Part I – Pg. 3 – 57 Summary Abhinav Prathivadi April 25, 2010

Download Part I – Pg. 3 – 57 Summary Abhinav Prathivadi April 25, 2010

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<ul><li> Slide 1 </li> <li> Part I Pg. 3 57 Summary Abhinav Prathivadi April 25, 2010 </li> <li> Slide 2 </li> <li> Introduction Sometimes incremental improvements on existing technologies can be a patent by itself Companies regularly file patents to create a suite of IP tools as part of business strategy Patent should be claimed only after getting approved by the USPTO USPTO looks into patenting matters Is part of the Department of Commerce </li> <li> Slide 3 </li> <li> Patent Process Idea Reduce to Practice Building it and experimenting with it Patent application Patent Prosecution (USPTO) Issued Patent Patent enforcement </li> <li> Slide 4 </li> <li> Common Misconceptions About Patents Exclusive Right USPTOs goal is to promote the progress of science and the useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries Gives right to exclude others from using your patent NOt what you can do, but what other people cant do </li> <li> Slide 5 </li> <li> Common Misconceptions About Patents Most companies have a portfolio of patents to monitor infringement as opposed to using a single patent Trade secret gives you no legal right of protection whereas patents do Opportunity cost of revealing all information about a product Trade secret + patents companies should strive to strike a fine balance between the two </li> <li> Slide 6 </li> <li> IBMs open policy In 2006 IBM decided to adopt a open policy towards patents Opening more than 100 business method patents to public A combination of business and PR strategy to become synonymous with innovation IBM has thousands of patents and files patents regularly </li> <li> Slide 7 </li> <li> Other facts about Patents Patent is typically 5 years old when litigated Economic value of patent = market acceptance of the innovation Maturity date of patent depends on sector it is relevant to Statistically a high percentage of patents expire before the owners monetize or license it </li> <li> Slide 8 </li> <li> System of Patent Laws Based on the Constitution Patent Law (35 USC) Patent Rules (37 CFR) Manual of Patent Examining Procedure (MPEP) Types of Patents Utility (majority) Design Plant </li> <li> Slide 9 </li> <li> Dates regarding Patents Filing date Date of filing the application Publication date Date when USPTO publishes it in public domain Issue date Patent holders rights become effective Expiration date Usually 17 or 20 years Priority date </li> <li> Slide 10 </li> <li> More about patents Most countries law supports first-to-file, but the US supports first-to-conceive MPEP Chapter 2100 determines how a invention/idea can be deemed patentable Fundamental requirement for patent is usefulness Software and business method patents have changed the course of how people think about patents </li> <li> Slide 11 </li> <li> Types of Inventions Statutory categories of invention Process Software algorithms, etc. Machine Consisting of parts, combination of devices Manufacture Raw materials to new form/sape Composition of matters </li> <li> Slide 12 </li> <li> Conditions for Patentability Novelty Has to be new No single prior art reference Priority date Non-obviousness Should be easy to understand and incremental improvement (if any prior art found) Rejection based on obviousness usually subjective </li> <li> Slide 13 </li> <li> Case Study RCT vs Microsoft 2006 RCT claim that Microsoft infringed on its patent was proven false RCT was asked to pay Microsoft $8 million in attorney fees Judge indicated discrepancies in RCTs statements and the vagueness of the patent Everyone who invented the product sould be cited on the patent </li> </ul>