Library Start Your Business: Draft a Patent Application
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Patents and the Public Domain: Improving Patent Quality Upon Reexamination
Patents and the Public Domain: Improving Patent Quality Upon Reexamination Prepared by Policy Intern Raeanne Young [email protected] May 2008 ELECTRONIC FRONTIER FOUNDATION eff.org Table of Contents EXECUTIVE SUMMARY ........................................................................................................................3 PATENTS AND THE PUBLIC DOMAIN .....................................................................................................4 The Problem With Patent Quality ..................................................................................................4 Policy Rationale: Encouraging Innovation .......................................................................................4 PATENT REEXAMINATION ...................................................................................................................6 Ex parte and Inter partes .............................................................................................................6 OVERALL REEXAMINATION TRENDS ......................................................................................................8 Ex Parte Reexamination Filing Data: July , 98 - December 3, 2007 ...............................................8 Inter Partes Reexamination Filing Data: November 29, 999 - December 3, 2007 .............................0 Comparison of Ex Parte and Inter Partes ......................................................................................0 PROMOTING FAIRNESS IN THE PATENT SYSTEM THROUGH REEXAMINATION .............................................2 -
Structure and Function of the Patent Specification August 2014
Structure and Function of the Patent Specification August 2014 Structure and Function of the Patent Specification The structure of a patent specification is described below, with some explanations of underlying patent law concepts that the specification is designed to address. At the end of this note is a section which guides applicants in checking a specification that we prepare on their behalf. General Purpose The purpose of the patent specification is to fulfil the patentee’s part in the contract that a patent constitutes. In return for a full disclosure of the invention, the patentee can have a time-limited monopoly for the invention. During that time, the patentee has the right to stop others working the invention without permission. The monopoly generally lasts for twenty years, although annual renewal fees are usually payable. After the patent expires, the invention enters the public domain and cannot be patented again. A patent is enforced if necessary against infringers by action brought before the court. A patent specification is a legal document. Third parties and the court must be able to understand it, so that the limits of the protection it affords can be determined precisely. Structure of the specification • A patent specification normally has the following parts in the order given: • A title to identify the invention. • A statement as to the field to which the invention relates. • An explanation of the background “state of the art” – what was already known prior to the invention. • A statement of an objective technical problem which the invention seeks to solve, or an objective the invention is aimed at achieving. -
Evergreening" Metaphor in Intellectual Property Scholarship
University of Missouri School of Law Scholarship Repository Faculty Publications Faculty Scholarship 2019 The "Evergreening" Metaphor in Intellectual Property Scholarship Erika Lietzan University of Missouri School of Law, [email protected] Follow this and additional works at: https://scholarship.law.missouri.edu/facpubs Part of the Food and Drug Law Commons, Intellectual Property Law Commons, and the Science and Technology Law Commons Recommended Citation Erika Lietzan, The "Evergreening" Metaphor in Intellectual Property Scholarship, 53 Akron Law Review 805 (2019). Available at: https://scholarship.law.missouri.edu/facpubs/984 This Article is brought to you for free and open access by the Faculty Scholarship at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. DATE DOWNLOADED: Wed Jan 20 13:42:00 2021 SOURCE: Content Downloaded from HeinOnline Citations: Bluebook 21st ed. Erika Lietzan, The "Evergreening" Metaphor in Intellectual Property Scholarship, 53 AKRON L. REV. 805 (2019). ALWD 6th ed. Lietzan, E. ., The "evergreening" metaphor in intellectual property scholarship, 53(4) Akron L. Rev. 805 (2019). APA 7th ed. Lietzan, E. (2019). The "evergreening" metaphor in intellectual property scholarship. Akron Law Review, 53(4), 805-872. Chicago 7th ed. Erika Lietzan, "The "Evergreening" Metaphor in Intellectual Property Scholarship," Akron Law Review 53, no. 4 (2019): 805-872 McGill Guide 9th ed. Erika Lietzan, "The "Evergreening" Metaphor in Intellectual Property Scholarship" (2019) 53:4 Akron L Rev 805. AGLC 4th ed. Erika Lietzan, 'The "Evergreening" Metaphor in Intellectual Property Scholarship' (2019) 53(4) Akron Law Review 805. -
