This document provides an overview of patent law concepts for entrepreneurs. It discusses the challenges of commercializing an idea, including the need for funding, intellectual property identification and protection, and risk management. The document outlines the patent process, including different types of patent searches and patents. It provides examples of intellectual property issues entrepreneurs may face and best practices for patenting an invention and beginning commercialization. Key steps include performing due diligence, identifying the market and distribution channels, and finding an experienced patent attorney.
Accuprosys offers Intellectual Property Law Services, Intellectual Property Rights,
Trademark Registration, Design Registration and Copyright Registration Services to Indian clients and as well as abroad clients. IP related services are at most demand because of the dire necessity to protect ones IP from infringements. If ones brand is not protected all the efforts, pains that have been put across to build the business over years will go in vain – If protected
effectively the brand might be worth of billions of dollars in the near future.
Slide deck presented by Austin attorney Kirk Cesari on September 17, 2013 at the Austin Chamber of Commerce as part of Texas State SBDC's Spectrum Knowledge Transfer Series.
Accuprosys offers Intellectual Property Law Services, Intellectual Property Rights,
Trademark Registration, Design Registration and Copyright Registration Services to Indian clients and as well as abroad clients. IP related services are at most demand because of the dire necessity to protect ones IP from infringements. If ones brand is not protected all the efforts, pains that have been put across to build the business over years will go in vain – If protected
effectively the brand might be worth of billions of dollars in the near future.
Slide deck presented by Austin attorney Kirk Cesari on September 17, 2013 at the Austin Chamber of Commerce as part of Texas State SBDC's Spectrum Knowledge Transfer Series.
This IP Strategy Overview was presented at a conference of innovators at Georgia Tech's College of Architecture in October 2013. The goal of this presentation is to go beyond the usual lawyer-generated content to highlight not only the positive aspects of IP, but also to give a reality check as to the likely ROI of investment in protection. A basic overview of IP (patents, copyrights, trademarks, trade secrets) is provided. Additionally, commonly overlooked forms of intangible asset value are presented. A case study of an innovation protection strategy is highlighted. Recommendations for business relevant IP and patent protection strategies are also included.
Building an Effective IP Portfolio without Breaking the Bank - John Sadler, C...marcus evans Network
Building an Effective IP Portfolio without Breaking the Bank - Presentation by John Sadler, Vice President, R&D, Cervel Neurotech delivered at the marcus evans Medical Device R&D Summit June 2014, held in Las Vegas
Knobbe Martens co-hosted a 2-hour seminar in Silicon Valley on Protecting Your Intellectual Property with a distinguished panel of global practitioners.
A.J. Tibbetts and Mike Attisha give their thoughts on how to get the most bang for your buck when it comes to trademarks, patents, and other forms of intellectual property.
Patent Strategy for Startups, Hardware Workshop SF 2015 Peter Miller
Peter Miller of Run8 Patent Group speaks on Patent Strategy for Startups at Hardware Workshop SF, 17-SEP-2015
Full video here: https://www.youtube.com/watch?v=RxpglTNQOyc
Identifying Intellectual Property Issues in Startups 2014Adler Law Group
Do you work with start-up companies and need a basic understanding of the various intellectual property issues that can arise? This Presentaion will help you:
*Understand the trademark and copyright problems one may encounter with branding;
*Learn how to protect branding once established;
*Understand trade secrets and the importance of non-disclosure and confidentiality agreements;
*Establish a proactive approach toward intellectual property ownership between co-founders, employees, and vendors;
*Understand business names, domain names, promotional issues, and website content concerns.
Presentation originally given to business advisors on 11 Oct 2008. Starting with a case study of three young entrepreneurs, the presentaiton considers how each of them can be assisted. It then deals with the sources of IP, the available assistance including inventors\' groups and clinics and the services avfailable form professional advisors.
This IP Strategy Overview was presented at a conference of innovators at Georgia Tech's College of Architecture in October 2013. The goal of this presentation is to go beyond the usual lawyer-generated content to highlight not only the positive aspects of IP, but also to give a reality check as to the likely ROI of investment in protection. A basic overview of IP (patents, copyrights, trademarks, trade secrets) is provided. Additionally, commonly overlooked forms of intangible asset value are presented. A case study of an innovation protection strategy is highlighted. Recommendations for business relevant IP and patent protection strategies are also included.
