The document discusses patents, including what they are, the types of patents (utility patents, plant patents, design patents, and provisional patent applications), why patents are important, and how to obtain a patent. It notes that patents provide a government-authorized monopoly for an invention and allow inventors to charge for their inventions. It describes the application process for provisional patent applications which establish an early filing date and allow marking an invention as "patent pending". The document recommends working with a patent attorney or filing a provisional application yourself to obtain a patent.
Patents What they are, Why you need one and How to get one ver steeg februa...pattersonsheridan
Patents provide inventors with a government-authorized monopoly over their inventions for a limited time. There are three main types of patents: utility patents, which protect inventions or improvements to machines and processes; plant patents, which protect new varieties of plants; and design patents, which protect the visual appearance of manufactured objects. Obtaining a patent is important because it allows inventors to profit from their inventions and deters copying by competitors. Inventors can obtain a patent by hiring a patent attorney or filing a provisional patent application themselves, which establishes an early priority date and allows marking an invention as "patent pending" while a full non-provisional application is prepared.
Patents What they are, Why you need one & How to get one ver steeg february...pattersonsheridan
Patents provide inventors with a government-authorized monopoly over their inventions for a limited time. There are three main types of patents: utility patents, which protect inventions or improvements to machines and processes; plant patents, which protect new varieties of plants; and design patents, which protect the visual appearance of manufactured objects. Obtaining a patent is important because it allows inventors to profit from their inventions and deters copying by competitors. Inventors can obtain a patent by hiring a patent attorney to draft and file the necessary patent application documents with the US Patent and Trademark Office or by filing a provisional patent application themselves.
The document discusses patents, including what they are, how they are obtained, and their key aspects and requirements. Some main points:
- Patents provide exclusive rights over inventions and protect creations of the human mind. They are granted by patent offices for new, inventive, and industrially applicable inventions.
- To be patented, inventions must be novel with an inventive step not obvious to others in the field. They must also have utility and be capable of industrial application.
- Patent applications undergo an examination process before being granted for a limited period of time (usually 20 years). Patents are territorial rights within the granting country or region.
- International agreements like the Patent Cooperation Treaty
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
The document discusses various aspects of patent damages and infringement cases in India. It provides information on the types of patent disputes, forums for resolving disputes, types of infringement and remedies available. Some key points include:
- There are three types of patent infringement: direct, indirect, and contributory.
- Remedies for infringement include injunctions, accounts of profits, compensatory damages, and in some cases punitive damages.
- Calculating damages can involve determining lost profits or reasonable royalties based on factors like the Georgia-Pacific test.
- Indian courts have not established clear guidelines for calculating damages but look to decisions from other jurisdictions like the US.
Patents provide benefits and have a basic procedure flowchart in India. The flowchart involves filing a patent application with the Indian Patent Office, publication after 18 months, the possibility of pre-grant opposition, requesting examination within 48 months of priority or filing date, examination and receiving a first statement of objections, complying with patent office requirements, and potentially receiving grant or rejection with the possibility of post-grant opposition. Closer2patents is a firm that provides affordable patent services including research, filing, drafting, commercialization, and strategy support.
Nike sued Adidas for patent infringement over Adidas' use of cushioning technology in its shoes that was similar to Nike's patented Shox technology. Nike had invested heavily in developing Shox and held 19 patents protecting it. Despite these patents, Adidas manufactured and sold shoes using a refashioned version of the Shox technology, called the a3 cushioning system. The court found that Adidas had infringed on Nike's patents by using its patented cushioning technology without permission.
Post-Factum Selection of Patent Term Starting DateBetsalel Rechav
Is it possible to select a starting date for your patent term?
The presentation addresses the topic of whether it is possible to select a patent term starting date, without bearing the risk that accompanies postponed filing.
Patents What they are, Why you need one and How to get one ver steeg februa...pattersonsheridan
Patents provide inventors with a government-authorized monopoly over their inventions for a limited time. There are three main types of patents: utility patents, which protect inventions or improvements to machines and processes; plant patents, which protect new varieties of plants; and design patents, which protect the visual appearance of manufactured objects. Obtaining a patent is important because it allows inventors to profit from their inventions and deters copying by competitors. Inventors can obtain a patent by hiring a patent attorney or filing a provisional patent application themselves, which establishes an early priority date and allows marking an invention as "patent pending" while a full non-provisional application is prepared.
