Patenting Devices Abhishek Mitra Patent Something open to
Patenting Devices Abhishek Mitra
Patent Something open to public review and protection thereof. u US patent and trade mark office. u Design patents – new and original ornamental design. Initial letter D. u Plant patents – discovery of a new variety of plant. e. g. A peach tree. Initial letter P. u Utility patents – new and useful process, machine or composition of matter. e. g. A chemical manufacturing process. u Protect inventions and improvements to existing inventions. u
What my not be Patented Laws of nature u Physical phenomena u Abstract ideas u Literary, dramatic, musical, and artistic works (these can be Copyright protected). u Inventions which are: u n n Not useful (such as perpetual motion machines); or Offensive to public morality
Some Facts In 1998 240, 090 Applications for patent were filed out of which 154, 647 were issued. u 55% Were granted to US citizens, rest to foreign residents. u Some Organizations with a high patent counts in 1998 include IBM(2657), Canon(1928), Sony(1316), Samsung(1304). u
Requisites Novelty – Must not have been known or used by someone. u Utility – Invention must have some useful purpose. u Non Obviousness – Difference between the subject and prior art should be substantial. u Nonobvious to a person having ordinary skill in the area of technology related to the invention. u Obvious Stuff - Long Felt, unresolved issues, failure of others. u
How to Apply Only the inventor may apply for a patent u If two or more persons make an invention jointly, they apply for a patent as joint inventors u Application for a patent for Patents includes: u n n n A written document which comprises a specification (description and claims), and an oath or declaration A drawing in those cases in which a drawing is necessary The filing fee, basic fee to present 20 claims.
Searching u www. uspto. gov/main/patents. htm u www. delphion. org (accurate searches) u www. Google. com u Search by patent number u Advanced search n n n E. G. “Digital and wireless and modem” All images in tiff format Full text shows all claims
Utility Patent Transmittal letter - name of the applicant, type of application, title of the invention, the contents. u Application data sheet. u Specification - written description of the invention, computer program listings. u Title of invention - up to 500 characters. u Drawing Requirements - black ink, color (rare) u
Utility Patents Cross-reference to related applications u Reference to sequence listing, a table, or a computer program u Background of the invention - field of endeavor, prior art etc u Brief summary of the invention u Claim or claims - point out and distinctly claim the subject matter u Drawings (when necessary) understanding of the subject u Oath or declaration – signed by inventors u
EFS Electronic Filing System for submitting patents. u Only Utility Patents u It includes u n n n authoring tools in XML format e. PAVE (electronic packaging and validation engine) to assemble and transmit to USPTO over the Internet digital certificate to secure the transmission
Some Examples u Patent No n n 6056868 – Erbium doped porous Silicon LEDs, resulting in enhancement of luminescence. (Hong Kong Baptist Univ. ) 6237846 - Body wearable keyboard (SONY) 6377825 - Hands-free wireless communication in a vehicle. Cellport Systems 6044046 – CD with a built in Chip. Giesecke & Devrient Gmb. H
Patent No 6, 151, 355, Data. Radio Inc Wireless modem A modem unit, typically a wireless modem unit, has a bidirectional digital data port, a modem, a transceiver, and a microcontroller programmed to control the unit according to a control program. u The microcontroller controls switches which determine the routing of data between the port, the modem and the microcontroller. u
Claims Modem unit, u Bidirectional serial digital data port, u Transceiver, u Converting to analog signals for modulating a transmitter, u Receiving and demodulating analog signals from a receiver u Switches connected between the port, the modem and the microcontroller u Digital data to be transmitted from the microcontroller and/or the port u
Patent No 5, 748, 214 Seiko Epson u Accompanying Patent 5, 818, 472 : Ink jet recording apparatus u Ink jet recording head with sequential lamination of: n n A resilient plate having piezoelectric elements A pressure producing chamber forming plate
Patent No 5, 748, 214 Seiko Epson A seal plate an other surface of the pressure plate u A plurality of ink supply communication paths, each with a selected pressure producing chamber u A reservoir chamber through the ink supply u The pressure producing chambers in one array are staggered with respect to the chambers in the other array u
• The head unit • 2 Actuator • 11 seal plate • 12 pressure producing chamber forming plate 16 Lower electrodes • 15 Pressure producing chambers • 17 Piezoelectric vibration elements • 5 Flexible printed board (FPC) • 19 connecting terminals • 22 ink supply 22 • 25 reservoir chamber • 30 St. Steel nozzle plate
Patents and Legalities Gives inventor the right to mark the product. u Legal warning to infringer. u Can be used as an asset, (e. g. license after negotiating terms / bargaining) u Infringement – when a person or entity makes, uses or sells without knowledge of patentee. u Finally, claims are enforceable, get them right. u
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