Building an Effective IP Portfolio without Breaking the Bank - John Sadler, C...marcus evans Network
Building an Effective IP Portfolio without Breaking the Bank - Presentation by John Sadler, Vice President, R&D, Cervel Neurotech delivered at the marcus evans Medical Device R&D Summit June 2014, held in Las Vegas
Knobbe Martens co-hosted a 2-hour seminar in Silicon Valley on Protecting Your Intellectual Property with a distinguished panel of global practitioners.
A.J. Tibbetts and Mike Attisha give their thoughts on how to get the most bang for your buck when it comes to trademarks, patents, and other forms of intellectual property.
Patent Strategy for Startups, Hardware Workshop SF 2015 Peter Miller
Peter Miller of Run8 Patent Group speaks on Patent Strategy for Startups at Hardware Workshop SF, 17-SEP-2015
Full video here: https://www.youtube.com/watch?v=RxpglTNQOyc
Identifying Intellectual Property Issues in Startups 2014Adler Law Group
Do you work with start-up companies and need a basic understanding of the various intellectual property issues that can arise? This Presentaion will help you:
*Understand the trademark and copyright problems one may encounter with branding;
*Learn how to protect branding once established;
*Understand trade secrets and the importance of non-disclosure and confidentiality agreements;
*Establish a proactive approach toward intellectual property ownership between co-founders, employees, and vendors;
*Understand business names, domain names, promotional issues, and website content concerns.
Presentation originally given to business advisors on 11 Oct 2008. Starting with a case study of three young entrepreneurs, the presentaiton considers how each of them can be assisted. It then deals with the sources of IP, the available assistance including inventors\' groups and clinics and the services avfailable form professional advisors.
How To Patent A Prototype In Australia?IPPARTNERSHIP
It's simpler than you may think to file for a patent, but it still takes time, money, and meticulous attention to detail. Here is a description of the patenting process.
As an investor, you are aware of the challenges involved in turning a concept into a finished product. All inventions demand a major time and financial investment, regardless of how tiny, simple, and innovative they are or how complex and tough they are. This frequently results in patent applications. The need for a prototype prior to filing for a patent is one of the crucial factors that many people take into account. In these cases competent patent or trademarking lawyers who can assist you in making these crucial selections as well as handle them on your behalf is needed.
Visit-https://www.ippartnership.com.au/trade-marks.html
As a startup team, you create something—whether it’s software, a domain name, business logistics or a reputation—that falls within a class protected by the law. Some classes are protected automatically. Others require going through a registration, application or examination process. Fenwick lawyers Stephen Gillespie and Christopher Joslyn discuss what intellectual property is, why it is important and hot-button issues startups commonly face.
startup founders delimma to patent or not to patentRegal Beloit
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.
Effective legal representation of innovators and inventors requires careful thought and consideration. Among other things, care must be taken to properly initiate communications, prepare assignments, and handle subsequent legal disputes. This webinar discusses common legal issues that often arise during the representation of innovators and inventors. It also includes valuable advice from both innovators/inventors and the IP attorneys who represent them.
Part of the webinar series: INTELLECTUAL PROPERTY 201 - 2022
See more at https://www.financialpoise.com/webinars/
Startup America Webinar- 7 Ways to Legally Bulletproof Your StartupRocket Lawyer
This webinar features 7 simple steps startups can follow to legally bulletproof your business! Visit rocketlawyer.com for more information and to get started today.
According to the Government of India, the minimum qualification to appear in the patent agent exam is — “Any Science Graduation”. There is no mention of any Law graduation or legal knowledge. This clearly indicates that a patent agent is supposed to be a person with technical know-how, which is good as patents are actually the protection of “Technological Inventions”.
