PATENT: February 2019

Sunday, February 17, 2019

Thursday, February 14, 2019

If you have a new, useful invention that is not obvious to others in the field of invention, you may qualify for a utility patent. Utility patents are grouped into five categories: a process, a machine, a manufacture, a composition of matter, or an improvement of an existing idea.

Often, an invention will fall into more than one of these categories. For instance, computer software can usually be described both as a process (the steps that it takes to make the computer do something) and as a machine (a device that takes information from an input device and moves it to an output device).

Regardless of the number of categories in which an invention falls, only one utility patent may be issued on it.

Among the many types of creative works that might qualify for a utility patent are biological inventions; new chemical formulas, processes, or procedures; computer hardware and peripherals; computer software; cosmetics; electrical inventions; electronic circuits; food inventions; housewares; machines; and magic tricks.

If you acquire a utility patent, you can stop others from making, using, selling and importing the invention. A utility patent lasts for 20 years from the date that the patent application is filed.

Learn more about Utility Patents.

Understanding Design Patents

If you create a new and original design that ornaments a manufactured device, you may qualify for a design patent. Design patents are outlined by 35 U.S. Code § 171.

A design patent is granted for product designs—for example, an IKEA chair, Keith Haring wallpaper, or a Manolo Blahnik shoe. You can even get a design patent for a computer screen icon.

There are strings attached to a design patent, however. The design must be ornamental or aesthetic; it cannot be functional. Once you acquire a design patent, you can stop others from making, using, selling and importing the design. You can enforce your design patent for only 14 years after it is issued.

Learn more about Design Patents.

Understanding Plant Patents

The least frequently issued type of patent are plant patents—granted for any novel, nonobvious, asexually reproducible plant. Plant patents are outlined by 35 U.S.C. 161.

Asexual reproduction is the propagation of a plant to multiply the plant without the use of genetic seeds to assure an exact genetic copy of the plant being reproduced. Any known method of asexual reproduction that renders a true genetic copy of the plant may be employed. This may include cultivating different types of plants to create mutants or hybrids and also newly found seedlings.

This patent protects the owner by keeping other individuals or businesses from creating the type of plant or profiting from the plant for at least 20 years from the date of the application.

Learn about Plant Patents.

PROCESS

STEP 1: INVENT

The inventing step is the first step in the entire patent process. If you don’t have an invention, then you don’t have anything to license or a product to sell.

STEP 2; HOW WILL YOU MONETIZE YOUR INVENTION – BUILD AND LAUNCH YOUR PRODUCT, LICENSE THE PATENT RIGHTS, OR BOTH?

Early on during the patent process, you should decide how you will monetize your invention because the strategy to protect your invention will change based on that decision. In general, you have two ways to monetize your invention:

Licensing the patent rights, and
Selling the inventive product.

You can pursue either one or both as you go through the patent process. However, the primary means by which you plan to monetize your invention will dictate the strategy that is right for you to protect your invention

STEP 3: PROTOTYPING AND MANUFACTURING (PROOF OF CONCEPT, ENGINEERING, DRAWINGS, 3D MODELING, MANUFACTURING)

Prototyping your invention is a good idea but not required by the patenting process, but it is a good idea both for the purposes of preparing a patent application and showing proof of concept. Unless the invention is very simple and guaranteed to work, I recommend that inventors go through the prototyping process.

STEP 4: BUSINESS PLAN AND MARKETING

The business plan is an internal document that shows inventors how they will make money on the invention. It also helps you when you pitch the idea to others. The business plan may include information on how you will market, manufacture and sell the idea, or it may have a list of potential licensees that you want to pitch the idea to.

STEP 5: CONDUCT A NOVELTY SEARCH – INFORMAL SEARCH; HIRING A SEARCH FIRM OR A PATENT ATTORNEY

A novelty search is an optional step in the patent process. They are sometimes referred to as a patentability search or a patent search. I prefer to use the term novelty search because it is more descriptive of what you can expect. It determines the novelty or newness or uniqueness of the idea, not whether it is eligible for patent protection (Section 101) or non-obvious considering the prior art (Section 103).