( 12 ) United States Patent
US010092706B2 (12 ) United States Patent ( 10 ) Patent No. : US 10 , 092 ,706 B2 Denzer et al. (45 ) Date of Patent : Oct. 9 , 2018 ( 54 ) AUTOINJECTOR APPARATUS (58 ) Field of Classification Search CPC . .. A61M 5 /50 ; A61M 5 /20 ; A61M 2205 / 121 ; (75 ) Inventors : Michael Denzer, Ringoes , NJ (US ) ; A61M 2205 / 123 ; A61M 5 / 3271 ; Robert W . Swift , Fillmore , CA (US ) ; (Continued ) Neal D . Johnston , Dallas , TX (US ) ; Gabriele Ganzitti , Milan (IT ) ; ( 56 ) References Cited Kenneth R . Ewing , Fremont, CA (US ) ; Suhas Krishna , Simi Valley, CA (US ) U . S . PATENT DOCUMENTS 2 ,701 , 566 A 2 / 1950 Krug (73 ) Assignee : AMGEN INC ., Thousand Oaks , CA 2 , 565 ,081 A 8 / 1951 Maynes (US ) (Continued ) ( * ) Notice : Subject to any disclaimer, the term of this patent is extended or adjusted under 35 FOREIGN PATENT DOCUMENTS U . S . C . 154 ( b ) by 594 days . AU | 2009249027 B2 8 / 2014 CA 2074565 C 2 / 2000 (21 ) Appl. No. : 14 /112 ,479 (Continued ) (22 ) PCT Filed : Apr. 20 , 2012 OTHER PUBLICATIONS ( 86 ) PCT No. : PCT/ US2012 / 034535 “ Final Office Action , dated Apr. 20 , 2015 , issued in related Japanese $ 371 (c ) ( 1 ) , Patent Application No. JP 2014 - 021052 ( counterpart to related U . S . ( 2 ) , ( 4 ) Date : Sep . 17, 2014 Appl. No . 12 /993 , 163 ) ” . (Continued ) (87 ) PCT Pub. No. : W02012/ 145685 Primary Examiner — Bradley J Osinski PCT Pub . Date : Oct. 26 , 2012 (74 ) Attorney, Agent, or Firm — Marshall, Gerstein & Borun LLP (65 ) Prior Publication Data US 2015 / 0045729 A1 Feb . 12 , 2015 (57 ) ABSTRACT An autoinjector apparatus is disclosed which comprises a Related U . S . Application Data single - use cassette and an autoinjector. -
Preparation and Filing of a Provisional Patent Application I
i Preparation and Filing of a Provisional Patent Application Introduction A provisional application is a means for inventors to easily, quickly and inexpensively obtain “patent pending” status and establish a priority date in the United States Patent and Trademark Office. The provisional application has a one year term. Prior to the expiration of the provisional, a regular utility patent application must be filed which claims priority to the earlier filing date of the provisional. The provisional application is usually less expensive since all of the formal requirements that are needed for a regular utility patent application are not required. In addition, there is no requirement to include write “claims” for the invention. While the claims are important to ultimately define the scope of the invention, preparation of valid claims can be the most difficult section for the lay person to prepare. To the untrained eye, the claims sometimes appear to include highly technical jargon written in a foreign language. But the legal requirements of defining the metes and bounds of an invention require a high degree of precision which is not always easily expressed in plain language. Assuming that the same subject matter of the utility application is included in the provisional application, it is as if the utility application was filed as of the earlier provisional date. This is important since the first to file will typically be considered the first inventor. Note that the provisional priority date only applies for material included in the provisional application. Thus, details are important! During this one year period, the inventor can investigate the commercial feasibility of the invention to determine if the cost of a regular patent application is worth the expense. -
Inventions and Patents
MODULE 03 Inventions and Patents MODULE 03. Inventions and Patents OUTLINE LEARNING POINT 1: Basics of invention and patent 1. One way of adding value to a product 2. Reasons for patenting an invention LEARNING POINT 2: Patent application 1. Evaluating the patentability of an invention 2. Deciding whether to patent an invention 3. Preparing a patent application (1) Detailed description of the invention (2) Claims (3) Who prepares (4) After filing a patent application LEARNING POINT 3: Patent infringement 1. Definition of patent infringement 2. If you come across your competitor’s patent LEARNING POINT 4: Patent management system 1. Basic elements of a patent management system 2. Patent portfolio INTRODUCTION The term "intellectual property (IP)" is defined as the property resulting from creations of the human mind, the intellect. In this regard, it is fair that the person making efforts for an intellectual creation has some benefit as a result of this endeavor. Probably, the most important among intellectual properties is “patent.” A patent is an exclusive right granted by a government for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. The details on the way of acquiring patents will be provided for protecting precious intellectual properties. LEARNING OBJECTIVES 1. You understand how to decide whether your new technology or invention should be protected by one or more patents and, if so, how to do so. 2. You know how the grant of a patent over an invention or technology helps you to prevent or have an upper hand in legal disputes that may arise later on. -