Effective legal representation of innovators and inventors requires careful thought and consideration. Among other things, care must be taken to properly initiate communications, prepare assignments, and handle subsequent legal disputes. This webinar discusses common legal issues that often arise during the representation of innovators and inventors. It also includes valuable advice from both innovators/inventors and the IP attorneys who represent them.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/legal-issues-for-innovators-inventors-2021/
This discussion can assist you perceive utility patent applications. It explains what a specification, claims, descriptions, and declaration are and the way to jot down them. The descriptions and claims are important to an application; they're what the patent examiner can consider to work out if your invention is novel, useful, no obvious, and properly reduced to follow as lined in our lesson on patentable.
Effective legal representation of innovators and inventors requires careful thought and consideration. Among other things, care must be taken to properly initiate communications, prepare assignments, and handle subsequent legal disputes. This webinar discusses common legal issues that often arise during the representation of innovators and inventors. It also includes valuable advice from both innovators/inventors and the IP attorneys who represent them.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/legal-issues-for-innovators-inventors-2020/
The rise of entrepreneurs and internet publishing has also lead to growth in intellectual property (IP) needs. From copyright and trademarks to patents, IP law is a hot area as the economy grows. However, whether you're looking to create a new practice group or just integrate a few new cases, IP is not just an area of law to tackle on your own. IP is its own practice area that requires specialized knowledge. Get a jump on including IP law in your practice by attending this webinar.
Join Clio's Joshua Lenon and Nehal Madhani of the Alt Legal, provider of docketing and assembly tools for IP law firms, as they discuss:
What is involved in running an IP law practice,
What are the ethical obligations of IP law,
Tools required by IP lawyers, and
Talking with clients about their IP needs.
Similar to i2b Conference Patents Presentation May 28 2013 (20)
Digital Transformation and IT Strategy Toolkit and TemplatesAurelien Domont, MBA
This Digital Transformation and IT Strategy Toolkit was created by ex-McKinsey, Deloitte and BCG Management Consultants, after more than 5,000 hours of work. It is considered the world's best & most comprehensive Digital Transformation and IT Strategy Toolkit. It includes all the Frameworks, Best Practices & Templates required to successfully undertake the Digital Transformation of your organization and define a robust IT Strategy.
Editable Toolkit to help you reuse our content: 700 Powerpoint slides | 35 Excel sheets | 84 minutes of Video training
This PowerPoint presentation is only a small preview of our Toolkits. For more details, visit www.domontconsulting.com
RMD24 | Retail media: hoe zet je dit in als je geen AH of Unilever bent? Heid...BBPMedia1
Grote partijen zijn al een tijdje onderweg met retail media. Ondertussen worden in dit domein ook de kansen zichtbaar voor andere spelers in de markt. Maar met die kansen ontstaan ook vragen: Zelf retail media worden of erop adverteren? In welke fase van de funnel past het en hoe integreer je het in een mediaplan? Wat is nu precies het verschil met marketplaces en Programmatic ads? In dit half uur beslechten we de dilemma's en krijg je antwoorden op wanneer het voor jou tijd is om de volgende stap te zetten.
[Note: This is a partial preview. To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
Leading companies such as Nike, Toyota, and Siemens are prioritizing sustainable innovation in their business models, setting an example for others to follow. In this Sustainability training presentation, you will learn key concepts, principles, and practices of sustainability applicable across industries. This training aims to create awareness and educate employees, senior executives, consultants, and other key stakeholders, including investors, policymakers, and supply chain partners, on the importance and implementation of sustainability.
LEARNING OBJECTIVES
1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
2. Explore the sustainability implementation model, focusing on effective measures and reporting strategies to track and communicate sustainability efforts.
3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
CONTENTS
1. Introduction and Key Concepts of Sustainability
2. Principles and Practices of Sustainability
3. Measures and Reporting in Sustainability
4. Sustainability Implementation & Best Practices
To download the complete presentation, visit: https://www.oeconsulting.com.sg/training-presentations
Attending a job Interview for B1 and B2 Englsih learnersErika906060
It is a sample of an interview for a business english class for pre-intermediate and intermediate english students with emphasis on the speking ability.
Affordable Stationery Printing Services in Jaipur | Navpack n PrintNavpack & Print
Looking for professional printing services in Jaipur? Navpack n Print offers high-quality and affordable stationery printing for all your business needs. Stand out with custom stationery designs and fast turnaround times. Contact us today for a quote!
