且国内没有渠道去查询国外文凭的真假，也不需要提供真实教育部认证。鉴于此，办理一份毕业证【微信：A575476】即可
三、进国企，银行，事业单位，考公务员等等，这些单位是必需要提供真实教育部认证的，办理教育部认证所需资料众多且烦琐，所有材料您都必须提供原件，我们凭借丰富的经验，快捷的绿色通道帮您快速整合材料，让您少走弯路。
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
→ 【关于价格问题（保证一手价格）
我们所定的价格是非常合理的，而且我们现在做得单子大多数都是代理和回头客户介绍的所以一般现在有新的单子 我给客户的都是第一手的代理价格，因为我想坦诚对待大家 不想跟大家在价格方面浪费时间
对于老客户或者被老客户介绍过来的朋友，我们都会适当给一些优惠。
选择实体注册公司办理，更放心，更安全！我们的承诺：可来公司面谈，可签订合同，会陪同客户一起到教育部认证窗口递交认证材料，客户在教育部官方认证查询网站查询到认证通过结果后付款，不成功不收费！
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- 1. 16 Good Reasons For Pursuing A Quick Patent Grant Why receiving a granted patent today is better than receiving the same granted patent only tomorrow. www.ip-lawyer-tools.com
- 2. Most Important Context: Save Money 1. Save money using the PPH routes. „PPH“ as in Patent Prosecution Highway. 2. A lot of Examiners in this world only mirror foreign rejections to local requirements. That applies also in the opposite direction: when these Examiners see an issuance in the US or EP, they tend to follow as well. This is why getting that issuance before the 30/31/32-month deadline for entering PCT national/regional phase can save a lot in national prosecution costs. 3. Prosecuting a patent application to grant in a recognized country like the US or at EPO first can be very helpful in understanding what may be an issue in other, less recognized jurisdictions. So getting that issuance before the 12-month priority deadline can save a lot in prosecution costs because the follow-up application at the end of the priority year can be amended accordingly, in order to avoid similar problems elsewhere. 4. You might have access to free acceleration at the PTO due to inventor age, specific areas of invention etc. Reason for many: “If you can get something for free from the government then take it.” www.ip-lawyer-tools.com
- 3. Important Context: Do What The Client Wants 1. Clients often want to have certainty over the scope of protection of their patent early, so that they understand the limits of their monopoly. 2. Some clients are very results focused and just want the patenting process finished, so they can tick it off the list and move on. www.ip-lawyer-tools.com
- 4. Context: Practical Considerations 1. Lack of access to inventors. If you wait too long, people tend to leave the company or become unavailable. But you may need input from the inventors to get your patent granted. Note: your patent is not drafted well if you need the inventors` input for getting a granted patent. 2. Fast grant means you’re less likely to get caught up in changes in law/changes in attitude. We’ve all been in situations where we end up fighting with an examiner who is using ex post facto reasoning, especially when it comes to inventive step. www.ip-lawyer-tools.com
- 5. Context: Licensing 1. The patent is used for negotiating licenses. Reason: a license agreement is much better enforced on someone that is already using your invention if the patent for your invention is granted. Note: patent trolls use that tactics, among others. 2. “Essential claims” in licensing agreements: in some agreements, securing essential claims in prosecution comes with enhanced royalties and other payment triggers. www.ip-lawyer-tools.com
- 6. Context: Enforcement 1. A litigation is expected. Reason: you can only enforce a granted patent in court, but not a patent application. If an infringer is “agile” it can happen that without injunction you cannot benefit from your patent unless an injunction was obtained in the right time. Example „new face mask design for COVID”: a litigation is expected soon after product launch because the invention is in a fast moving or transient market where most of the benefit will be realized in the first couple of years. 1. Damages in many countries are computed for a period starting from the grant date (in some countries this may be even shifted if corrections of translations need to be filled). Of course, damages are not always crucial and sometimes may not even cover all the costs of litigation but still there is a psychological effect on assumed infringers and their risk if their evil enterprises increase. www.ip-lawyer-tools.com
- 7. Context: Government Cooperation 1. there is a public government tender for supplying goods or services. Reason: bureaucrats want certainty that only a granted patent seems to give, but not a patent application. Note: a registered utility model also works in these cases 2. in some countries there are government subsidies, but only for granted patents. Reason: there is real no reason, that is one of many arbitrary prerequisites for a government grant. Note: Government grants are seldom reasonable. www.ip-lawyer-tools.com
- 8. Context: Financial Considerations 1. you’re looking to raise startup money based on the patent, and the patent may be used as collateral. Reason: no reason, that is one of many arbitrary prerequisites for an investor to invest. Note: Investors are seldom reasonable. 2. Granted patents rank higher in algorithms for tangible assets valuation and can impact stock prize more. www.ip-lawyer-tools.com
- 9. Credits Mikko Piironen Toby Mak Bruce Johnson Joe Seisdedos Maharaj Mukherjee Dilip Andrade Marek Bury Tarik Kapić Marek Bury Matthew Wahlrab Jesse Fenty Kevin E. Noonan www.ip-lawyer-tools.com