Patenting: a Guidebook for Patenting in a Post-America Invents Act World
Foley Hoag eBook PATENTING: A Guidebook For Patenting in a Post-America Invents Act World by Beth E. Arnold PATENTING: A GUIDEBOOK FOR PATENTING IN A POST-AMERICA INVENTS ACT WORLD IN A POST-AMERICA A GUIDEBOOK FOR PATENTING PATENTING: 1 Contents Preface ............................................................................................................1 Chapter 1 What Is a Patent? ..........................................................................................2 Chapter 2 What Is Potentially Patentable? ................................................................5 Chapter 3 What Is Not Patentable? .............................................................................7 Chapter 4 How Is a Patent Obtained? .......................................................................16 Chapter 5 What Should You Do Before Filing a Patent Application? ...............25 Chapter 6 What Shouldn’t You Do Before Filing a Patent Application? ...........28 Chapter 7 How Are Foreign Patents Obtained? .....................................................29 Chapter 8 Who Is an Inventor on a Patent? ............................................................33 Chapter 9 Who Owns the Patent? ..............................................................................35 Chapter 10 How Long Is a Patent in Effect? .............................................................39 About Foley Hoag ...............................................................................................42 About the Author: Beth E. Arnold .........................................................................43 -
Preparing-A-Patent-Application.Pdf
PREPARING A PATENT APPLICATION Patentability 1. The idea, concept or device must be novel. It cannot have been publicly known anywhere in the world prior to its invention by you. Public disclosure includes publication, display, presentation, offer for sale, commercial use or inclusion in a previous patent. 2. The invention must be kept confidential. In the United States a patent application can be filed one year from the date you publicly disclose, BUT in the rest of the world, the right to file is lost the day it is disclosed. Therefore, it is important to contact the Technology Transfer office before making any public disclosure. 3. The invention must not be obvious. An argument must be made that an average person who is skilled in the field would not have thought of the invention as an obvious extension or combination of existing knowledge. This is the most difficult test because the patent examiner can argue that IF a person knew about A, B and C they could have arrived at X. 4. Inventions which are NOT patentable include theories, plans of action, mental processes, laws of nature, mathematical expressions or algorithms, methods of doing business or naturally occurring substances (although their isolation or use may be patentable). General Considerations 1. A patent application is divided into two distinct parts. Disclosure or Specification -- The disclosure comprises the bulk of the patent application. It includes a discussion of all related literature, patents and publicly disclosed material. It contains a detailed explanation of the invention and how it differs from all prior public matter, and it describes the best mode of practicing the invention in enough detail that an average person skilled in the field could reproduce the invention. -
Does Prior Art in a Provisional Patent Application Bar Future Patents
Missouri Law Review Volume 76 Issue 3 Summer 2011 Article 13 Summer 2011 Secret Prior Art: Does Prior Art in a Provisional Patent Application Bar Future Patents Kyle Gottuso Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation Kyle Gottuso, Secret Prior Art: Does Prior Art in a Provisional Patent Application Bar Future Patents, 76 MO. L. REV. (2011) Available at: https://scholarship.law.missouri.edu/mlr/vol76/iss3/13 This Conference is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Gottuso: Gottuso: Secret Prior Art NOTE "Secret" Prior Art: Does Prior Art in a Provisional Patent Application Bar Future Patents? In re Giacomini, 612 F.3d 1380 (Fed. Cir. 2010). KYLE GOTTUSO* I. INTRODUCTION The recent case of In re Giacomini presented the United States Court of Appeals for the Federal Circuit with the issue of whether a provisional patent application could contain prior art that would bar a subsequent patent from registration. In this matter of first impression, the Federal Circuit interpreted the plain language of 35 U.S.C. sections 102(e) and 119 as permitting a pro- visional patent application to shift a patent application's priority date, thereby enabling prior art to be found in an otherwise unpublished provisional patent application.' With this ruling, the Federal Circuit increased the scope of "se- cret" prior art that is unavailable to an inventor until well after his patent fil- ing. -