Patents What they are, Why you need one & How to get one ver steeg february...pattersonsheridan
Patents provide inventors with a government-authorized monopoly over their inventions for a limited time. There are three main types of patents: utility patents, which protect inventions or improvements to machines and processes; plant patents, which protect new varieties of plants; and design patents, which protect the visual appearance of manufactured objects. Obtaining a patent is important because it allows inventors to profit from their inventions and deters copying by competitors. Inventors can obtain a patent by hiring a patent attorney to draft and file the necessary patent application documents with the US Patent and Trademark Office or by filing a provisional patent application themselves.
The document discusses patents, including what they are, how they are obtained, and their key aspects and requirements. Some main points:
- Patents provide exclusive rights over inventions and protect creations of the human mind. They are granted by patent offices for new, inventive, and industrially applicable inventions.
- To be patented, inventions must be novel with an inventive step not obvious to others in the field. They must also have utility and be capable of industrial application.
- Patent applications undergo an examination process before being granted for a limited period of time (usually 20 years). Patents are territorial rights within the granting country or region.
- International agreements like the Patent Cooperation Treaty
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
The document discusses various aspects of patent damages and infringement cases in India. It provides information on the types of patent disputes, forums for resolving disputes, types of infringement and remedies available. Some key points include:
- There are three types of patent infringement: direct, indirect, and contributory.
- Remedies for infringement include injunctions, accounts of profits, compensatory damages, and in some cases punitive damages.
- Calculating damages can involve determining lost profits or reasonable royalties based on factors like the Georgia-Pacific test.
- Indian courts have not established clear guidelines for calculating damages but look to decisions from other jurisdictions like the US.
Patents provide benefits and have a basic procedure flowchart in India. The flowchart involves filing a patent application with the Indian Patent Office, publication after 18 months, the possibility of pre-grant opposition, requesting examination within 48 months of priority or filing date, examination and receiving a first statement of objections, complying with patent office requirements, and potentially receiving grant or rejection with the possibility of post-grant opposition. Closer2patents is a firm that provides affordable patent services including research, filing, drafting, commercialization, and strategy support.
Nike sued Adidas for patent infringement over Adidas' use of cushioning technology in its shoes that was similar to Nike's patented Shox technology. Nike had invested heavily in developing Shox and held 19 patents protecting it. Despite these patents, Adidas manufactured and sold shoes using a refashioned version of the Shox technology, called the a3 cushioning system. The court found that Adidas had infringed on Nike's patents by using its patented cushioning technology without permission.
Post-Factum Selection of Patent Term Starting DateBetsalel Rechav
Is it possible to select a starting date for your patent term?
The presentation addresses the topic of whether it is possible to select a patent term starting date, without bearing the risk that accompanies postponed filing.
The document summarizes the key differences between pre-grant opposition and post-grant opposition of patents in India. Pre-grant opposition can be filed before the grant of a patent while a patent is still pending, allowing any person to oppose the grant of the patent. Post-grant opposition must be filed within 12 months of the patent grant, and allows for revocation of an already granted patent by interested parties. The document outlines the grounds, procedures, authorities, and timelines involved in each type of opposition process in India.
What is IP, Patents in Pharma Industry by Dr Anthony Crasto, a complete guide for patenting in drug synthesis, discovery, process, polymorphs, AN INSIGHT INTO PCT, DATES, CLAIMS, DEFINITIONS ETC, all you want to know about criteria, method mode, advantages etc, EMAIL ME amcrasto@gmail.com, call +91 9323115463
This document provides an overview of patents, including definitions, the need for patenting, conditions for patentability, types of patents, parts of a patent document, the patent application process, and search techniques. Key points include: a patent provides exclusive rights to an invention for a limited time; to be patentable, an invention must be novel, non-obvious, and useful; the main types of patents are utility, design, and plant patents; important parts of a patent include the abstract, background, claims, and detailed description; the application process involves filing a provisional or complete specification within 12-15 months; and patent searches help determine patentability and freedom to operate.
The document provides an introduction to patent law, including:
1) A patent is a legal document issued by a government that grants the right to prohibit others from making, using, or selling a claimed invention for a limited time in exchange for publicly disclosing the invention details.
2) The purpose of patent law is to promote science and useful arts by securing exclusive rights to authors and inventors for limited times.
3) Inventors seek patent protection for both offensive and defensive strategies related to investment, revenue, market protection, and preventing competitor patents.
A patent is a set of exclusive rights granted by a sovereign state to an inventor for a limited period of time, typically 20 years, in exchange for publicly disclosing the details of the invention. An invention must meet the requirements of being useful, novel, and non-obvious to qualify for patent protection. A patent allows the owner to prevent others from making, using, selling, importing, or distributing the patented invention without permission.
