Patents 2209 L 14 Patents Copyright 2009 Joanne

  • Slides: 12
Download presentation
Patents 2/2/09 - L 14 Patents Copyright 2009 - Joanne De. Groat, ECE, OSU

Patents 2/2/09 - L 14 Patents Copyright 2009 - Joanne De. Groat, ECE, OSU 1

Overview o Patents n n What they are Why they are important The patent

Overview o Patents n n What they are Why they are important The patent attorney Patent infringment 2/2/09 - L 14 Patents Copyright 2009 - Joanne De. Groat, ECE, OSU 2

What they are (ASK. COM) o “What is a patent? A patent for an

What they are (ASK. COM) o “What is a patent? A patent for an invention is the grant of property rights to the inventor by the government. It is the right to exclude others from making, using, offering for sale, or selling the invention in the country in which the patent is filed. International treaty provides for patents to be recognized and protected in most countries, although enforcement often presents a major challenge. ” 2/2/09 - L 14 Patents Copyright 2009 - Joanne De. Groat, ECE, OSU 3

What can be patented? ? o o Patents are granted for the design of

What can be patented? ? o o Patents are granted for the design of an original invention. the plans for some sort of physical device, but increasingly in recent years to protect an original computer algorithm, such as Google's search results ranking techniques a business model, such as Priceline's "reverse auction" model for having consumers make an offer for services such as airline flights and hotel service and the providers then choosing whether or not to meet the price bid. 2/2/09 - L 14 Patents Copyright 2009 - Joanne De. Groat, ECE, OSU 4

Kinds of patents o The U. S. Patent and Trademark Office (USPTO) issues three

Kinds of patents o The U. S. Patent and Trademark Office (USPTO) issues three kinds of patents: utility patents, design patents and plant patents. n n Design Patent – granted to anyone who invents a new, original, and ornamental design for an article of manufacture Plant patent – granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant. 2/2/09 - L 14 Patents Copyright 2009 - Joanne De. Groat, ECE, OSU 5

Utility Patents o a process or method for producing a useful, concrete, and tangible

Utility Patents o a process or method for producing a useful, concrete, and tangible result (computer software, new e-business model, manufacturing process for item previously made by hand) o a machine (e. g. , something with moving parts or circuitry, such as an engine, a new kind of printer, etc. ) an article of manufacture (e. g. , garden tools, containers, a tire) a composition of matter (shampoo, soft drinks, a drug) an improvement of an invention in one of the above categories (These become derived patents) o o o 2/2/09 - L 14 Patents Copyright 2009 - Joanne De. Groat, ECE, OSU 6

Three Criteria o o o Useful Novel Nonobvious 2/2/09 - L 14 Patents Copyright

Three Criteria o o o Useful Novel Nonobvious 2/2/09 - L 14 Patents Copyright 2009 - Joanne De. Groat, ECE, OSU 7

Non patentable? ? o Some ideas are just not patentable!!! n n Anything naturally

Non patentable? ? o Some ideas are just not patentable!!! n n Anything naturally occurring Processes done entirely by human motor coordination such as an exercise routine o n n n But the design of exercise equipment would be, i. e. , a treadmill, a step climber, etc. Inventions only useful for illegal purposes Printed matter (covered by copyright) Non-operable inventions or inventions that violate physical laws such as perpetual motion machines 2/2/09 - L 14 Patents Copyright 2009 - Joanne De. Groat, ECE, OSU 8

The process of getting a patent o o o You don’t require an attorney

The process of getting a patent o o o You don’t require an attorney but …. Actually low cost - $80 Step 1 - Provisional Patent Application n Detailed description – several pages An informal drawing (or drawings) A one-page cover sheet 2/2/09 - L 14 Patents Copyright 2009 - Joanne De. Groat, ECE, OSU 9

Patent Applicaiton o A regular patent application requires the PPA info AND n n

Patent Applicaiton o A regular patent application requires the PPA info AND n n An abstract or summary Itemized list of patent claims **** Information Disclosure Statement (disclosure of all relevant prior related work known to you) Patent Application Declaration (a statement that you are the true inventor and have disclosed all information you know that would be relevant to the examination of the application) 2/2/09 - L 14 Patents Copyright 2009 - Joanne De. Groat, ECE, OSU 10

Filing and Examples o Once done the completed application can be filed by mail

Filing and Examples o Once done the completed application can be filed by mail or on-line o Free. Patents. Online. com n US 5272662 – Carry Multiplexed Adder (1993) o n Has 22 derived patents US 3685173 – CRAMPON (1917 - 1972) o 2/2/09 - L 14 Patents Has 13 derived patents Copyright 2009 - Joanne De. Groat, ECE, OSU 11

Looking ahead o More on patents to come n n You should check if

Looking ahead o More on patents to come n n You should check if there are existing patents that in any way impact the project you have chosen Should cover this in your proposal 2/2/09 - L 14 Patents Copyright 2009 - Joanne De. Groat, ECE, OSU 12