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
Patents, Innovation and Entrepreneurship (october 15, 2014)Roger Royse
Â
How does the patent system work? How can you use it to protect your company's intellectual property and safeguard your technology? How valuable are patents and how does your company enforce them (or defend against patent rights)? Have the recent and proposed reforms helped or hurt the startup community? Our panel will discuss these and other cutting edge issues dealing with the patent process and how your company can maximize value.
The following presentation describes a recently passed, and soon to be signed, Indiana law regarding how to address the problem of bad-faith assertions of patent infringement by patent assertion entities, sometimes referred to as "patent trolls." The law provides a definition of what constitutes bad faith assertion of patent infringement as well as gives guidance on basic information that is required for patent cease and desist or demand letters. It also provides procedures for having the entity post a pre-trial bond and/or be subject to damages or other remedies for bad faith assertion of patent infringement.
Stratus IP Law Group at District I/O on May 30stratuspresents
Â
This document discusses considerations around intellectual property (IP) for startups. It notes that patents can provide the statutory right to exclude others from an invention for a limited time, in exchange for publicly disclosing the invention. While some view patents skeptically, the document explains that technology giants like Google and Facebook actively pursue patents to protect their innovations from lawsuits. It advises startups to consult a patent attorney and avoid common mistakes like publicly disclosing an idea before filing a patent or relying only on a provisional patent application.
10 Things Business Owners Should Know About Intellectual PropertyKelley Keller, Esq.
Â
This document provides an overview of 10 things business owners should know about intellectual property. It begins by defining intellectual property as creations of the human mind that have value in the marketplace and can be protected by exclusive rights. These intangible assets provide competitive advantages for businesses. The document then discusses the major forms of intellectual property including patents, trademarks, copyrights, and trade secrets. It provides details on what constitutes each type of intellectual property and how they can be protected and registered.
An Invention Disclosure is a comprehensive formal business record of the invention seeking a patent grant. This represents the first recording of the invention including the relevant date, names of the inventors and scope of the invention.
The description of the invention in the disclosure must lay emphasis on the fulfilling of the requirements of patentability, such as novelty and non- obviousness of the invention. These criteriaâs are to be met with in the invention disclosure whilst ensuring that the specifications are well-explained, such that a layman may reproduce or make use of the invention.
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
Patents, Innovation and Entrepreneurship (october 15, 2014)Roger Royse
Â
How does the patent system work? How can you use it to protect your company's intellectual property and safeguard your technology? How valuable are patents and how does your company enforce them (or defend against patent rights)? Have the recent and proposed reforms helped or hurt the startup community? Our panel will discuss these and other cutting edge issues dealing with the patent process and how your company can maximize value.
The following presentation describes a recently passed, and soon to be signed, Indiana law regarding how to address the problem of bad-faith assertions of patent infringement by patent assertion entities, sometimes referred to as "patent trolls." The law provides a definition of what constitutes bad faith assertion of patent infringement as well as gives guidance on basic information that is required for patent cease and desist or demand letters. It also provides procedures for having the entity post a pre-trial bond and/or be subject to damages or other remedies for bad faith assertion of patent infringement.
Stratus IP Law Group at District I/O on May 30stratuspresents
Â
This document discusses considerations around intellectual property (IP) for startups. It notes that patents can provide the statutory right to exclude others from an invention for a limited time, in exchange for publicly disclosing the invention. While some view patents skeptically, the document explains that technology giants like Google and Facebook actively pursue patents to protect their innovations from lawsuits. It advises startups to consult a patent attorney and avoid common mistakes like publicly disclosing an idea before filing a patent or relying only on a provisional patent application.
10 Things Business Owners Should Know About Intellectual PropertyKelley Keller, Esq.
Â
This document provides an overview of 10 things business owners should know about intellectual property. It begins by defining intellectual property as creations of the human mind that have value in the marketplace and can be protected by exclusive rights. These intangible assets provide competitive advantages for businesses. The document then discusses the major forms of intellectual property including patents, trademarks, copyrights, and trade secrets. It provides details on what constitutes each type of intellectual property and how they can be protected and registered.
