The document outlines the essentials of patenting, including the three types of patents: utility, design, and plant patents, along with their applications and implications for intellectual property. It discusses the invention lifecycle, notable case studies, and highlights the importance of identifying problems and developing solutions for successful inventions. Additionally, it includes practical examples, patent fee structures, and comparisons with copyright protections.

1. Introduce invention &
practice it
chapter 1 &2, “Patent It Yourself: Your Step-by-
Step Guide” 15th
Chen JingFung (Grace)
@csie.ntut.edu.tw
2012/03/01
Patent It Yourself 15th edition,
2011, ISBN: 1413313825, 624 grace @csie.ntut 1
pages, PDF, 16,2 MB

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 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. 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. 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. 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. 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: kitguru.net (2012/2/27)
grace @csie.ntut
+chinamedia(2012/2/28) 7

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 right
Trademark ‐ become
™, ® “generic”
‐ Ex. Xerox,
Aspirin
Ref: howdoigetatrademark.com grace @csie.ntut 8
Patent fee: http://www.webpatent.com/costs.htm

9. Intellectual Property Guide – case study
trademark
• “Linsanity” both in China, and at the U.S.
Patent and Trademark Office (jdsupra.com
2012/2/28)
grace @csie.ntut 9

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 No
fees after issue
Fee3(11 years): H
grace @csie.ntut 10

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. Intellectual Property Guide: Use a patent
• A Patent Can Be Used as an Offensive Weapon
or as a Prior-Art Reference
industrial applicability or
industrial application is a
patentability requirement
12
grace @csie.ntut

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. 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. 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. 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. 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. HW 1
• Practice 2 steps of inventions
– find a problem
– Try to solve it
grace @csie.ntut 18

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,
http://www.youtube.com/watch?v=CSd1BS8E3
RE
• Blog: http://fungsiong.blogspot.com/
• Agile for progressing:
http://fungsiong.blogspot.com/search/label/Ag
ile
• China patent statistics
http://news.cnyes.com/Content/20120229/KFI
NDD5EYQIBI.shtml?c=sh_stock
grace @csie.ntut 19