The document summarizes information about patents from the Penn State University Libraries. It discusses what can and cannot be patented, the criteria for patentability, and resources for searching patents such as the USPTO website and Google Patents. Key points include that patents protect inventions by giving the inventor exclusive rights for a limited time, and cover utility patents, design patents, and plant patents. Copyrights protect original creative works while trademarks protect brand names and logos.
The document discusses patentability requirements in the US, including utility, novelty, and non-obviousness. It provides details on the types of subject matter that can be patented, conditions for novelty like anticipation and statutory bars, and considerations for non-obviousness. It also discusses the European patent regime and takes questions.
This document provides an overview of intellectual property rights and patents in India. It begins with definitions of patents and inventions. It then outlines what can and cannot be patented under Indian law. It discusses international treaties India has signed related to patents. It also describes the types of patent applications and procedures for filing in India and internationally. Next, it ranks the top 10 technology companies by number of patents and analyzes the financial impact of patents for some of these companies. Finally, it discusses current challenges with obtaining patents in India and their significance.
The document provides an overview of the patent filing process in India. It discusses the types of patent applications that can be filed, including ordinary, convention, patent of addition, and divisional applications. The key stages of the patent process are described, including filing, publication, examination, opposition, and grant. Requirements for documents, fees, and timelines at different stages of the process are also outlined.
The document discusses the process for obtaining a patent right in India. It begins by defining what a patent is - a set of exclusive rights granted by a government for a new invention for a limited period of time. It then outlines the 5 main steps to obtain a patent right in India: 1) determine the marketability of the invention, 2) conduct a worldwide patent search, 3) file a provisional patent application, 4) file a complete patent application, and 5) follow all patent deadline dates. The document emphasizes that patents only provide protection within the country they are filed in, so separate patents are needed in each country where protection is desired.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Introduction To Patents and Patent law (Patent,Trademarks,Copyright &India...Bushra S
This document provides an overview of intellectual property rights including patents, trademarks, and copyright. It defines intellectual property as creations of the mind such as inventions, literary works, symbols, and designs. Patents provide exclusive rights over an invention for a limited time. Trademarks protect distinctive signs that identify goods and services of one company. Copyright protects literary and artistic works that are fixed in a tangible medium. The document outlines requirements, terms, and limitations for different types of intellectual property rights under Indian law.
The document summarizes key changes to patent law under the America Invents Act, including changing from a first-to-invent system to a first-inventor-to-file system. It discusses provisions around prior art exceptions, derivation proceedings, issues around the scope of prior art and inventor disclosures, and recommendations like filing early and considering pre-filing public disclosures.
Patent- Relevance of patent in the fashion industry, few examples, different type of patent and national and international route of applying for the patent.
This document provides an overview of the patent prosecution process. It defines patent prosecution as the interaction between an applicant and a patent office regarding a patent application or issued patent. The process involves pre-grant prosecution to negotiate for a patent grant, and post-grant prosecution on issues like amendments and oppositions. The document outlines the basic steps of pre-grant prosecution including preparing and filing an application, examination, appeals, and abandonment. Post-grant prosecution includes opposition and reissues. It also briefly describes related concepts like prior art, specifications, claims, and rejections/amendments. Finally, it notes that while the prosecution process seems straightforward, the Manual of Patent Examining Procedure contains over 3000 pages of evolving guidelines.
This document provides a brief overview of US utility patent law and the patenting process. It discusses the different types of patents including design, plant, and utility patents. It describes the basic patenting timeline including filing a provisional or non-provisional patent application and undergoing examination. Key concepts like patentability requirements of utility, novelty, and non-obviousness are introduced. Cost estimates and strategies for obtaining and enforcing a patent are also summarized.
This document discusses the process of patent prosecution, which involves negotiating with a patent office regarding a patent application or issued patent. Key aspects include:
- Drafting and filing an application
- Responding to office actions that examine patentability requirements and may reject or object to claims
- Potentially amending claims, adding arguments, or appealing rejections
- Developing a strategy based on the specific office action, such as conducting interviews or deciding how to structure responses
- Taking the perspective of both the examiner and potential infringers when prosecuting applications
The document discusses opposition and revocation of patents in India. It describes pre-grant opposition, which allows opposing the grant of a patent within 3 months of publication. Post-grant opposition allows requesting revocation of a granted patent within 1 year of the grant. Revocation can occur beyond post-grant opposition on grounds such as lacking novelty or inventive steps. The document provides examples of opposition cases, such as Positive Women's Network opposing Boehringer Ingelheim's nevirapine syrup patent, and Cipla opposing Roche's osteoporosis drug patent. It describes who can file for revocation and the grounds for revoking a patent.
