Patents and Introduction
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A introductory talk on patents presented at Duke University on Nov 30, 2012 for the Pratt Seminar Series.
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Patents and Introduction
- 1. Patents an Introduction Pratt Professional Masters Program Seminar Series November 30, 2012 Ruthie D. Lyle, PhD IBM Master Inventor Registered Patent Agent rlylecannon@gmail.com
- 2. The information provided in this presentation is for informational purposes only. This presentation does not serve as legal advisement or an interpretation of patent assets. For all concerns, please consult a licensed Intellectual Property Attorney or Patent Agent. 2
- 3. Overview • Why should you How care? • What is a patent? • How is patent protection • Why should enabled? corporations care about developing a What • How does a patent patent strategy? work? • How can inventive ideas Why impact the marketplace? 3
- 4. Patents – Enablement When were patent laws first considered in the United States? What agencies enables patent protection and govern patent laws? Interesting “Patent Firsts” 4
- 5. When? “.. To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; …” The Constitution of the USA Article 1 – The Legislative Branch Section 8 – Powers of Congress Signed April 10, 1790 by President George Washington Reference: http://www.usconstitution.net/xconst_A1Sec8.html 5
- 6. Enabling Patent Protection United Stated Patent and World Intellectual Property Trademark Office (USPTO) Organization (WIPO) “to encourage creative activity, to promote the protection of intellectual property throughout the world”. Specialized Agency of the United Nations created in 1967, for the express purpose of governing international laws that increase protection for intellectual property, for example the Patent Cooperation Treaty References: http://www.usptocareers.gov/Pages/WhyWork/About.aspx http://www.wipo.int/pct/en/texts/articles/atoc.htm 6
- 7. First Issued US Patent "Improvement, not known before such Discovery, in the making of Pot ash and Pearl ash by a new apparatus and Process“ The first patent issued in the United States to Samuel Hopkins of Pittsford, Vermont in 1790. Pot ash was used to make: soap, glass, etc; and was thought to be a key aspect of the emerging chemical industry in the nineteenth century. 7
- 8. African-American Leaders Incredible Americans References: http://americacomesalive.com/2012/02/08/sarah-e-goode-ca-1850-1909-inventor/ 8
- 9. Patents – Basic Nuts and Bolts What is a patent and how does it work? How can a comparison between a patent asset and real-estate asset be used to “get a feeling for” what protection a patent provides legally? 9
- 10. …exclude others from making, using, offering for Sale … References: http://www.uspto.gov/patents/ 10
- 11. General Patent Format Title List of Inventors Assignee References Cited Abstract Drawings Background/Summar y Description of Embodiments Claims 11
- 12. How Patents Work For a certain period of time patent-holders (sometimes the inventor themselves) are allowed to control how their inventions are used, potentially allowing them to reap financial rewards for their work. • An Inventor conceives a novel, useful, Conception non-obvious idea • Patent prosecution process is Prosecution successfully completed (US and/or PCT) Patent • Patent Issued Asset 12
- 13. Comparing to a Real Estate Asset Generally, in real estate a deed defines where the boundaries of a property begin and end. The owner of the property can choose to negotiate a compromise or easement with a potential trespasser. At a high-level patent claims defines the legal boundaries of what is protected in a patent. The owner of the patent can choose to negotiate a compromise such as a license or assignment with an infringer. 13
- 14. Patents – The Value Why is a fundamental knowledge of patent important to you? Why is a solid patent strategy important to companies? What can we learn from the recent patent wars we’ve read about in the news? 14
- 15. An Example, in the News … Reference: http://www.jdjournal.com/2012/07/24/apple-sues-samsung-over-its-android-technology-for-2-525-billion / 15
- 16. Potential Broader Impact Reference: http://www.jdjournal.com/2012/07/24/apple-sues-samsung-over-its-android-technology-for-2-525-billion/ http://www.apple.com/about/job-creation/ 16
- 17. Patent Assets Enable Freedom of Action Patent Assets Licensing and Assignment Cross- Opportunities Licensing Opportunities 17
- 18. Court Battles Go Way Back Reference: http://www.journalgazette.net/article/20121022/BIZ07/310229982/1234/biz07 18
- 19. Closing Thoughts Personal Opportunities A Neat Idea! Patent Research Tools and Resources Explorations on Your Own 19
- 20. Personal Opportunities Enhance your professional credentials Academic Tech Transfer and Start- ups Opportunities Corporate Employee Inventor Compensation Programs 20
- 21. Gorilla Glass – a “neat” idea! Reference http://www.corninggorillaglass.com 21
- 22. Research -Tools and Resources Patent and Patent Application Searches USPTO: http://www.uspto.gov/patents/process/search/index.jsp Google Patents: http://www.google.com/patents FreePatentsOnline: http://www.freepatentsonline.com/ Check Patent Application Status Public Pair: portal.uspto.gov/external/portal/pair (including PCT applications) Other Resources Reference: http://www.uspto.gov/patents/ 22
- 23. Exploration on Your Own 1. Practice using one or more patent search tools and locate patent number 8,170,872. Retrieve a PDF copy of the patent and complete a cursory review noting the format. 2. Considering the more recent Gorilla Glass and early Cabinet Bed patents, in the context of the capabilities of their time, reflect on the tremendous impact patents can have on the market place. 3. Read the online article, Apple’s patent war is old hat by Susan Decker and form your own opinion on the impact of patent litigation in light of US Constitution Article 1, Section 8. 23
- 24. Conclusion Reference: http://www.usptocareers.gov/Pages/WhyWork/About.aspx 24
- 25. 25
Hinweis der Redaktion
- Good afternoon, I am …I’m thrilled to be hear with you to talk about a topic that I’ve so very passionate about.I’m coming to you with my own experiences and when you can share your journey, it alwaysSeems interesting.Please hold your questions until the end of the presentation, so we can ensure that all the materialIs covered in the alotted time.
