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Transcript of Patents
use Your invention must
be functional or technical Must be new The Case for the abolition of Patents Are they sustainable? Knowledge is eternal, it is like the water that flows. It should not be stopped by the interest of few. For every new creation, innovation, design, etc., I am also accountable to all those who have contributed for my thinking and knowledge, both living and non-living things in the universe.
- Dr N. Sai Bhaskar Reddy, CEO(http://e-againstpatents.blogspot.co.uk) This way of thinking is not limited to just academics- A petition against software patents has received 13955 signatures (http://www.petitiononline.com/pasp01/petition.html ) How does Linux fit into things? How does Linux fit into things? How does Linux fit into things? How does Linux fit into things? How does Linux fit into things? How does Linux fit into things? 197!! Pro Cons If you come up with a good idea..why
shouldn't you make money from it? They allow controlled
release of products to ensure
consumers only have positive choice. They fund new products and keep
business' afloat. They stifle creativity. The wars are becoming petty
and unnecessary. Small companies with big ideas can
simply not afford the cost to buy/rent patents. How to apply for a patent So a patent covers me all around the world...
Right? You can either... Extend your patent. Apply to an individual
national patent office. Not quite Sometimes people do a mixture of the two You must be the legal owner of the invention You can apply online.
http://www.ipo.gov.uk/types/patent/p-os/p-apply-online.html A description
(including drawings) Claims An abstract You application needs. Fill in forms Submit a request for
search Send fees sheet 1 2 3 If you are not the inventor, there is more than 1 inventor or you are applying on behalf of a company, you must also send a statement of inventorship. A security check is performed You will then be informed of any
changes that are required. 4 5 6 What is a patent? Its a right granted by the government After the forms are received you have to wait for a receipt which has an application number. But what does it mean? Applicaton
against requirements Publishing your application. It makes it illegal for anybody to use or sell your invention
They are available so that inventors are more likely to invest and release an invention
They cover products or processes that contain new functional technical aspects Are there any exceptions of what is patentable? Well yes actually... Wait, what was that, no computer programs? Does that mean we cannot patent our software? Interesting
birthing apparatus Flatulence
Deodorizing Pad Wind Harnessing
Bike Slide to unlock When your application meets
the legal requirements,
the patent is granted,
published and you get a certificate.
(yay) Yes actually... All together it takes about 4 years Can it be sped up? Finally, the cost. Paper filing
£30 (application fee) for a preliminary examination
£150 for a search
£100 for a substantive examination
£20 (application fee) for a preliminary examination
£130 for a search
£80 for a substantive examination Patent Infringement Scope Using or selling Territorial Insurance Inventors Third Parties Must have something inventive about it It Changed My Life Patent Trolls What are patent trolls? Patent Trolls are corporations that own patents to inventions but have no plan to create content with the patent. Instead, they make money by suing other business' with inventions similar to their own Legally called "Non-practising entities", the term patent troll was coined by ex-Intel general counsel, Peter Detkins, whilst Intel being sued by such in 2001. The name caught on in the business world due to both the nature of the lawsuits having much in common with the general term trolling (to cause undue strife/annoyance for ones own entertainment and gain), and how people generally felt about such entities. As a group, they hide behind shell companies to hide their identities, and will sue for libal if their methods are critiqued, as such in the case of the "Patent Troll Tracker Trial", in which both a lawyer/blogger, and the company he worked for, CISCO, were taken to court for libel against a patent troll. Patent troll practices Patent trolls will do one of two practises to gain a patent, which will either be:
1) Come up with their own ideas that they think will be used in the future that can patent.
2) Buy patents from companies going bankrupt and being liquidated of assets. As patents are classed as assets they can be brought and sold freely. Patent lawsuits before reaching court can come up to costs of $1 Million. A full defense usually costs around $2.5M, making defending a very lengthy and expensive legal battle.
Because of this, it increases the incentive to settle out of court, due to a payout of $700,000~ to the troll is still less costly then the legal battle and much less time. Patent trolls usually target small to medium companies, and start-ups within the industry due to the lesser funds avalible, making a drawn out legal battle even less likely to take place
Because it is usually this size of business, it is not often reported within the news how widespread such patent lawsuits are happening. Microsoft
SurfCast In recent days, a small Non-Practising entity called SurfCast has sued Microsoft over infringing it's patent: "System and method for simultaenous displays of multiple imformation sources". They claim that the windows tile system for Windows 8 directly infringes upon their patent, and has taken legal action to prosecute Microsoft for such infringements.
Of course, Microsoft have their own patent: "Tile space user interface for mobile devices". Surfcast's main page displays claims to be in the business for developing Operating Systems. However, it is not a good sign when the first mention of any operating system is directly followed by a statement of how many patents they own (which is 6).
For those paying less attention/have a web browser open in front of them:
www.surfcast.com A quick look into the companies past shows that before it was touting it's prowess in tile based operating systems, it was claiming up till january of this year to be building an interface to revolutionise the way we see computers: "(SurfCast's) new type of interface is a complete departure from the browser 'page paradigm' and WIMP (Windows, Icons, Menus, Pointers). SurfCast makes concepts like 'browser', 'desktop', 'icon', 'history', and 'bookmark' obsolete"
This is of course, a bold statement for a company that has never released a product Effects on industry A recent report by a Boston University claims that patent trolls cost the high-tech industry $29 Billion (£18 Billion) in 2011 alone. The majority of those sued by such entities are either small or medium sized business's. The legal battles for such companies is therefore a lot more taxing on their limited resources. It also means that settling out of court chances increase, and much less publicity for those filing the lawsuits. Large corporations, like Google, Apple, Microsoft and Samsung in response to other business' and patent trolls try to create monopolies on patents relating to their lines of business as to dissuade lawsuits. However, this in turn creates problems between both the larger companies, and lessens the innovation in areas due to restraints on technology. Whats being done to solve the problem? As of August the 6th a bill has been forwarded to congress to make it that the losing party of patent lawsuits, where it is unlikely for the plaintiff to win, must pay both sides fees. This is in attempt of disincentive to stop patent trolls putting in lawsuits that are not likely to be successful.