The document provides information on different types of patent applications in India. It discusses provisional applications, which are filed before an invention is finalized to claim priority. Non-provisional or ordinary applications are filed when priority is not claimed. Convention applications allow claiming priority based on applications filed in convention countries. PCT international applications can be filed to seek protection in multiple countries simultaneously. National phase applications must then be filed in each designated country. The document also discusses patent of addition applications for modifications of existing inventions, and divisional applications which divide one application into multiple applications.
This document summarizes the law around divided or joint infringement after key Supreme Court cases. It discusses that for direct infringement, one entity must perform all steps of a method claim or direct/control the performance of each step. For induced infringement, the inducer must intend to cause infringement but need not directly perform each step. There is no liability if no single party performs all steps but the inducer does not intend to cause joint infringement. Obtaining an opinion of counsel can be used to show lack of intent for induced infringement.
Divided Infringement of Method Claims: A Tough SellMichael Cicero
Discusses the state of the law on this issue prior to the Federal Circuit's decision in Akamai Techs., Inc. v. Limelight Networks, Inc., 692 F.3d 1301 (Fed. Cir. 2012).
The document summarizes the key differences between pre-grant opposition and post-grant opposition of patents in India. Pre-grant opposition can be filed before the grant of a patent while a patent is still pending, allowing any person to oppose the grant of the patent. Post-grant opposition must be filed within 12 months of the patent grant, and allows for revocation of an already granted patent by interested parties. The document outlines the grounds, procedures, authorities, and timelines involved in each type of opposition process in India.
What is IP, Patents in Pharma Industry by Dr Anthony Crasto, a complete guide for patenting in drug synthesis, discovery, process, polymorphs, AN INSIGHT INTO PCT, DATES, CLAIMS, DEFINITIONS ETC, all you want to know about criteria, method mode, advantages etc, EMAIL ME amcrasto@gmail.com, call +91 9323115463
This document provides an overview of patents, including definitions, the need for patenting, conditions for patentability, types of patents, parts of a patent document, the patent application process, and search techniques. Key points include: a patent provides exclusive rights to an invention for a limited time; to be patentable, an invention must be novel, non-obvious, and useful; the main types of patents are utility, design, and plant patents; important parts of a patent include the abstract, background, claims, and detailed description; the application process involves filing a provisional or complete specification within 12-15 months; and patent searches help determine patentability and freedom to operate.
The document provides an introduction to patent law, including:
1) A patent is a legal document issued by a government that grants the right to prohibit others from making, using, or selling a claimed invention for a limited time in exchange for publicly disclosing the invention details.
2) The purpose of patent law is to promote science and useful arts by securing exclusive rights to authors and inventors for limited times.
3) Inventors seek patent protection for both offensive and defensive strategies related to investment, revenue, market protection, and preventing competitor patents.
A patent is a set of exclusive rights granted by a sovereign state to an inventor for a limited period of time, typically 20 years, in exchange for publicly disclosing the details of the invention. An invention must meet the requirements of being useful, novel, and non-obvious to qualify for patent protection. A patent allows the owner to prevent others from making, using, selling, importing, or distributing the patented invention without permission.
The document summarizes information about patents from the Penn State University Libraries. It discusses what can and cannot be patented, the criteria for patentability, and resources for searching patents such as the USPTO website and Google Patents. Key points include that patents protect inventions by giving the inventor exclusive rights for a limited time, and cover utility patents, design patents, and plant patents. Copyrights protect original creative works while trademarks protect brand names and logos.
The document discusses patentability requirements in the US, including utility, novelty, and non-obviousness. It provides details on the types of subject matter that can be patented, conditions for novelty like anticipation and statutory bars, and considerations for non-obviousness. It also discusses the European patent regime and takes questions.
This document provides an overview of intellectual property rights and patents in India. It begins with definitions of patents and inventions. It then outlines what can and cannot be patented under Indian law. It discusses international treaties India has signed related to patents. It also describes the types of patent applications and procedures for filing in India and internationally. Next, it ranks the top 10 technology companies by number of patents and analyzes the financial impact of patents for some of these companies. Finally, it discusses current challenges with obtaining patents in India and their significance.
The document provides an overview of the patent filing process in India. It discusses the types of patent applications that can be filed, including ordinary, convention, patent of addition, and divisional applications. The key stages of the patent process are described, including filing, publication, examination, opposition, and grant. Requirements for documents, fees, and timelines at different stages of the process are also outlined.