Buy Verified PayPal Account | Buy Google 5 Star Reviewsusawebmarket
Buy Verified PayPal Account
Looking to buy verified PayPal accounts? Discover 7 expert tips for safely purchasing a verified PayPal account in 2024. Ensure security and reliability for your transactions.
PayPal Services Features-
🟢 Email Access
🟢 Bank Added
🟢 Card Verified
🟢 Full SSN Provided
🟢 Phone Number Access
🟢 Driving License Copy
🟢 Fasted Delivery
Client Satisfaction is Our First priority. Our services is very appropriate to buy. We assume that the first-rate way to purchase our offerings is to order on the website. If you have any worry in our cooperation usually You can order us on Skype or Telegram.
24/7 Hours Reply/Please Contact
usawebmarketEmail: support@usawebmarket.com
Skype: usawebmarket
Telegram: @usawebmarket
WhatsApp: +1(218) 203-5951
USA WEB MARKET is the Best Verified PayPal, Payoneer, Cash App, Skrill, Neteller, Stripe Account and SEO, SMM Service provider.100%Satisfection granted.100% replacement Granted.
Tata Group Dials Taiwan for Its Chipmaking Ambition in Gujarat’s DholeraAvirahi City Dholera
The Tata Group, a titan of Indian industry, is making waves with its advanced talks with Taiwanese chipmakers Powerchip Semiconductor Manufacturing Corporation (PSMC) and UMC Group. The goal? Establishing a cutting-edge semiconductor fabrication unit (fab) in Dholera, Gujarat. This isn’t just any project; it’s a potential game changer for India’s chipmaking aspirations and a boon for investors seeking promising residential projects in dholera sir.
Visit : https://www.avirahi.com/blog/tata-group-dials-taiwan-for-its-chipmaking-ambition-in-gujarats-dholera/
Enterprise Excellence is Inclusive Excellence.pdfKaiNexus
Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
What is Enterprise Excellence?
Enterprise Excellence is a holistic approach that's aimed at achieving world-class performance across all aspects of the organization.
What might I learn?
A way to engage all in creating Inclusive Excellence. Lessons from the US military and their parallels to the story of Harry Potter. How belt systems and CI teams can destroy inclusive practices. How leadership language invites people to the party. There are three things leaders can do to engage everyone every day: maximizing psychological safety to create environments where folks learn, contribute, and challenge the status quo.
Who might benefit? Anyone and everyone leading folks from the shop floor to top floor.
Dr. William Harvey is a seasoned Operations Leader with extensive experience in chemical processing, manufacturing, and operations management. At Michelman, he currently oversees multiple sites, leading teams in strategic planning and coaching/practicing continuous improvement. William is set to start his eighth year of teaching at the University of Cincinnati where he teaches marketing, finance, and management. William holds various certifications in change management, quality, leadership, operational excellence, team building, and DiSC, among others.
Kseniya Leshchenko: Shared development support service model as the way to ma...Lviv Startup Club
Kseniya Leshchenko: Shared development support service model as the way to make small projects with small budgets profitable for the company (UA)
Kyiv PMDay 2024 Summer
Website – www.pmday.org
Youtube – https://www.youtube.com/startuplviv
FB – https://www.facebook.com/pmdayconference
Premium MEAN Stack Development Solutions for Modern BusinessesSynapseIndia
Stay ahead of the curve with our premium MEAN Stack Development Solutions. Our expert developers utilize MongoDB, Express.js, AngularJS, and Node.js to create modern and responsive web applications. Trust us for cutting-edge solutions that drive your business growth and success.
Know more: https://www.synapseindia.com/technology/mean-stack-development-company.html
RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...BBPMedia1
Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
Putting the SPARK into Virtual Training.pptxCynthia Clay
This 60-minute webinar, sponsored by Adobe, was delivered for the Training Mag Network. It explored the five elements of SPARK: Storytelling, Purpose, Action, Relationships, and Kudos. Knowing how to tell a well-structured story is key to building long-term memory. Stating a clear purpose that doesn't take away from the discovery learning process is critical. Ensuring that people move from theory to practical application is imperative. Creating strong social learning is the key to commitment and engagement. Validating and affirming participants' comments is the way to create a positive learning environment.
Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
2. Commercialization
Moving a product into the marketplace from
the IDEATION stage is not easy, it takes:
1. Money
2. A realistic and robust business plan
3. Intellectual property issue identification
4. Protection of intellectual property
5. A risk management strategy
6. A trusted team of advisors
7. …and more Money
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
3. I have an idea…now what?
1. Do your own search on the internet
• www.freepatentsonline.com
• www.alibaba.com
2. Work with your local Kentucky SBDC/ICC
Office
• Market research
• Business plan
3. Contact a patent attorney for a good
patent/prior art search
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
4. Types of Patent Searches
Pre-filing search: narrow in scope and cost
effective
• Has anyone else filed for this invention?
Research clearance: broader than pre-filing
• How are others solving this specific problem?
Landscape search: broad in scope, assesses
the competitive environment
• What is the competition doing in this category?
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
5. Forms of Intellectual Property
Patents – Protects useful things and methods
invented by man.
Copyright – Protects the tangible expression of
human thought…and vessel hulls.
Trademark - Protects the way we identify the
source of goods and services.
Trade Secret – Protects confidential information
that provides a competitive advantage.
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
6. When Protection Attaches
Patents – When the patent
issues…sometimes backdated.
Copyright – When the work is put into a
tangible form.
Trademark - Upon first commercial use.
Trade Secret – Upon creation and protection.
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
7. Types of Patents
Utility – protects novel inventions having
functional usefulness
Design – protects the ornamental novelty of
man-made creations
Plant – protects invented or discovered plants
which are stable and reproduced by asexual
reproduction, and not a potato or other edible
tuber reproduced plant.
Provisional – doesn’t protect an invention,
just provides an opportunity to quickly obtain
a “priority date” for the invention
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
8. Intellectual Property Issues
EXAMPLES
Investigate potential infringement issues
• Determine whether your products and services
may potentially infringe the patents or
copyrights of others
Assignment of intellectual property rights
• Employees generally must assign patent rights
but independent contractors generally do not
• Employers should explicitly state their IP policy
and have employees sign it
• Contractors should agree to assign IP rights
prior to working
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
9. Intellectual Property Issues
EXAMPLES
Developing a distinctive identity
• Brand name or company name may create
marketplace confusion or even infringe the
trademarks of others
Identifying and naming all inventors
• If someone contributes something that is
included in a patent claim… they are an
inventor
• Inventors have equal and independent patent
rights unless they agree otherwise
• Excluding an inventor can make the patent
invalid or unenforceable
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
10. Inventorship Issues
Joint Inventors have equal rights to the
patent
Obtain assignments prior to having
someone work on an invention with you
Take notes as to who contributed what to
the process
Put the patent rights into an LLC or other
entity which controls the rights according
to a contractual relationship
Use NDA’s (from an attorney) prior to
disclosing information to third partiesCopyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
11. DO NOT make any non-confidential disclosures prior
to filing a patent application
• 12 month grace period in the US
• NO grace period outside the US
• Expensive to overcome a prior filed application –
even if the “inventor” stole the idea from you
DO NOT attempt to commercialize until you
determine that you will not be infringing a patent
DO NOT use a brand name until you know that (1)
you will not be infringing a trademark, (2) know you
can protect that brand name, and (3) know you can
get the brand name as a domain name
Beginning Commercialization
AVOID “ROOKIE” MISTAKES
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
12. Perform your own initial search to see if your
concept is already commercialized and/or
patented
Beware of Invention Submission Scams
Identify your market
Research market size and competition
(KSBDC/ICC)
Identify potential channels of distribution
Ask yourself “does the potential value of the
concept justify a patent search…or any
investment at all?”
Beginning Commercialization
BEST PRACTICES
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
13. Make all agreements in writing
Don’t solicit money from friends and family
Seek money from “qualified” investors using
written disclosures of investment risk
Form a business entity early and know the rules
for preserving the protection it provides
Separate your intellectual property from your
operating company at the very beginning by
putting it in a different business entity
Have a written operating agreement with
partners
Beginning Commercialization
BEST PRACTICES
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
14. Find a patent attorney that fits your needs
• Big Firm vs. Boutique Firm vs. Sole Practitioner
• How many applications have they worked on?