Patenting by Bethe.Arnold and T in Legally a Patenting
Foley Hoag eBook PATENTING Patenting A Guidebook for Those Involved in Legally Protecting Products and Technologies Driving Business Advantage by Beth E. Arnold 1 Contents Preface ............................................................................................................3 Chapter 1 What Is a Patent? ..........................................................................................4 Chapter 2 What Is Potentially Patentable? ................................................................8 Chapter 3 What Is Not Patentable? ...........................................................................10 Chapter 4 How Is a Patent Obtained? .......................................................................16 Chapter 5 What Should You Do Before Filing a Patent Application? ...............26 Chapter 6 What Shouldn’t You Do Before Filing a Patent Application? ...........31 Chapter 7 How Are Foreign Patents Obtained? .....................................................32 Chapter 8 Who Is an Inventor on a Patent? ............................................................37 Chapter 9 Who Owns the Patent? ..............................................................................39 Chapter 10 How Long Is a Patent in Effect? .............................................................43 Patent Group......................................................................................................46 About Foley Hoag ...............................................................................................46 -
Patent Prior Art and Possession
William & Mary Law Review Volume 60 (2018-2019) Issue 1 Article 4 10-15-2018 Patent Prior Art and Possession Timothy R. Holbrook Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Intellectual Property Law Commons, and the Property Law and Real Estate Commons Repository Citation Timothy R. Holbrook, Patent Prior Art and Possession, 60 Wm. & Mary L. Rev. 123 (2018), https://scholarship.law.wm.edu/wmlr/vol60/iss1/4 Copyright c 2018 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr PATENT PRIOR ART AND POSSESSION TIMOTHY R. HOLBROOK* ABSTRACT Prior art in patent law defines the set of materials that the United States Patent and Trademark Office (USPTO) and courts use to determine whether the invention claimed in a patent is new and non- obvious. One would think that, as a central, crucial component of patent law, prior art would be thoroughly theorized and doctrinally coherent. Nothing could be further from the truth. The prior art provisions represent an ad hoc codification of various policies and doctrines that arose in the courts. This Article provides coherency to this morass. It posits a prior art system that draws upon property law’s conception of possession. Possession operates when an actor asserts dominion over a resource or object in a way that communicates that assertion to third parties. In this way, public availability becomes the key lodestar to prior art. In the prior art context, the possession framework would divide prior art into two categories: prior art generated by third parties and prior art generated by the patent applicant herself. -
Bumping Into Your Own Prior Art
Bumping Into Your Own Prior Art PETER L. BREWER 8903 Linksvue Drive Gettysvue Center Knoxville, Tennessee 37922 (o) (865) 224-8555 www.thrive-ip.com www.energy-ip.com Association of Intellectual Property Firms 2020 Writing Competition Submitted to Brett Lunn, Esq. FB Rice January 03, 2020 1 Contents I. Introduction ...............................................................................................................4 II. The America Invents Act and The One-Year Grace Period ......................................5 III. The Problem of the Previously-Issued Patent ...........................................................7 IV. The Problem of the Previous Publication ..................................................................8 V. The Problem of the Parent Patent Application ..........................................................9 VI. The Problem of the Continuation-In-Part Application ............................................10 VII. The Problem of the Secret Sale, and the Not-So-Secret Sale ..................................10 VIII. The Problem of Secret or Experimental Use ...........................................................12 IX. The Problem of the Provisional Patent Application ................................................13 X. The Problem of Trade Secrets .................................................................................13 XI. The Problem of Double Patenting ...........................................................................15 XII. The Problem of the International Patent ..................................................................17