BME 480 test 1

Scientific Method

Observation, hypothesis, experiment and refinement

symbol that means trade marked and intending to register with USPTO

TM

what management style is: do what I tell you

Directive

which branch authorize the USPTO

Executive

do not of labbook

back date remove page white off filter, classify information

what 4 things does the specification/disclosure portion need

background of the invention that also presents prior art, summary of invention including existing problem and how invention solves it, detailed description of the invention, drawings with description of drawings

which type of claim gives the greatest protection and is harder to patent/prosecute

broad claim

statutory class: chemical compositions, also genetically altered plants, genes, animals

composition

what are the 5 statutory classes

composition, method, machine, article of manufacture, new use of one of the previous

authoship requires what three contributions

concept and design or aquisition or analysis and interpretation, drafting or revising, final approval

what are the two common standards of authoship

contribution and responsibility

usually the senior author, responsible for all communications wiht the editor and responding to post publication queries. has to have a stable association with home institution

corresponding author

what is the difference between independent and dependent claim

dependent claim relies on a previous claim

patent type:invention of a unique ornamentak or esthetic (not functional) shape

design

proper means of trade secret discovery includes:

independent invention, revers engineering, license, published literature

what are trade secrets

information that has econmic value derived from others not knowing, and is subject of efforts to maintain its secrecy

Definition: invention implemented in a product, marketable

innovation

strong manufacturing promotes _________

innovation

technology push

invent, implement, identify

your detailed description of your invention will likely include what 3 things

invention embodiment/ preferred embodiment, working examples, prophetic examples

what are 4 examples of intellectual property

inventions, business method, unique name, logos, operating procedures

idea accompanied by an enabling description, patentable

invetion

what are the typical research and development tasks (4)

keep good notebook, prepare invention disclosure form, work with IP counsel, write experimental section

how to maintain trade secrets (2 thing)

keep on need to know basis, inform employees that information is secret

methods of documentation

labbook

statutory class: devices or things for accomplishing a task also software machine, as in means to perform a process

machine

what management style is: personal development

mentoring

statutory class: more than mental manipulations, conventional: manual or machine note - medical practitioners exempt from infringing any patent on medical procedure software, internet business method

method(process)

which type of claim is easier to prosecute and offers minimum protection

narrow claim

statutory class

nonobvious use of a know invention

which utility requirement is defined as showing any aspect that is different in any way from all prior art

novelty

what 6 things does the title page need

number and publication date, title of invention, investors, assignee, filing date, priority date

what is the 4 piece structure of a claim

number, preamble, transitional phase, claim body

how a need is found

observation

observations lead to

observation perspective, observation methods, methods of documentation

what management style is: ill do it myself

pacesetting

what management style is: everyone has input

participative

what tense are working examples in. what tense are prophetic examples in

past.present

government grant of rights to exclude others from practicing the invention

patent

requires full disclosure, meaning inventors must teach the public how to make it, use it

patent

patent vs trade secret

patent : 20 yrs, fees included, personal property, information is disclosed, enforced by federal courts trade secret: forever, no filing cost/maintenance cost, can be reverse engineered, enforced by states(mostly)

patent attorney or patent agent: limited scoped of services and experience, prosecution only 100-300/hr

patent agent

patent attorney or patent agent: partners with large law firm - prosecution, litigation, licensing, broad range of technologies 550-650/hr partner with small firm - prosecution, specific technology areas, 350-500/hr

patent attorney

what happens in a continuation on part (CIP)

patent not issued yet, added material to specifications, parent claim retain original priority date, added claims have new priority date

what happens in a continuation patent application

patent not issued yet, additional claims added, same specifications and priority date

what are the 4 basic forms of intellectual property

patents, trade secrets, trademarks, copyrights

how can i quicken the time from filing to decision for a patent. how long is the time

pay extra fee for prioritized examination program. 6 months

patent type: asexually reproduced plants, by cutting and grafts

plant

definition: state of knowledge existing or publicly available prior to the date of you invention/filling date