• What is their personal technical background?
• Do they have any product development
experience?
• Do they have any patent litigation experience?
• Do they have alternative fee arrangements…flat
fee?
• What is their hourly billing rate?
Finding a Patent Attorney
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
15. Expect Questions…
What Problem Does Your Invention Solve?
What Is Different Than Other Products Already
Available?
What Materials Have Been Used and Are They
Required?
Are There Any Critical Ranges or Tolerances To
Make The Invention Work?
What Is The “Best” Version Of Your Invention?
Why?
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
16. Patent “Reform” Update
Sept. 16, 2012
• Assignees can now file patents
• Limited post-grant reviews (9 month window)
• “Gotcha” documents permitted
• HUGE increases in fees for post-grant reviews
of patents
March 16, 2013
• FIRST TO FILE BEGINS
• Derivation proceedings (1 year window)
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
17. Patent FAQ
Q. Should I ask a patent attorney to sign an
NDA?
A. No, it only makes you look silly.
Why? You already have attorney-client
privilege. Laws relating to privilege and
fiduciary duty are better suited to deal with the
issue than contract law.
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
18. Patent FAQ
Q. Why shouldn’t I put my patent in my
operating company?
A. To protect it from lawsuits.
Why? If your operating company loses a
lawsuit or files bankruptcy the patent is an asset
of the operating company and will be
transferred to another owner. License the
patent to the operating company from an IP
holding company for more protection.
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
19. Patent FAQ
Q. My company’s employee handbook says I have to
assign any invention I make while employed by them
back to the company. Can they do that?
A. Maybe
Explanation. It depends on the language in the
handbook. There are limitations regardless of what
your employer tells you. It would generally have to
relate to your work or your company’s business.
Your company may also have rights if you used
company resources.
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
20. Patent FAQ
Q. What happens if my patent attorney
contributes something towards the invention
that ends up in the patent claims?
A. They must be listed as a co-inventor.
Why? All inventors have to be named.
However, patent attorneys have to assign their
rights back to the inventor.
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
21. Patent FAQ
Q. How much does a utility patent cost?
A. It all depends on the subject matter, number of
claims, size of the inventor/entity, assistance from
the inventor, billing rate of the attorney, and the
size of the law firm.
Why? Complex subject matter is harder to
explain, patent fees are based in part on the
number of claims and size of the inventor, and big
firms have more overhead and bureaucracy than
smaller firms.
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
22. Patent FAQ
Q. How long does it take to get a patent?
A. It all depends on the patent examiner and
novelty of the invention, but expect 3-5 years.
Why? Patent examiners can be very efficient or
very inefficient in examining applications. No
two patent examiners are the same. Also, the
more novel the invention the faster the patent
grant…typically. Design patents tend to be
faster than utility patents.
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
23. Court ordered compulsory license…in the
public interest. A legal infringement.
A medical practitioner's performance of a
medical activity that constitutes an
infringement is “fair use.”
• Medical practitioners and health care entities
are not subject to civil action or the damages,
injunctions, or cost shifting provisions of patent
law…but their suppliers are fair game.
What is Fair Use? Patent
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
24. Experimental Use
Experimental use will not normally be deemed
patent infringement.
If experimentation is the "business" of the
accused infringer then the experimental use
exception does not apply.
What is Fair Use? Patent
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
25. A downloadable copy of this presentation will be
available on www.francis-law.com later today.
Open Q&A Period
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC
26. THANK YOU!
Jim Francis
Francis Law Office PLLC
1025 Dove Run Rd, Suite 201
Lexington, KY 40502
www.francis-law.com
jim@francis-law.com
859-523-8302 (Office)
Registered US Patent Attorney
Registered Canadian Trademark Agent
FRANCISLAWOFFICEPLLC
Copyright 2013 Francis Law Office PLLC
FRANCIS LAW OFFICE PLLC