An Invention Disclosure is a comprehensive formal business record of the invention seeking a patent grant. This represents the first recording of the invention including the relevant date, names of the inventors and scope of the invention.
The description of the invention in the disclosure must lay emphasis on the fulfilling of the requirements of patentability, such as novelty and non- obviousness of the invention. These criteriaâs are to be met with in the invention disclosure whilst ensuring that the specifications are well-explained, such that a layman may reproduce or make use of the invention.
This document provides an overview of patent searching for startups. It defines prior art, explains that the goal of a patent search is to find similar existing patents to determine patentability. A patent search should be performed to avoid wasting money on applications for unpatentable ideas and to file higher quality applications. For startups, the most cost effective approach is to do an initial preliminary search, then either file the patent application if nothing similar is found or pay for a professional search if something is found to further evaluate patentability. Professional searches are best avoided initially due to cost unless the invention is simple, in a low-tech field, not fully developed, marginally useful, uses old technology or strongly resembles an existing patent.
Inventing 101- Protecting the rights to your inventionHovey Williams LLP
Â
This document provides an overview and summary of an "Inventing 101" presentation about developing and protecting inventions. It discusses the different types of intellectual property including patents, copyrights, trademarks, and trade secrets. For patents, it covers the basic requirements, types of patentable subject matter, the examination process, and costs associated with obtaining a patent. It provides guidance on developing an invention through prototyping, testing, and market research. It also discusses the importance of properly disclosing an invention through an invention disclosure form.
Patents Primer - Filing patents in starupsDino Talic
Â
This is a presentation I gave at Freelancer.com. It is a quick introduction to the principles of patent law and analyses the various components of a patent. Finally, I discus patent strategy in the context of a startup.
[webinar] From Ideas to Assets: Common Investor Pitfalls with Intellectual Pr...OurCrowd
Â
This document discusses common intellectual property pitfalls that investors should be aware of and provides tips for conducting due diligence on a company's IP. It notes that investors should research IP ownership, technology claims, and ensure the company can maintain its patent portfolio. The summary also highlights the need to understand how a company's IP compares to competitors and whether the IP covers core inventions or smaller improvements.
Introduction to Patents and IP CommercializationHasit Seth
Â
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
Introduction to Patents and IP Commercialization. These are slides from a talk I gave at Venture Center NCL (National Chemical Laboratory) in Pune, India to a audience of scientists involved in nanotechnology.
Patent Strategies for Startups by Lang McHardyPatexia Inc.
Â
This document provides guidance on patent strategies for startups. It recommends that startups preserve patent value by filing early, assessing inventions continuously for value, and maintaining patent applications even as the business pivots. Patents can create value for startups by making technical developments tangible, increasing leverage with partners, and stimulating investment and acquisition. The guiding principle is that patents filed by startups belong to their future acquirer, not the startup itself, so the strategy should focus on maintaining patent value rather than enforcement.
The document discusses common issues that arise when drafting and negotiating intellectual property (IP) license agreements. It addresses key terms that should be addressed in the license grant, including the parties, subject matter, scope of rights, territory, term, exclusivity, improvements, and assignment. Care must be taken to clearly and specifically define the rights being licensed to avoid ambiguity and conflict.
This document provides an overview of intellectual property topics including patents, trade secrets, and related cases. It discusses what patents are, how they are obtained and enforced, and key requirements like novelty and non-obviousness. Business method patents and landmark cases are addressed. Trade secrets are defined as virtually any valuable business information that owners take reasonable steps to protect. Both patents and trade secrets are important forms of intellectual property protection.
Traklight Webinar with Shane Olafson and Kyle Siegal on Patent Dos and Don'ts...Traklight.com
Â
A discussion of patent tips for startups, including:
- Carefully allocating precious startup funding
- Properly limiting disclosure of new products and concepts
- Understanding patent application timelines
- Knowing when a provisional application may be appropriate
This presentation addresses the why, what, and how to protect inventions from the vantage point of the early-stage, pre-financing, start-up company that is interested in patenting its inventions and developing an intellectual property portfolio that maximizes the company's valuation and sets it up for success during the intellectual property due diligence that accompanies financing rounds, corporate partnerships, commercialization, and merger and acquisition.