- What is a patent?How does it work?How is patent protection enabled?How can inventive ideas impact the market place?Career OpportunitiesExploration on your own
- The first US patent board (post constitution) consisted of Thomas Jefferson, Henry Knox and Edmund RandolphPatent Term is roughly 20 years (can be adjusted based on particular situations and type of patent sought)The key is you have a monopoly for the idea for a period of time.
- Wide variety of markets were impacted because of this idea.The patent grant you see reproduced above was the first one issued by the United States, to Samuel Hopkins of Pittsford, Vermont in 1790. Two other patents were granted that year: one for a special process of making candles and one for improved flour milling machinery. The Hopkins patent was for an "Improvement, not known before such Discovery, in the making of Pot ash and Pearl ash by a new apparatus and Process", and was granted for a term of fourteen years. The name potash refers to several potassium salts, mild alkalis, which were derived from the ashes of timber or other plants. It was also known in a caustic form when mixed with lime. In reacting with fats or oils, potash produced a soft soap. It was an essential ingredient in the manufacture of glass, alum (salts of aluminum--used chiefly in medicine), and saltpeter (an important ingredient in gun powder). Potash also played an important role in bleaching, mining, metallurgy, and other industrial interests. Its many applications served as an indication of the emerging chemical industry in the nineteenth century. In the summer of 1956, the Vermont Historic Sites Commission erected a marker at the former residence of Samuel Hopkins. The original patent granted to him still exists in the collections of the Chicago Historical Society.
- Civil war fought from 1861-1865 between the Union (North) and the confederacy.Key Takeaway a statement about the inventive spirit:1)identified a need, 2)think of a fix3)then pursued patent protectionHow did she get the knowledge to go forward? If she can do it given her experiences what about you?
- Answers the question, what are patent assets important to a company?At this point I’d like to remind you of the previous disclaimer. Our exchange today is moreto drive thought and reflection, and does not imply any interpretation or opinion of myselfOr my company (SMILE)
- “The secret of all effective originality in advertising is not the creation of newand tricky words and pictures, but one of putting familiar words and pictures into new relationships.” Leo Burnett, Pioneer American Advertising Executive 1891-1971
- What are you looking for?From PriorSmart.com (search for an inventor, Ruthie Lyle)Click on the buttons to the right to show how the site can interface to other sites easily.Compared sitesSearching for patent information is tricky for a number of reasons. First, different search engines provide different search capabilities. Some allow you to search for terms that are in close proximity. Some allow for complex combined, Boolean search logic (and, or, not). Some allow for wildcards so that you can generate a very expansive result list. In addition to all these search factors, there are differing options of searching through different fields. Some allow you to search through only certain fields at a time (title, abstract, specification, etc), while others allow you to combine the fields. This is why it’s difficult to come up with a list of “best of” list because they are all so different. Click on the links below to be redirected to the corresponding analysis below.http://trentostler.com/blog/the-best-of-free-patent-search/Boliven Canadian Patent DatabaseEsp@cenetFreePatentsOnline Google Patent SearchKIPRISPatent LensPatSnap.comPatentSurf.netSumoBrainUSPTOWIPO PATENTSCOPEBoliven
- We’ve talked about:What a patent is, and how it worksWe’ve considered a “real-world” example to explore the value and importance of patent assetsWe’ve talked about why you want would want to learn moreThank you for the opportunity to stop by and have a discussion with you. I’m passionate aboutthis topic and find it to be a treat to be able to give presentations on this topic.