The document discusses the process for obtaining a patent right in India. It begins by defining what a patent is - a set of exclusive rights granted by a government for a new invention for a limited period of time. It then outlines the 5 main steps to obtain a patent right in India: 1) determine the marketability of the invention, 2) conduct a worldwide patent search, 3) file a provisional patent application, 4) file a complete patent application, and 5) follow all patent deadline dates. The document emphasizes that patents only provide protection within the country they are filed in, so separate patents are needed in each country where protection is desired.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Introduction To Patents and Patent law (Patent,Trademarks,Copyright &India...Bushra S
This document provides an overview of intellectual property rights including patents, trademarks, and copyright. It defines intellectual property as creations of the mind such as inventions, literary works, symbols, and designs. Patents provide exclusive rights over an invention for a limited time. Trademarks protect distinctive signs that identify goods and services of one company. Copyright protects literary and artistic works that are fixed in a tangible medium. The document outlines requirements, terms, and limitations for different types of intellectual property rights under Indian law.
The document summarizes key changes to patent law under the America Invents Act, including changing from a first-to-invent system to a first-inventor-to-file system. It discusses provisions around prior art exceptions, derivation proceedings, issues around the scope of prior art and inventor disclosures, and recommendations like filing early and considering pre-filing public disclosures.
Patent- Relevance of patent in the fashion industry, few examples, different type of patent and national and international route of applying for the patent.
This document provides an overview of the patent prosecution process. It defines patent prosecution as the interaction between an applicant and a patent office regarding a patent application or issued patent. The process involves pre-grant prosecution to negotiate for a patent grant, and post-grant prosecution on issues like amendments and oppositions. The document outlines the basic steps of pre-grant prosecution including preparing and filing an application, examination, appeals, and abandonment. Post-grant prosecution includes opposition and reissues. It also briefly describes related concepts like prior art, specifications, claims, and rejections/amendments. Finally, it notes that while the prosecution process seems straightforward, the Manual of Patent Examining Procedure contains over 3000 pages of evolving guidelines.
This document provides a brief overview of US utility patent law and the patenting process. It discusses the different types of patents including design, plant, and utility patents. It describes the basic patenting timeline including filing a provisional or non-provisional patent application and undergoing examination. Key concepts like patentability requirements of utility, novelty, and non-obviousness are introduced. Cost estimates and strategies for obtaining and enforcing a patent are also summarized.
This document discusses the process of patent prosecution, which involves negotiating with a patent office regarding a patent application or issued patent. Key aspects include:
- Drafting and filing an application
- Responding to office actions that examine patentability requirements and may reject or object to claims
- Potentially amending claims, adding arguments, or appealing rejections
- Developing a strategy based on the specific office action, such as conducting interviews or deciding how to structure responses
- Taking the perspective of both the examiner and potential infringers when prosecuting applications
The document discusses opposition and revocation of patents in India. It describes pre-grant opposition, which allows opposing the grant of a patent within 3 months of publication. Post-grant opposition allows requesting revocation of a granted patent within 1 year of the grant. Revocation can occur beyond post-grant opposition on grounds such as lacking novelty or inventive steps. The document provides examples of opposition cases, such as Positive Women's Network opposing Boehringer Ingelheim's nevirapine syrup patent, and Cipla opposing Roche's osteoporosis drug patent. It describes who can file for revocation and the grounds for revoking a patent.
The document provides information on different types of patent applications in India. It discusses provisional applications, which are filed before an invention is finalized to claim priority. Non-provisional or ordinary applications are filed when priority is not claimed. Convention applications allow claiming priority based on applications filed in convention countries. PCT international applications can be filed to seek protection in multiple countries simultaneously. National phase applications must then be filed in each designated country. The document also discusses patent of addition applications for modifications of existing inventions, and divisional applications which divide one application into multiple applications.
This document summarizes the law around divided or joint infringement after key Supreme Court cases. It discusses that for direct infringement, one entity must perform all steps of a method claim or direct/control the performance of each step. For induced infringement, the inducer must intend to cause infringement but need not directly perform each step. There is no liability if no single party performs all steps but the inducer does not intend to cause joint infringement. Obtaining an opinion of counsel can be used to show lack of intent for induced infringement.
Divided Infringement of Method Claims: A Tough SellMichael Cicero
Discusses the state of the law on this issue prior to the Federal Circuit's decision in Akamai Techs., Inc. v. Limelight Networks, Inc., 692 F.3d 1301 (Fed. Cir. 2012).
