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Cari Nelson

on 7 November 2012

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Transcript of Patents

A Simplified Overview Patents UTILITY PATENT Eolas Vs. Microsoft Issued for the invention of a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement. It generally permits its owner to exclude others from making, using, or selling the invention for a period of up to twenty years from the date of patent application filing, subject to the payment of maintenance fees. A company called Eolas held a software patent on webbrowser pluggins and Microsoft infringed on that patent creating a similar form of their patented softwar. Microsoft lost the case in 2003 and was ordered to pay $521 million; in 2004 they appealed but lost. After the case in 2003 the United States Patent and Trademark Office (USPTO) was asked to re-examine the validity of Eolas' Patant. In the early stages of the re-examination the patent was found to be invalid, but in the final decision in 2005 it was found to be valid. In 2009 Eolas announced they were suing Google, Apple and 21 other large companies based on this patent plus a new one (The Wireless Networking Patent). FACT: Approximately 90% of the patent documents issued in recent years have been utility patents. 1. Utility Patents
2. Design Patent
3. Plant Patent 1.Reissue Patent Most Common Other Patents TYPES OF PATENTS Procedures of Obtaining
a Patent What can be patented? U.S. HISTORY OF
PATENT LAW Proposed in 1787 by James Madison and Charles Cotesworth Pinckney
The first patent Act of U.S. Congress on April 10, 1790; "An Act to promote the progress of useful Arts"
Law required that a working model of each invention be submitted with the application
Revised patent law in 1793 rate of patents coming in were burdening the Secretary of State
Created a serperate patent office within the state dept. appointed Dr. William Thorton as superintendent in May 1802
Patent office moved to the Blodgett's Hotel
In 1870, congress passed "an Act to revise, consolidate, and amend the statutes relating to patents and copyrights
From 2005-2009, Patent Reform Act Step 1 : Make a complete and detailed proposal that includes a specific description of the design or invention to be patented. This proposal should be written on 8 and 1/2-by-11-inch pieces of paper, and should be written in English.

Step 2 : Prepare an oath or a declaration stating that yours is an original design, and does not infringe upon any other existing patent. This is your word of honor that the idea being presented is a creation of your own.

Step 3 : Submit the proposal, along with the oath and declaration, to the director of the USPTO, which can be done online or at any USPTO office. Make sure that the proposal is clear enough that copies of the documents can be easily read. Step 4 : Pay all required filing, search, and examination fees at the time you submit your proposal.

Step 5 : Expediently rectify any objections or modifications presented by the USPTO during the granting process. Only very few ideas gets through without any scrutiny.

Step 6 : You have to maintain your patent after it is granted to you. Therefore, it is imperative that you pay all maintenance fees once you are granted a patent.

Step 7 : Extend your patent by renewing it before the expiration date. Most patents last for 20 years, with the exception of design patents, which last for 14 years. 1.A new form of patent that historically has been considered not patentable is computer software patents. Only in the past two decades have patents been awarded for computer software.
2.Software is automatically covered by copyright.
i.A patent on the other hand gives stronger restrictive power. How?
ii.Copyright software protect only the actual code, in its original format
iii.Patented code protects the entire function/method/idea; not just the format
iv.Preventing others from producing similar code New Forms of Patents Continued QUESTIONS?????? . Lot of questions arise over various products/inventions about if it can or cannot be patented. Almost anything can be patented! *Basically there are 4 main categories.
1. Machine - a functional item that consists of parts that interact. Generally it has moving parts. (Sewing machine, steam engines).
2. Manufacture - an object that might lack moving parts, yet provides a function. (A shovel, hammers). Which lacks moving parts but its shape allows it to performs a function.
3. Composition of matter - a combination of 2 or more chemicals/ingredients. (A hair care product, cleaning product, for example a drug or soap).
4. Process (or method) - a set of steps for doing something. This traditionally has been used to protect methods of manufacturing, but more recently is the category used to include business methods and computer software. (Business procedures, Amazon.com) DESIGN PATENT Issue for a new,original,and ornamental design for an article of manufacture, it permits its owner to exclude others from making, using, or selling the design for a period of fourteen years from the date of patent grant. PLANT PATENTS Issued for a new and distinct, invented or discovered asexually reproduced plant including cultivated sports, mutants, hybrids, and newly found seedlings. It permits its owner to exclude others from making, using, or selling the plant for a period of up to twenty years from the date of patent application filing. What cannot be patented? *Laws of nature, physical phenomena, and abstract ideas. These categories are excluded subject matter from the scope of patents. If your invention is a product of nature it falls under the excluded subject matter. However, if your invention does not occur naturally and can only exist through some work on your part, you may be able to get a patent. ~ You cannot patent a species of mice that you find running around in your lab.
~ You can patent a genetically engineered mouse that you designed for use in Cancer research.
~ You cannot patent a combination of bacteria with beneficial preperties if that combination occurs somewhere in nature.
~ You can patent a species of bacteria that you genetically alter to solve a common problem if that form does not occur naturally.
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