prior art

what is the original filing date

priority date

a trade mark is a form of what

property

definition: applicant - patent office interaction, related to patent application and maintenance

prosecution

observation methods

read, ask,watch, work

who handles patent appeals

united states court of appeals for the federal circuit, washington dc (then the supreme court)

what happens in a divisional application

unity of invention is challenged, splits an existing application, retains priority date

what is deemed not useful by law

unsafe new drugs, whimsical invention, only for illegal purposes, immoral inventions, non-operable inventions, nuclear weapons, theoretical phenomena, esthetic purpose

patent type: inventions concerned with unique funtion

utility

what are the tree types of patents

utility, design, plant

what is the paris convention

within countries in pairs convention, you have 12 months from date of filing to file patents in ant other member country and claim the priority date of your original filing

does a trade mark require registration in USPTO

yes

Who can be prosecution (3)

you(DIY), Patent agent, patent attorney

how long until uptso publishes patent application (whether patent is granted or not)

18 months

what is the avg time from filing to decision for a patent

2 years 9 months

what happens in a standard patent application

20 yr protection, possible adjustment for administrative delays, 14 yr for design patent,

a scientist will

hypothesize, explain, discover

a general description of a solution to the problem, notebook-worthy

idea

what 2 efforts are need to maintain a trademark

identify as trademark, prevent dilution

dos of lab notebook

identify the notebook use bound, numbered pages, date and sign, have witness date and sign, paste added material, cross black pages, keep table of content current

symbol that means trade marked and registered with USPTO

(R)

Engineering Process

Identify the need, invent solution, implement, repeat

what are the three I's of transnational biomedical engineering

Identify, invent, implement

what 2 parties make up an IP counsel

Prosecution, letigation

what is the patent cooperation treaty of 1970

administered by world intellectual property organization. it handles international patent applications

what management style is: people first, harmony

affiliative

what are the standard rule of brain storming

all included, no limiting assumption, generate large number of ideas, no judgment, criticism, discussion, merge and modify ideas

what are three characteristics of an intellectual property

any product of the human mind, has value in the market place, can be reduced to tangible form

define solution by

applied technology

what happend in a reissue

applies to an issued and defective patent, the owner surrender patent, refile application

statutory class: items made by human hand or machines relatively simple, no working parts as a primary function

article of manufacture

what management style is: visionary

authoritative

which author is the major role in generating data, interpretation, writing first draft

first author

an engineer will

design, build, invent

define need by

desired outcome

the enabling mode and the best mode is diclosed in what section

detailed description of the invention

anatomy & physiology pathophysiology clinical presentation clincal outcomes epidemiology economic impact

disease fundamentals

what happens in the provisional patent application

establish filing date/possibly priority date, enables "patent pending" designation, limit 12 months

what happens in the second phase (national)

filing all docs seperately with each designated state translation if necessary 30 month time limit actual patents issued

what happens in the first phase(international) of international patent protection

filing in one language in a patent office of a member state, at least one applicant must be a national of the member state, patent protection pending, must be publised in 18 months, valid application will have the same PCT filing date in all member states

who is first in a debate over patent originality

first to file

what three components make biomedical engineering challenging

regulatory protections, medical product, stakeholders' interest

which author principal investigation, group leader, lab director. major in decided on co authors, assume responsibility for the entire body work, coordinate logistics of the paper preparation

senior author

a trade mark can include

sign, design, phrase

who enforces trade secrets

states (unless you infringe on enumerated power)

what are the 4 requirements of a utility patent

statutory class, utility, novelty, nonobviousness

what happened is trade mark is not maintained

subject to dilution or abandonment

observation perspective from three types of people

the patient, the provider, the payer

what two things are illegal when it comes to trade secrets

theft if trade secret to benefit foreign power, theft of trade secret for commercial purpose

improper means of trade secret discovery includes:

theft, bribery, misrepresentation, breach of duty, espionage

what 3 main things go into a utility patent

title page, specification or disclosure, claims

behavioral/lifestyle modifactions pharmacologic/biologic radiation minimally invasive treatments open surgery

treatment options