Tafas / GSK-The Trail from Preliminary Injunction to the Federal Circuit and ...pattersonsheridan
The document discusses the legal challenges to patent rules implemented by the United States Patent and Trademark Office (PTO) regarding limitations on continuing applications and claims. It summarizes the key events in the litigation, including: (1) Tafas and GSK filing lawsuits challenging the rules; (2) the district court granting a preliminary injunction, finding the plaintiffs likely to succeed on certain issues; (3) cross motions for summary judgment being filed; and (4) the district court ultimately ruling that the rules exceeded the PTO's statutory authority and were void. It then discusses some of the major issues that the Federal Circuit was considering on appeal.
On Monday, September 24, Knobbe Martens hosted an IP Impact 2012 seminar at the Four Seasons – Palo Alto. Over 85 attendees enjoyed a special presentation by keynote speaker, Mr. Raymond Chen, Deputy General Counsel and Solicitor at the USPTO. Following a short Q&A session with Mr. Chen, Knobbe Martens attorneys Ron Schoenbam and Amy Chun presented on "Latest IP Issues Affecting High-Tech Companies", one of three presentations given during the seminar.
View this presentation to learn what hightech companies should be doing to implement the right IP strategy at your company.
Joint defense agreements in patent infringement cases 2029568 2pattersonsheridan
This document discusses joint defense agreements in patent infringement cases. It begins by defining key terms like "joint defense" and "common interest" and explains how joint defenses have become more common due to an increase in multiple defendant lawsuits. It then discusses the benefits of written joint defense agreements over implied or oral agreements. The main points of joint defense agreements are to define the relationship between parties, preserve privileges when sharing information, avoid conflicts of interest, prevent antitrust issues, maintain independence when necessary, and address logistical concerns like cost sharing.
State Bar Advanced CLE Presentation August 2012 (selinger)pattersonsheridan
This document provides an overview of key considerations for trial lawyers regarding claim construction. It discusses starting claim construction with the goal of avoiding infringement or creating invalidity defenses. It also discusses that claim construction is often outcome determinative, citing the Markman ruling. The document reviews guidelines from court cases like Phillips and Thorner on interpreting claim terms based on intrinsic evidence and the specification. It also discusses narrowing claims during prosecution and the role of trial counsel in the claim construction process.
The document discusses how a patent examiner handles applications and the types of issues they may raise. It covers minor informalities, objections, claim rejections under 112 and 101-103, and double patenting rejections. It provides details on anticipation rejections under 102(a)-(e) and how to argue rejections. The document also offers suggestions for applicants and insights into a patent examiner's procedures and performance metrics.
A patent is a property right granted by the United States Patent and Trademark Office to an inventor for a new, useful, and non-obvious invention. There are three main types of patents: utility patents for processes, machines, articles of manufacture, and compositions of matter; design patents for new, original, and ornamental designs; and plant patents for new and distinct plant varieties. To be patentable, an invention must meet several criteria including novelty, non-obviousness, written description, enablement, best mode, and utility.
Intellectual property law refers to creations of the mind such as inventions, literary works, and symbols. The US Constitution gives Congress the power to grant limited monopolies to authors and inventors via copyright and patent laws. There are several types of intellectual property including patents, copyrights, trademarks, and trade secrets. Patents protect new and useful processes, machines, manufactures, compositions of matter, and plant designs for a limited term. Obtaining a patent requires an application process to show the invention is novel, non-obvious, and adequately disclosed. The America Invents Act of 2011 modernized US patent law and changed it from a first-to-invent system to a first-inventor-to-file
Patenting is Prestigious –
I did it!
And I was first!
Develop reputation in the market
Easy Publication – no editors.
Promotion of Research & Development
Revenue through licensing/assignment/commercialization.
Prevent competitors from copying
The document summarizes key aspects of United States patent law. It discusses that patents can be obtained for processes, machines, compositions of matter, and some plant varieties. To be patentable, an invention must be novel, non-obvious, and adequately disclosed. There are three main types of patents: utility patents, design patents, and plant patents. The document also outlines the patent application and examination process, requirements for patentability, what constitutes patent infringement, and defenses to infringement allegations.
The document discusses various aspects of intellectual property rights including patents, trademarks, copyrights and related terms. Some key points:
- Intellectual property refers to creations of the human mind like inventions, literary works, designs etc. It is protected by patents, copyrights and trademarks which give creators exclusive rights over their creations for a limited time.
- Patents protect inventions and give patent owners exclusive rights to prevent others from commercially exploiting a patented invention without permission. Patents are granted for 20 years and must meet criteria of novelty, inventive step and industrial application.
