Patent Fundamentals for the Start-up | Michael A. Shimokaji | Lunch & Learn
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Patent Fundamentals for the Start-up | Michael A. Shimokaji | Lunch & Learn
- 1. PATENT FUNDAMENTALS FOR THE START-UP MICHAEL SHIMOKAJI 1 SHIMOKAJI.COM
- 2. THREE KINDS OF PATENTS • Plant • Design • Utility 2 SHIMOKAJI.COM
- 3. PLANT PATENT • Legal definition - “asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state” 3 SHIMOKAJI.COM
- 4. PLANT PATENT • Protection for 15 years 4 SHIMOKAJI.COM
- 5. DESIGN PATENT • Legal definition – “ornamental design for an article of manufacture” 5 SHIMOKAJI.COM
- 6. DESIGN PATENT • Article of manufacture is: - a thing made by hand or machine - end product sold to consumer or component of end product 6 SHIMOKAJI.COM
- 7. DESIGN PATENT • Protects the way an article looks, now how it works 7 SHIMOKAJI.COM
- 8. DESIGN PATENT • Includes: - configuration or shape of article - surface ornamentation of article 8 SHIMOKAJI.COM
- 9. DESIGN PATENT • Design must be “primarily ornamental”, rather than primarily functional, when viewed in its entirety • Functional article may still be protected 9 SHIMOKAJI.COM
- 10. DESIGN PATENT • Protection for 15 years 10 SHIMOKAJI.COM
- 11. DESIGN PATENT • Attorney costs: - $2000 to file - $1500 to process 11 SHIMOKAJI.COM
- 12. DESIGN PATENT • Possible strategy: - use design protection instead of utility - faster and cheaper 12 SHIMOKAJI.COM
- 13. UTILITY PATENT • Legal definition - “new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof” 13 SHIMOKAJI.COM
- 14. UTILITY PATENT • Yes – it can protect software and business methods 14 SHIMOKAJI.COM
- 15. UTILITY PATENT • Two kinds: - provisional (only application) - non-provisional 15 SHIMOKAJI.COM
- 16. UTILITY PATENT • Provisional benefits: - patent pending status - early filing date - fast, low cost 16 SHIMOKAJI.COM
- 17. UTILITY PATENT • Provisional disadvantages: - cannot sue infringer - potential missing information - expires in one year SHIMOKAJI.COM
- 18. UTILITY PATENT • Provisional attorney costs: - $1500 to file - $0 to process 18 SHIMOKAJI.COM
- 19. UTILITY PATENT • Provisional possible strategy: - use one year to test your market - file provisional and convert to non- provisional 19 SHIMOKAJI.COM
- 20. UTILITY PATENT • Non-Provisional benefits: - exclude persons from making, using, selling, offering for sale - protection potentially broader than product - protection for 20 years SHIMOKAJI.COM
- 21. UTILITY PATENT • Non-Provisional disadvantages: - only protected in US - no protection beyond patent claims - cannot renew SHIMOKAJI.COM
- 22. UTILITY PATENT • Non-Provisional attorney costs: - $5000 to file - $5000 to process 22 SHIMOKAJI.COM
- 23. UTILITY PATENT • Non-Provisional possible strategy: - file non-provisional (not provisional) to get issued patent against potential infringer - file non-provisional (not provisional) when you want to sell your idea SHIMOKAJI.COM
- 24. FOREIGN PATENT • How to: - PCT - direct 24 SHIMOKAJI.COM
- 25. FOREIGN PATENT • Foreign benefits: - selling outside US - manufacturing outside US 25 SHIMOKAJI.COM
- 26. FOREIGN PATENT • Foreign disadvantages: - country specific protection - translation costs 26 SHIMOKAJI.COM
- 27. FOREIGN PATENT • Foreign attorney costs: - $5K-10K to file - $5K to 10K to process 27 SHIMOKAJI.COM
- 28. FOREIGN PATENT • Foreign possible strategy: - file foreign if there is financial justification - file foreign if you want to sell your idea 28 SHIMOKAJI.COM
- 29. QUESTIONS? • Contact info: Michael Shimokaji mshimokaji@shimokaji.com (949) 788-9968 29 SHIMOKAJI.COM