STEP 6: PREPARE AND FILE A PATENT APPLICATION (FORMS, SPECIFICATION WHICH INCLUDING THE WRITTEN DESCRIPTION AND DRAWINGS)

When you have a patent application prepared for filing with the USPTO, you are getting reading to get patent pending on your invention. When you file the patent application, you have formally entered the patent process within the USPTO. The patent application consists of governmental forms, a specification that teaches others how to make and use your invention and the governmental filing fee. The patent forms and the USPTO patent fees can be found at the United States patent and trademark office website. These are the documents you will need to apply for a patent.

STEP 7: MARKET YOUR IDEA

After securing patent pending status, you are now able to market and freely disclose your idea to others. Marketing your idea is also a part of the patent process because for many inventors, the way that the market receives the invention determines whether the additional future expense of examination is justifiable. Getting to patent pending is one of the high points in the patent process for inventors. Inventors are warned to keep their invention secret until they receive patent pending status. Inventors often feel relieved that they can now share their idea with their family and friends freely. Remember that this is only a feeling and you have a lot of work ahead of you in terms of building a business, and the patent still needs to be granted. I want you to have the proper perspective. Feel good about the patent pending status but be aware of the real work ahead of you.

STEP 8: EXAMINATION OF YOUR PATENT APPLICATION

If your patent application was filed without a prioritized examination request, then you will receive examination on a first-filed, first-served basis. A patent examiner at the USPTO will review your patent application. Examination will take place about one to three years after filing. If you requested prioritized examination, your patent application at least at this time will be examined in about 4 to 6 months after the filing of your nonprovisional patent application.

STEP 9: ISSUANCE OF YOUR PATENT APPLICATION AND CONTINUATION PRACTICE

When you receive a notice of allowance, you are about to potentially end the patent process at least with respect to the examination of your patent application. However, you could continue the patent process to broaden up your claims.

You now have a choice to:

Pay the issue fee and end the prosecution, or
Pay the issue fee, get your patent and file a continuing application.

STEP 10: MAINTENANCE FEES AND PATENT TERMS

The normal term of a patent is 20 years after filing of the earliest-filed nonprovisional patent application. In a broad sense, you will be in the patent process because you still need to maintain the patent and communicate with the Patent Office. After your patent is granted, you must pay three maintenance fees, one at 3 ½ years, 7 ½ years and 11 ½ years after the grant date of your patent. Otherwise, your patent will expire before its full term is up for failure to pay these required fee

STEP 11: BUILDING AN INTELLECTUAL PROPERTY PORTFOLIO

For many of my clients, after they find that the patent process has been beneficial to their business, they begin to understand the importance of securing their intellectual property. This means getting more patents, registering their trademarks and copyrights and also protecting their trade secrets

Wednesday, February 13, 2019

COMPARISON

TANGIBLE

A tangible asset is something which has physical existence and a certain economic value. These are the physical resources essential for conducting the business operations in a smooth manner and are not saleable. Some of the examples are :
Land & Buildings
Machinery
Furniture
Vehicles

INTANGIBLE

Intangible Assets are those which do not have physical existence but possess commercial value and act as a long-term resource to the firm. Some of the instances include:
Goodwill
Copyright
Patent
Trademark

ARTICLE REVIEW

Tittle : More Patent Trolls Are Targeting Startups. Here's What You Can Do.

Most entrepreneur are lack of knowledge about patent law. There only focus about their business, stuff and marketing. So there are vunerable to get troll by some of opportunist of people that doing cyber crime. So what we can do is Simply to be good citizens, startups can and should take measures to ensure that their patents will never be useful to trolls. Patent-fighting networks can help protect others against abuse of your patents while protecting you against use of theirs.

The key here is to leverage networks. Through collective information sharing, experiences and rights that the networks build, startups can tap into rich resources to get themselves toward a higher state of preparation for relatively low cost. Through a patchwork of these networks -- each offering their own layers of protection -- startups can build strong protective communities.

SOURCE

Nathaniel Borenstein, Guest Writer, April 10, 2018
https://www.entrepreneur.com/article/310648

PATENT