- Trademarks protect distinctive signs, names or symbols that distinguish goods/services of one enterprise from others. They are registered for 10
InventHelp: How To Patent Your Invention Idea?SuzanneBuckley6
Remember that every inventor's situation is unique, and what works for one inventor may not be the
best fit for another. Carefully evaluate your options, consider the pros and cons, and make an
informed decision based on your specific needs and objectives.
Exploring Patent Infringement in the USA Types and Implications.pptxInvention ip
Discover the consequences of patent infringement for both patent holders and those suspected of infringing. Uncover the complexities of patent infringement lawsuits, from consulting lawyers to reaching agreements. Get an understanding of how to protect intellectual property rights in the ever-evolving digital world. For further information, go to www.InventionIP.com.
This document provides an overview of intellectual property rights (IPR) in India. It discusses the main types of IPR which include patents, designs, trademarks, and copyrights. Patents protect inventions and last for 20 years. Design protection lasts for 5 years and can be renewed twice. Trademarks protect brands indefinitely if renewed. Copyright protects artistic and literary works for the life of the creator plus 70 years. The document outlines the patent filing process in India and enforcement actions that can be taken against intellectual property infringement.
IPFlair provides the best patent consultant in India with the online patent filing process. So get patented today with IPFlair and boost up your business strategy.
The document provides an overview of intellectual property law, including the different types of intellectual property like patents, trademarks, copyrights, and trade secrets. It discusses how these different types of intellectual property can be acquired and enforced, as well as exceptions and limitations. It also covers technology transfer agreements between government laboratories and private entities.
This document provides an overview of intellectual property law, including the different types of intellectual property like patents, trademarks, copyrights, and trade secrets. It discusses how each type of intellectual property is acquired and enforced, as well as considerations around intellectual property ownership. The document also covers technology transfer between government laboratories and non-federal parties through cooperative research and development agreements.
This document provides an overview of intellectual property, including patents, copyrights, trademarks, and trade secrets. It discusses the history and rationale for intellectual property protection, how the US patent system works, and how intellectual property supports economic growth. The key aspects covered are:
- Patents provide exclusive rights to inventors for up to 20 years in exchange for disclosing new technology.
- Copyrights and trademarks protect original creative works and distinctive names/symbols from unauthorized use respectively.
- Trade secrets protect confidential business information from public disclosure.
- The US patent system aims to stimulate invention and share knowledge through low fees, disclosure requirements, and examination of applications.
- Intellectual property protection has
An intellectual property right granted by theSatyendra Singh
An intellectual property right granted by the government of a nation to an inventor that gives him or her the exclusive right to the invention for up to 20 years, in exchange for disclosing the details of the new technology to society for its ultimate benefit.
Patent law provides exclusive rights to inventors for a limited period of time in exchange for publicly disclosing their inventions. India's patent law has evolved over time from the first patent law in 1856 to the modern law of 1970 which was amended in 1999 and 2005. The law provides for both product and process patents with a term of 20 years. It includes safeguards for compulsory licensing and parallel imports to ensure availability of medicines. The patent office has been modernized with increased examiners and IT systems to improve patent administration.
Intellectual Property Rights (IPR) : Patent & patentingJyotismita Saikia
A patent provides the owner exclusive rights to an invention for a limited period of time. There are four types of patents: utility patents, design patents, plant patents, and reissue patents. Inventions must be novel, non-obvious, and industrially applicable to be patented. Business schemes, artistic works, and inventions harmful to life cannot be patented. The patent process in India involves filing, publication, examination, opposition, and grant. While costly, patents provide benefits like protecting intellectual property and creating legal and financial assets.
This document discusses several key legal issues for entrepreneurs, including intellectual property, hiring an attorney, and establishing an organization. It focuses on intellectual property, explaining what patents, trademarks, and copyrights are and providing details on the patent application process. The document emphasizes that intellectual property represents important business assets that entrepreneurs should understand and protect. It also stresses the importance of hiring a lawyer to help navigate legal requirements and avoid risks.
Similar to Patents: What they are, Why you need one, and How to get one (20)
Patents: What they are, Why you need one, and How to get one
1. Patents
What they are, Why you need one,
and How to get one
Presented by:
Steven H. VerSteeg
California Texas New Jersey North Carolina
2. What is a patent?
A patent is a government authorized monopoly
“A patent is an intellectual property right granted by
the Government of the United States of America to an
inventor “to exclude others from making, using,
offering for sale, or selling the invention throughout
the United States or importing the invention into the
United States” for a limited time in exchange for
public disclosure of the invention when the patent is
granted.”
The government gives you the right to exclude others
from using your invention without your permission.
You are generally free to charge whatever the market
will pay for your invention.