The document discusses patents and trade secrets as forms of intellectual property protection. It defines what patents and trade secrets protect, how they differ, and some key aspects of each. Specifically, it notes that patents protect inventions by providing a limited monopoly in exchange for public disclosure, while trade secrets protect confidential business information as long as reasonable efforts are taken to maintain secrecy. The document provides details on patent prosecution, subject matter, rights, infringement and remedies, as well as the definition and misappropriation of trade secrets.
Building an Effective IP Portfolio without Breaking the Bank - John Sadler, C...marcus evans Network
Â
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
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.
It is focused to provide basic knowledge on prior art search for new intellectuals in the field of IPR. It includes Basic knowledge of Prior art, File wrapper analysis, not list preparation, and one of the important law of Prior Art.
This document provides an overview of advanced patent searching services offered by Frisina, LLC. It describes the different types of patent searches including novelty, collection, freedom to operate, and invalidity searches. It outlines the process for conducting a novelty search, including defining the invention, establishing classifications, formulating search strings, reviewing results, and refining searches. Finally, it lists several available patent search engines, both free and subscription-based.
Deck designed and delivered by Ian Bell from the Canadian Intellectual Property Office during his session at the Vancouver Innovation Labs (May 24th, 2016)
This document provides an overview of the patent process. It discusses how patents provide limited monopoly rights to prevent others from practicing an invention for up to 20 years. Key aspects of patentability include the invention being useful, novel, and non-obvious. The patent application process involves drafting a specification and claims, filing, responding to office actions, and iterating until the patent is allowed. Public disclosure prior to patenting can result in losing patent rights, so applications should be filed before any unprotected disclosure.
This document discusses different types of prior art searches including patentability searches, validity searches, freedom-to-operate (FTO) searches, and state-of-the-art searches. It explains that a prior art search aims to identify any publicly available information, publications, or knowledge that existed before the filing date of a patent application. The document outlines when each type of search is typically conducted, the scope and focus of each search, and whether patent or non-patent literature is searched. It also provides a brief overview of how prior art searches can help inventors, companies, and patent holders by avoiding infringement, strengthening patent applications and defenses, and keeping up with competition and technology developments.
This document provides an overview of patent searching for startups. It defines prior art, explains that the goal of a patent search is to find similar existing patents to determine patentability. A patent search should be performed to avoid wasting money on applications for unpatentable ideas and to file higher quality applications. For startups, the most cost effective approach is to do an initial preliminary search, then either file the patent application if nothing similar is found or pay for a professional search if something is found to further evaluate patentability. Professional searches are best avoided initially due to cost unless the invention is simple, in a low-tech field, not fully developed, marginally useful, uses old technology or strongly resembles an existing patent.
Inventing 101- Protecting the rights to your inventionHovey Williams LLP
Â
This document provides an overview and summary of an "Inventing 101" presentation about developing and protecting inventions. It discusses the different types of intellectual property including patents, copyrights, trademarks, and trade secrets. For patents, it covers the basic requirements, types of patentable subject matter, the examination process, and costs associated with obtaining a patent. It provides guidance on developing an invention through prototyping, testing, and market research. It also discusses the importance of properly disclosing an invention through an invention disclosure form.
Patents Primer - Filing patents in starupsDino Talic
Â
This is a presentation I gave at Freelancer.com. It is a quick introduction to the principles of patent law and analyses the various components of a patent. Finally, I discus patent strategy in the context of a startup.
[webinar] From Ideas to Assets: Common Investor Pitfalls with Intellectual Pr...OurCrowd
Â
This document discusses common intellectual property pitfalls that investors should be aware of and provides tips for conducting due diligence on a company's IP. It notes that investors should research IP ownership, technology claims, and ensure the company can maintain its patent portfolio. The summary also highlights the need to understand how a company's IP compares to competitors and whether the IP covers core inventions or smaller improvements.
