Chapter 1: Introduction to Patents and Other Intellectual Property
How to differentiate between utility and design patents?
"Were the novel features added to make the device look better or work better?"
What does the quality of a patent usually depend on?
1. Clear description of how to make and use it 2. Reach of the patent is as broad as possible 3. "Sell" the advantages 4. How you talk to the patent office
Describe the life of an invention.
1. Patent application not yet filed. Keep as a trade secret 2. Patent pending. Usually lasts 1 to 3 years 3. In-force patent 20 years from issue date 4. Patent expired Now a prior-art reference forever
If the patent application is published (not yet issued), an inventor may obtain royalties from an infringer from the date of publication provided:
1. The application later issues as a patent 2. The infringer had actual notice of the published application
What are the novelty and nonobviousness requirements?
1. The invention must be different from what is already known to the public. 2. The invention would be new and unexpected, surprising, or produce superior results.
Effective June 2000, every initial utility patent is guaranteed an in-force period of at least _______ years.
17
How long can you use a patent to exclude others from using your invention?
17 to 18 years (with maintenance fees)
Utility and plant patents expire _____ years from the __________. Design patents last _____ years from the ____________.
20 years from the earliest date of filing a Regular Patent Application 15 years from the date of issuance
Every year since 2016, inventors have filed about ____________ patent applications in the PTO.
650,000
What is the relationship between trademarks and patents?
A trademark provides brand-name recognition to the product.
What is a trademark?
Any word or other symbol that is consistently attached to a product or its packaging to identify and distinguish it from others in the workplace.
Who can apply for a patent?
Anyone, as long as they are the inventor
What is 37 CFR 1.111?
Code of Federal Regulations relating to patents, trademarks, and copyrights - particularly patent rules.
How do you maintain a trade secret?
Common sense - no paperwork required.
When does copyright begin?
Copyright begins at the moment an original work is fixed in a tangible medium.
Why are arbitrary, fanciful, or coined terms stronger than descriptive marks?
Descriptive marks (RapidCompute) come close to words in common usage - rapid computing could be used to describe any computer.
Who said "The only thing that keeps us alive is our brilliance. The only way to protect our brilliance is patents."
Edwin Land, inventor and founder of Polaroid
Why should you file a patent application before publishing your invention?
Foreign countries don't have the one-year grace period and can sell your product before your patent is out.
What is the FITF law?
If anyone first discloses the relevant details of the invention to the public, then it is too late to file a valid patent application because it will be considered prior art.
"Under the America Invents Act, the first person to file a valid patent application with the USPTO will be granted the patent even if he may not have been the first to make a working version of a diagnostic machine." What else is under the AIA?
If you are a micro-entity, you'll be able to get a 75% reduction on most fees.
What doesn't qualify as a trademark?
Lengthy written material Slogans that are informational Trade names not being used as a trademark Deceptive or obscene matter Governmental emblems, personal names, or likenesses without consent Marks close enough to cause confusion Pure surnames or geographical designations Generic terms Descriptive words
How can patent rights be lost?
Maintenance fees aren't paid The patent fails to describe the invention Prior-art references are uncovered that show the patent wasn't new or different when it was made The patent owner engages in illegal conduct or fraud
Can computer programs be patented?
No, but they can be copyrighted
What do trade secrets protect?
Novel information that has commercial advantage and is not generally known. Must be kept secret.
Patents are used as _________ weapons.
Offensive
What are patents like?
Personal property. You can transfer them through sale, gift, will, or probate. You can license it to other people and organizations.
What fees are associated with the patent process?
Provisional filing fee (for a provisional patent application) Regular filing fee (has three parts: filing fee, search fee, and examination fee) Issue fee (to have the PTO issue your patent) Maintenance fee (before 4, 8, and 12 years)
What does RESAM stand for?
Record idea, Evaluate commercial potential, Search it, Apply for a patent, Market it
What types of trademarks are there?
Service mark (the letters NBC, the emblem of Blue Cross-Blue Shield) Certification mark (names used by certification groups like the Good Housekeeping Seal of Approval) Collective marks (the FDIC symbol indicates a bank is part of the FDIC)
How long does copyright last?
The life of the author plus 70 years.
What does copyright protect?
The work of authors and artists, such as the particular arrangement of words for a book. It is a "right to copy".
IBM has more than 113,000 patents. Why do organizations obtain large portfolios of patents?
To assert them as a defense against any company that charges the organization with patent infringement.
What is 35 USC 102?
United States Code Conditions for patentability. EX: you can't have a patent if someone else already made it before you.
What are the three types of patents?
Utility Patents (ex: Velcro, manufacturing processes, drugs) Design Patents (ex: a specific shape of lamp or computer icon). Plant Patents (Only plants that can be reproduced asexually)
When does an unfair competition exist?
When a business either a) represents its goods or services in a way that cause confusion or b) use the fruits of another business's labor or creativity (golf courses)
If you maintain an invention as a trade secret and put it into commercial use, you must
file any patent application within one year of the date you first used it commercially
What cannot be patented?
laws of nature, physical phenomena, and abstract ideas