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4. Utility Patent
May be granted to anyone who invents or
discovers any new and useful
process, machine, article of manufacture, or
composition of matter, or any new and useful
improvement thereof.
Term is 20 years from filing date
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5. Utility Patent
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6. Utility Patent
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7. Utility Patent
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8. Utility Patent
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9. Utility Patent
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10. Utility Patent
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11. Utility Patent
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12. Plant Patent
May be granted to anyone who invents or
discovers and asexually reproduces any distinct
and new variety of plant.
Term – 20 years from filing
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13. Plant Patent
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14. Plant Patent
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15. Plant Patent
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16. Plant Patent
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17. Plant Patent
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18. Design Patent
May be granted to anyone who invents a new,
original, and ornamental design for an article of
manufacture.
In other words, you are patenting what the object
looks like.
Term – 14 years from filing
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19. Design Patent
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20. Design Patent
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21. Design Patent
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22. Design Patent
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23. Why do you need a patent?
$$$$$$$
To protect your invention
Confidence in speaking with potential
customers/suppliers
“Patent Pending” is a good deterrent to potential
copiers
Famous clamshell patent - Grid
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24. Grid patent
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25. Grid patent
A portable computer constructed to be contained within an outer case for transport
and to be erectable to a viewing and operating configuration for use, said computer
comprising:
a base,
a display housing,
a top cover,
a rear cover,
hinge means for permitting swinging movement display housing about an axis of
rotation adjacent the rear end of the dispaly housing and from a closed and
latched position of the display housing on the base to an erected position for
viewing by an operator, and including stop means for holding the display housing
at the desired angle for viewing,
the hinge means being located in a mid portion of the base and wherein the
hinge means permit swinging movement of the display housing to an erected
position in which the inner surface of the display housing is held in an upward
and rearwardly inclined angle for viewing by an operator in front of the computer,
and
including a keyboard in the portion of the base which is exposed by the
movement of the display housing to the erected position.
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26. Provisional Patent Application
A provisional application for patent is a U.S. national application for patent
filed in the USPTO under 35 U.S.C. §111(b). It allows filing without a formal
patent claim, oath or declaration, or any information disclosure (prior art)
statement. It provides the means to establish an early effective filing date in
a later filed non-provisional patent application filed under 35 U.S.C. §111(a).
It also allows the term “Patent Pending” to be applied in connection with the
description of the invention.
A provisional application has a pendency lasting 12 months from the date
the provisional application is filed. The 12-month pendency period cannot
be extended. Therefore, an applicant who files a provisional application
must file a corresponding non-provisional application for patent (non-
provisional application) during the 12-month pendency period of the
provisional application in order to benefit from the earlier filing of the
provisional application. In accordance with 35 U.S.C. §119(e), the
corresponding non-provisional application must contain or be amended to
contain a specific reference to the provisional application.
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27. Provisional Patent Application
The provisional application must be made in the name(s)
of all of the inventor(s). It can be filed up to 12 months
following the date of first sale, offer for sale, public use,
or publication of the invention, whichever occurs first.
(These pre-filing disclosures, although protected in the
United States, may preclude patenting in foreign
countries.)
A filing date will be accorded to a provisional application
only when it contains:
a written description of the invention, complying with all requirements of
35 U.S.C. §112 ¶ 1; and
any drawings necessary to understand the invention, complying with
35 U.S.C. §113.
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28. How can you get a patent?
Get a patent lawyer
Write and file a provisional patent application
yourself
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29. Provisional Patent Application
Write it however you desire
Can be a PowerPoint presentation (but would be
good to add some text in a word processing
document)
Can be written similar to a term paper or a paper
for a journal article
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30. Provisional Patent Application
Requirements:
Provisional Cover Sheet – this is a government form
(SB/16 or SB/16-EFS Web)
http://www.uspto.gov/forms/sb0016.pdf
http://www.uspto.gov/forms/ProvisionalSB.pdf
Filing fee - $125 for small entity
The provisional patent application
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31. How can you get a patent?
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32. How can you get a patent?
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33. How can you get a patent?
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34. How can you get a patent?
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35. How can you get a patent?
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36. How can you get a patent?
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37. How can you get a patent?
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38. How can you get a patent?
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39. How can you get a patent?
Signature:
/John Smith/
Small Entity Status
Pay with Credit Card
Print a copy of the webpage confirming your
filing
USPTO will mail you a filing receipt
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40. Thank you!
Steven H. VerSteeg
Patterson & Sheridan, LLP
3040 Post Oak Boulevard
Suite 1500
Houston, TX 77056
(713) 577-4813
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