Introduction to Patents and IP CommercializationHasit Seth
Â
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
Introduction to Patents and IP Commercialization. These are slides from a talk I gave at Venture Center NCL (National Chemical Laboratory) in Pune, India to a audience of scientists involved in nanotechnology.
Patent Strategies for Startups by Lang McHardyPatexia Inc.
Â
This document provides guidance on patent strategies for startups. It recommends that startups preserve patent value by filing early, assessing inventions continuously for value, and maintaining patent applications even as the business pivots. Patents can create value for startups by making technical developments tangible, increasing leverage with partners, and stimulating investment and acquisition. The guiding principle is that patents filed by startups belong to their future acquirer, not the startup itself, so the strategy should focus on maintaining patent value rather than enforcement.
The document discusses common issues that arise when drafting and negotiating intellectual property (IP) license agreements. It addresses key terms that should be addressed in the license grant, including the parties, subject matter, scope of rights, territory, term, exclusivity, improvements, and assignment. Care must be taken to clearly and specifically define the rights being licensed to avoid ambiguity and conflict.
This document provides an overview of intellectual property topics including patents, trade secrets, and related cases. It discusses what patents are, how they are obtained and enforced, and key requirements like novelty and non-obviousness. Business method patents and landmark cases are addressed. Trade secrets are defined as virtually any valuable business information that owners take reasonable steps to protect. Both patents and trade secrets are important forms of intellectual property protection.
Traklight Webinar with Shane Olafson and Kyle Siegal on Patent Dos and Don'ts...Traklight.com
Â
A discussion of patent tips for startups, including:
- Carefully allocating precious startup funding
- Properly limiting disclosure of new products and concepts
- Understanding patent application timelines
- Knowing when a provisional application may be appropriate
This presentation addresses the why, what, and how to protect inventions from the vantage point of the early-stage, pre-financing, start-up company that is interested in patenting its inventions and developing an intellectual property portfolio that maximizes the company's valuation and sets it up for success during the intellectual property due diligence that accompanies financing rounds, corporate partnerships, commercialization, and merger and acquisition.
The document discusses patents and trade secrets as forms of intellectual property protection. It defines what patents and trade secrets protect, how they differ, and some key aspects of each. Specifically, it notes that patents protect inventions by providing a limited monopoly in exchange for public disclosure, while trade secrets protect confidential business information as long as reasonable efforts are taken to maintain secrecy. The document provides details on patent prosecution, subject matter, rights, infringement and remedies, as well as the definition and misappropriation of trade secrets.
Building an Effective IP Portfolio without Breaking the Bank - John Sadler, C...marcus evans Network
Â
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
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.
It is focused to provide basic knowledge on prior art search for new intellectuals in the field of IPR. It includes Basic knowledge of Prior art, File wrapper analysis, not list preparation, and one of the important law of Prior Art.
This document provides an overview of advanced patent searching services offered by Frisina, LLC. It describes the different types of patent searches including novelty, collection, freedom to operate, and invalidity searches. It outlines the process for conducting a novelty search, including defining the invention, establishing classifications, formulating search strings, reviewing results, and refining searches. Finally, it lists several available patent search engines, both free and subscription-based.
Deck designed and delivered by Ian Bell from the Canadian Intellectual Property Office during his session at the Vancouver Innovation Labs (May 24th, 2016)
This document provides an overview of the patent process. It discusses how patents provide limited monopoly rights to prevent others from practicing an invention for up to 20 years. Key aspects of patentability include the invention being useful, novel, and non-obvious. The patent application process involves drafting a specification and claims, filing, responding to office actions, and iterating until the patent is allowed. Public disclosure prior to patenting can result in losing patent rights, so applications should be filed before any unprotected disclosure.
This document discusses different types of prior art searches including patentability searches, validity searches, freedom-to-operate (FTO) searches, and state-of-the-art searches. It explains that a prior art search aims to identify any publicly available information, publications, or knowledge that existed before the filing date of a patent application. The document outlines when each type of search is typically conducted, the scope and focus of each search, and whether patent or non-patent literature is searched. It also provides a brief overview of how prior art searches can help inventors, companies, and patent holders by avoiding infringement, strengthening patent applications and defenses, and keeping up with competition and technology developments.
