Introduce invention &
practice it
Patent It Yourself 15th edition, 2011, ISBN: 1413313825, 624 pages, PDF, 16,2 MB
1 grace @csie.ntut
Chen JingFung (Grace)
@csie.ntut.edu.tw 2012/03/01
chapter 1 &2, “Patent It Yourself: Your Step-by-Step Guide” 15th
outline
• 3 types of Patents
• Intellectual Property Guides
– Including patent law, case study…
• An invention lifecycle
• Invention lesson
• Invention practice
2 grace @csie.ntut
3 types of patents – utility patents
• Utility Patents:
– Consist of detailed description
– Claims that define the invention, drawings of the invention, formal paperwork, etc.
grace @csie.ntut 3
US7,351,265 covers Piaggio’s scooter-size hybrid technology US8,051,444: make a bridge
btw Ads & TV program
3 types of patents – design patents
grace @csie.ntut 4 D547,242:3-wheel design
• Design Patents:
– Consist primarily of drawings, along with formal paperwork …
Italian Scooter
D505,846: bottle opener
D517,789: footwear
Design Patents: Claim Construction Rules Lead to Summary Judgment of Non-Infringement
3 types of patents – plant patents
• Plant Patents: – Discovery in a cultivated area
– can be a asexually reproducible plants (grafts & cutting), sexually reproducible plants (pollination), monopolized under the Plant Variety Protection Act …
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No. 15,185
grafts & cutting
No. 15,103
Intellectual Property Guides
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• Protect a whole process from intangible to tangible
• ǂ: timing is crucial (1 year secret)
• *: obtain a government’s proof
Ref: HTC
know-how
Intellectual Property Guide – case study
• China‘s Proview (唯冠) escalates fight over iPad name to the next level: ‘worldwide rights’
• Proview are suing Apple for alleged fraud and unfair competition – to reclaim their
ownership after a 2009 sale of the name.
– the “IPAD” trademark
for $55,000
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ref: kitguru.net (2012/2/27) +chinamedia(2012/2/28)
Intellectual Property Guide: comparisons
Right Usage fee Advantage
Utility patent
Articles where the new features have a useful function
Apply: $3,800 ~ $15,000
Expire: 20 years from filing date
Design patent
The aesthetic shape or layout by artificial
Apply: $1,600 ~ 2,600
Lasts only 14 years, 1~3 years secure
Copyright ©
Writings, flat artwork, photos, maps, drawings, programs, prints, labels, movies …
Only small filing fee
A very long time ( life + 70 years or 95-120 years)
Nature Mountain, sea … 0
Trademark
™, ®
About $50 ~ $120
• Trademark can deny offensive right ‐ become
“generic” ‐ Ex. Xerox,
Aspirin grace @csie.ntut 8 Ref: howdoigetatrademark.com Patent fee: http://www.webpatent.com/costs.htm
Intellectual Property Guide – case study
trademark
• “Linsanity” both in China, and at the U.S. Patent and Trademark Office (jdsupra.com 2012/2/28)
grace @csie.ntut 9
Intellectual Property Guide:
Patent fees list
Utility patent Design patent
Plant patent
Application filing fee
H L M
Issued fee H L L
Maintenance fees after issue
Fee1 (3 years): L Fee2 (7 years): M Fee3(11 years): H
No No
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Intellectual Property Guide:
patent vs. copyright ©
• Computer programs are best example for both a patent & copyright protection
– Run “routines” (a series of numerical relationships)
• be covered under the copyright laws
– Composing a set of instructions that make a machine operate in a certain way (To affect some Hardware or process) • (1) is tied to a particular machine or apparatus, or
• (2) transforms an article into a different state or thing
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Intellectual Property Guide: Use a patent
• A Patent Can Be Used as an Offensive Weapon or as a Prior-Art Reference
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industrial applicability or industrial application is a patentability requirement
An invention lifecycle about a patent
Invention in our mind
Invention document
<- not apply
Patent pending <-
apply it
In-force patent <- issued it
Patent expired (20 years after filing date)
“Trade secret”: kept confidential
“prior-art reference”
• Maintain lawsuit for infringement
• In-force period: at least 17 years
• Patent & Trademark Office (PTO)
• Maintain lawsuit for infringement
• Start to pay the maintenance fees
13 grace @csie.ntut
Invention lesson (1)
• 73% of all inventions, have started new industries, are from individual inventors
– “Everything that can be invented has been invented”
• U.S. Patent Office Director urging President to abolish the Office in 1899
– Don’t say: no use going on with it because surely someone has invented it already
– Try to develop your invention be a readily sold
14 grace @csie.ntut
Ref: HTC
Invention lesson (2)
problem recognition & solution
• Most inventions are conceived by the following two-step procedure:
– (1) recognizing a problem <- 90%
• Run two-step process of identifying a problem & solving it – Find a problem: “To be an inventor is to perceive (feel) need.”
– Solve it: Try to make it cheaper, faster, bigger or smaller, etc.
– (2) fashioning a solution <- inspiration 10%
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Invention practice (1)
Intermittent Windshield Wipers
• Problem:
– In drizzles, the slowest speed of windshield wipers was unnecessarily fast, and merely slowing the wipers was unsatisfactory, since a slow sweep was annoying.
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Invention practice (2)
Intermittent Windshield Wipers
• Solution: – Provide a “drizzle” setting where the windshield wipers
made normally fast sweeps but paused after each sweep.
• Individual inventor – Dr. Kearns’s brilliantly ingenious solution earned him and
his estate over $50 million in royalties, after he sued Ford, Chrysler, and others, as documented in the movie, Flash of Genius (靈光乍現)
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HW 1
• Practice 2 steps of inventions
– find a problem
– Try to solve it
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Reference
grace @csie.ntut 19
• David Pressman, chapter 1 &2, “Patent It Yourself: Your Step-by-Step Guide” to Filing at the U.S. Patent Office, 2011, 15th edition, ISBN-10: 1413313825
• Flash of Genius Official Movie Trailer HD, http://www.youtube.com/watch?v=CSd1BS8E3RE
• Blog: http://fungsiong.blogspot.com/ • Agile for progressing:
http://fungsiong.blogspot.com/search/label/Agile
• China patent statistics http://news.cnyes.com/Content/20120229/KFINDD5EYQIBI.shtml?c=sh_stock
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