Intellectual Property Right: Patents

An inventor from "Country A" who wants patent protection for a product made or sold in a foreign country ("Country B" ) must apply for and receive patent protection in country _____.

B

example of plant patent

Monsanto Inc. genetically modified seeds (higher yield, requires less pesticides) are patented

To be novel, prior to the date the inventor made the invention, the invention must NOT have

been known or use by others in the US OR been described in a printed publication anywhere in the world

compositions of matter than can be patented

chemical compositions - includes mixtures and new chemical compounds

patent and software example

-MICROSOFT LIABLE for Patent Infringement IN THE UNITED STATES when code was incorporated Into computers MADE or SOLD IN THE U.S. -MICROSOFT NOT LIABLE for Patent Infringement when code was incorporated into computers MADE or SOLD In FOREIGN COUNTRIES

First-Inventor-To-File Receives Patent Protection as of DATE OF FILING for

20 years - invention and plants 15 years - design

what is a patent?

A property right granted by the U.S. government that gives an inventor the "right to exclude others from making, using, offering for sale, or selling" the invention in the United States or "importing" the invention

what can you patent?

Any person who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent."

invention must serve a useful purpose to receive utility patent

If a machine has been designed to perform a task, the machine must actually be able to perform that task to be deemed "useful

what is patent infringement?

The tort of patent infringement occurs if another makes, uses, or sells -whole or part of another patented design or product -the entirety of another patented process -without the patent owners permission

Scientist created a product and claimed in the patent application that the product could "restore hair growth." When tested, the product improved hair growth by 25%. Would the patent examiners (USPTO) likely grant the patent?

Yes, the patent examiners would likely GRANT the patent.

process that can be patented

any process, act, or method that primarily includes industrial or technical process

first investor to file (FITF) - protection beings on _________ patent application

date of filing

conditions for obtaining a design patent

design must be -An ornamental design embodied into or applied to an article of manufacture; -Novel (new) - see previous slides; -Non-Obvious (in light of prior discoveries)

U.S. Patent Law (Title 35 of U.S.C.) governs patents on inventions made and/or sold _________.

in the US

design patents may be granted to anyone who

invents a new, original, configuration, shape, or ornamental design for an article of manufacture.

plant patents may be granted to anyone who

invents or discovers and asexually reproduces any distinct and new variety of plant.

what cannot be patented?

laws of nature, physical phenomenon, abstract ideas, mere ideas or suggestions

what are utility patents?

may be granted to anyone who invents or discovers any new or useful process, machine, article of manufacture, composition of matter (iPod)

An inventor created a "perpetual motion machine" which inventor argued could defy law of thermodynamics and produce energy output greater than energy input. When tested, the machine could not could not live up to this claim. Would the patent examiners (USPTO) likely grant the patent?

no

After Kaan invented his widget on Jan. 1, 2015. He published a paper on his widget in a scientific journal on March 1, 2015. Thereafter, he gave public demonstrations and published additional papers on a regular basis. Kaan was so busy promoting his widget, however, that he did not file a patent application for his widget until July 1, 2016. Will the USPTO grant Kaan's patent application?

nope

the inventor has _________ to apply for a patent (novelty) from the date the invention is first described in publication, used publicly, or place in a safe

one year

You can _______ practically anything that is human-made and the process for making the product

patent

just as an item can have multiple trademarks - single item can be granted multiple ________

patents

after term expiration of patent protection the patent passes into the _________ domain

public

what laws/statutes govern patents?

statutes in title 35 of the US code

Subject matter sought to be patented must be ______________ from what has been previously used or described, such that it would have been "nonobvious" to a person of ordinary skill in the area of expertise related to the invention.

sufficiently different

to be patentable, an invention must be....

useful, novel (new), and non obvious

_______ patents are the most common

utility

what are the three types of patents?

utility, design, and plant patents

Kaan invented a widget on Jan 1, 2015. This widget had never before been written about anywhere in the world, nor had anyone in the U.S. ever heard of such a thing. However, a small Amazon tribe deep in the jungle had invented and used a widget for over a thousand years. Does Kaan's widget meet the U.S. patent test for "novel/novelty" so that he may potentially patent his widget in the U.S.?

yes