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Chapter 23
Intellectual Property
L E A R N I N G O B J E C T I V E S
After reading this chapter, you should understand the following:
1. The principal kinds of intellectual property
2. The difference between patents and trade secrets, and why a company might
choose to rely on trade secrets rather than obtain a patent
3. What copyrights are, how to obtain them, and how they differ from
trademarks
4. Why some âmarksâ may not be eligible for trademark protection, and how to
obtain trademark protection for those that are
Few businesses of any size could operate without being able to protect their rights to a particular type of
intangible personal property:intellectual property. The major forms of intellectual property are patents,
copyrights, and trademarks. Unlike tangible personal property (machines, inventory) or real property
(land, office buildings), intellectual property is formless. It is the product of the human intellect that is
embodied in the goods and services a company offers and by which the company is known.
A patent is a grant from government that gives an inventor the exclusive right to make, use, and sell an
invention for a period of twenty years from the date of filing the application for a patent. A copyright is
the right to exclude others from using or marketing forms of expression. A trademark is the right to
prevent others from using a companyâs product name, slogan, or identifying design. Other forms of
intellectual property are trade secrets (particular kinds of information of commercial use to a company
that created it) and right of publicity (the right to exploit a personâs name or image). Note that the
property interest protected in each case is not the tangible copy of the invention or writingânot the
machine with a particular serial number or the book lying on someoneâs shelfâbut the invention or words
themselves. That is why intellectual property is said to be intangible: it is a right to exclude any others
Chapter 23 from Advanced Business Law and the Legal Environment was adapted
by The Saylor Foundation under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0
license without attribution as requested by the workâs original creator or licensee. Š 2014, The Saylor Foundation.
http://www.saylor.org/site/textbooks/Advanced%20Business%20Law%20and%20the%20Legal%20Environment.pdf
http://creativecommons.org/licenses/by-sa/3.0/
Saylor URL: http://www.saylor.org/books Saylor.org
1075
from gaining economic benefit from your own intellectual creation. In this chapter, we examine how
Congress, the courts, and the Patent and Trademark Office have worked to protect the major types of
intellectual property.
Saylor URL: http://www.saylor.org/books Saylor.org
1076
23.1 Patents
L E A R N I N G O B J E C T I V E S
1. Explain why Congress would grant exclusive monopolies (patents) for ce.
All About Intellectual Property, the law, and some of the strategy and business considerations behind developing and leveraging intellectual property in business
4-28-16 IP for general counsel (publish)Stephen Mason
Â
This document provides an overview of different types of intellectual property protection including copyrights, trademarks, patents, and trade secrets. It discusses what each type protects, requirements for obtaining protection, rights and limitations, costs associated with protection, and factors to consider in determining what type of protection is most appropriate for a business. Key information covered includes copyright protecting expression but not ideas, trademarks identifying business sources, patents protecting inventions, and trade secrets requiring secrecy.
The document provides an overview of the U.S. patent process from conception of an invention to filing a patent application. It discusses key steps and considerations including scientific research and discovery, disclosure to a technology transfer office, evaluation of patentability, drafting the application, and filing as a provisional or non-provisional application. Important dates, prior art, record keeping, evaluation factors, and application types and strategies are covered in detail.
2011 Silicon Flatirons IP (Crash Course) For EntrepreneurersJason Haislmaier
Â
Intellectual Property Crash Course for Entrepreneurs (February 22, 2011) presentation at the Wolf Law Building at the University of Colorado (Boulder, CO)
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
The document summarizes key aspects of the U.S. patent system including the transition from a "first to invent" system to a "first inventor to file" system as a result of the America Invents Act of 2013. It provides details on patent requirements, international implications, effects on small vs. large companies, and examples of how the new system impacts patent disputes. The goal of the changes is to better align the U.S. with international standards and facilitate innovation.
- The document discusses the patent law requirements of utility, novelty, and non-obviousness. It focuses on defining obviousness and the Graham analysis used to determine obviousness.
