Date post: | 29-Dec-2015 |
Category: |
Documents |
Upload: | russell-beasley |
View: | 221 times |
Download: | 1 times |
What is a Patent?
• Form of intellectual property
• Exclusive rights granted to an inventor for a limited time in exchange for the public disclosure of an invention.
Why?
• Gain perception of prestige, exclusivity
• Attract VC and other financing
• Increase bargain power in M&A
• First-to-file, first-to-invent• Monopolize production and
market• License to obtain royalties• Sell patents
How?Step 1: Search -www.google.com/patents/ -www.uspto.comStep 2: Discuss with a Patent AttorneyStep 3: File a provisional patentStep 4: File a Utility Patent within 1 yearStep 5: Start production and selling before the patent runs out!
Provisional vs. UtilityProvisional:
• Design incomplete• Early marketing stage• Issuance delay acceptable• Delay costs
Utility:
• Developed product• Known/Developed market• Prompt issuance desired• Resources available• Active Infringer
For Patent HoldersProvisional Patent
• Can patent the product before making it• Need to provide complete idea, figures/pictures • “The key is complete, logical disclosure of the invention and alternatives” • One year patent term• Low cost – Fill it out online or pay a patent lawyer • Get help from getmentoring.com
• Enforce the patent rights to exclude from producing or selling the product or technology
• “Sue competitor for infringement”• “Obtain an injunction to shut down
competitor”• “Have competitor’s goods impounded by
Customs”• “Obtain lost profits from
competitor/infringer”• Allege infringement by a competitor • Continue to innovate, publish, and file
application
Example : Google purchased more than 1,000 patents from IBM
For Competitors
• Patents are public documents: Obtain an overall view of competitive landscape
• “Box them in” – Design around patent
Obvious
• Find relevant prior art, invalidate a competitor’s patent in re-examination at USPTO, or in court proceeding
Time Expired• Follow procedures/pay maintenance
fees to keep the patent in force: Expired/lapsed patent is dedicated to the public
Geographic Limitations
• Patent rights have geographic limitations: make/use/sell invention in other countries