- It provides examples of how to overcome an obviousness rejection, such as by demonstrating commercial success, long-felt need, or failure of others. It advises keeping a thorough inventor's notebook.
- Recent court cases like KSR v. Teleflex and proposed patent reform legislation aiming to change from a "first to invent" to "first to file" system are briefly summarized.
This slide deck is prepared by David Boag of Boag Law for a CoInvent seminar. This event gives an overview of the patenting process for small business owners and startups.
Intellectual property refers to creations of the mind like inventions, designs, and artistic works. This document discusses patents, which protect the technical aspects of innovations. Patents provide a legal monopoly for up to 20 years in exchange for publicly disclosing the invention. To get a patent, an idea must be novel, non-obvious, and industrially applicable. Patents can be licensed or sold for value, allowing inventors to profit from their ideas. The document outlines the patenting process and costs involved in obtaining legal protection for intellectual property.
Intellectual property refers to creations of the mind like inventions, designs, and artistic works. This document discusses patents, which protect the technical aspects of innovations. Patents provide a legal monopoly for up to 20 years in exchange for publicly disclosing the invention. To get a patent, an idea must be novel, non-obvious, and industrially applicable. Patents can be licensed or sold for value, allowing inventors to profit from their ideas. The document outlines the patenting process and costs involved in obtaining legal protection for intellectual property.
Intellectual property refers to creations of the mind like inventions, designs, and artistic works. This document discusses patents, which protect the technical aspects of innovations. Patents provide a legal monopoly for up to 20 years in exchange for publicly disclosing the invention. To get a patent, an idea must be novel, non-obvious, and industrially applicable. Patents can be licensed or sold for value, allowing inventors to profit from their ideas. The document outlines the patenting process and costs involved in obtaining legal protection for intellectual property.
Intellectual property refers to creations of the mind like inventions, designs, and artistic works. This document discusses patents, which protect the technical aspects of innovations. Patents provide a legal monopoly for up to 20 years in exchange for publicly disclosing the invention. To get a patent, an idea must be novel, non-obvious, and industrially applicable. Patents can be licensed or sold for value, allowing inventors to profit from their ideas. The document outlines the patenting process and costs involved in obtaining legal protection for intellectual property.
Intellectual property refers to creations of the mind like inventions, designs, and artistic works. This document discusses patents, which protect the technical aspects of innovations. Patents provide a legal monopoly for up to 20 years in exchange for publicly disclosing the invention. To get a patent, an idea must be novel, non-obvious, and industrially applicable. Patents can be licensed or sold for value, allowing inventors to profit from their ideas. The document outlines the patenting process and costs involved in obtaining legal protection for intellectual property.
Intellectual property includes patents, copyrights, trademarks, and trade secrets. Patents provide exclusive rights to inventors for up to 20 years in exchange for disclosing details of new technologies. Copyrights protect original creative works. Trademarks protect distinctive names and symbols used in commerce. Trade secrets protect intellectual property that is not publicly disclosed. The U.S. patent system was designed to stimulate invention by providing property rights protection and sharing knowledge through disclosure. Patents must demonstrate novelty, utility, and non-obviousness to be granted. Enforcing patents against infringers may involve litigation or licensing negotiations. Alternatives to litigation include mediation and arbitration. Intellectual property contributes significantly to national economies.
411 on IP 101 for Tech-Geeks in the Startup WorldG. Nagesh Rao
Â
The document discusses intellectual property law and different types of intellectual property. It explains that intellectual property refers to creations of the mind like inventions, artistic works, and symbols. There are four main types of intellectual property: trademarks, copyrights, patents, and trade secrets. The document provides details on what each type protects, requirements for obtaining protection, duration of protection, and examples. It emphasizes the importance of understanding intellectual property law and protecting intellectual property.
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
Exploring Patent Infringement in the USA Types and Implications.pptxInvention ip
Â
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.
Exploring Patent Infringement in the USA Types and Implications.pptx
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Become Patent-smart Entrepreneur
1. Become Patent-Smart
Entrepreneur!
Hemant Chaskar
Inventor, US Patent Office Agent, and
Director at Leading Tech Startup
2. Note, Not A Disclaimer
This presentation is not designed for
IP law practitioners or students
Rather it offers practical knowledge on
patents for business professionals
3. IP Alphabet Soup
Patents Trademarks
Inventions Distinguishing
marks
They Are All
Independent Entities!
Copyrights Trade Secrets
Tangible expressions Company secrets
4. Patent Right
âRight to excludeâ others from
- Making
- Using
- Selling
- Offering for sale
- Importing
the patented invention.
5. Jurisdiction
US Patent valid only in US etc.
There is nothing called âInternational Patentâ
⢠PCT and Paris Convention are procedures to
facilitate patent filing in different countries
Each country processes (examines) separately
May get patent in India, but not in US etc.
6. Obtaining Patent (Prosecution)
File invention description Patent Pending
with patent office Time ~ 3-4 Yrs
- Sets the date of invention Cost ~ upto Right
$10K vests
Patent office assesses it (for US patent) from
over prior art filing
Arguments/counter-arguments date
âŚ
Patent may be granted Patented
Validity: 20 Yrs
7. What Is Patentable
In principle: Process, Machine, Article, Composition, Plant.
Interpretations differ in different countries.
Abstract concepts, (laws of) nature
are out of scope everywhere.
Less Tangible Inventions âBilskiâ Case:
(Business processes, data Currently waiting for
analysis technique etc.) USA word from U.S.
Processes
More Tangible implemented Supreme Court,
Inventions (Machines, by software about clarification of
devices, substances, âtangibilityâ in U.S.
chemical processes,
engineered plants etc.) Others (with different
country-specific scopes)
8. What Is Patentable
Useful in practice
Implementable
Result need not be perfect
Working prototype need not be ready
Combination can be patentable even if individual
components are well known
Does not have to be ground breaking discovery
But needs to be novel and non-obvious over prior art
Should be able to convince patent examiner!
9. Practical Use of Patents
Assertion/Licensing
Likelihood
Credible Defense
Negotiating lever
Projecting good image
Self-satisfaction
10. Hard Realities of Assertion/Licensing
Having patent does not mean you can wield it
Your patent can be invalidated
Your opponent can counter-sue
Settlements (licensing) are hard to come through
Court remedy may be too rough to handle
From time, money, intensity and uncertainty perspective
You (small fish) may have to sign up âpatent trollâ
11. Countering Opponentâs Patents
Try to design around
Look for prior art (or other issues) which can
invalidate the patent
Maintain your patent or other instrument as counter
Assess if the opponent can really go for court
remedy
License if nothing of these work
12. How to Read Patent
Understand claims, claims are the only thing which
define scope of patent
There are independent claims and dependent claims
which depend from independent claim, e.g.,
Claim 23: âA process comprising steps A, B and C.â
Claim 24: âThe process of claim 23 further comprising step D.â
All processes which perform
A, B, C and possibly more steps Claim 23 scope
All processes which perform
A, B, C, D and possibly more Claim 24 scope
steps
13. What Causes Infringement
E.g., Claim 23: A, B, C
Infringement
Process with steps A, B, C, X, Y, Z on Claim 23
E.g., Claim 23: A, B, C
No Infringement
Process with steps A, B, _, X, Y, Z on Claim 23
Infringement on any one claim of
patent causes infringement on patent
14. Infringement vs Patentability
Example of distinction between the two:
âCandy with plastic wrapperâ
Patent X
Claims ⢠Product infringing on X
âbare candyâ ⢠Invention patentable over X
(assuming no other prior art)
Also note:
Infringement is on âclaims of patentâ in the
âsame jurisdictionâ
Patentability is to be analyzed with respect to âall
prior knowledgeâ available âworldwideâ
15. When You Have an Idea
Do prior art search to find out if idea is patentable
File as early as possible, dates are very important
If you need more time to decide, at least file provisional
application to get official date stamp
Do not disclose your idea to others until you at least file a
provisional application
US has one year grace period to file from public disclosure, but many
others (e.g., Europe) do not allow any public disclosure before filing
If you decide not to go for patent, make sure you have
strategy to prevent others from patenting
Find trustworthy counsel