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PATENTFUNDAMENTALS
FOR THE START-UP
MICHAEL A. SHIMOKAJI
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THREE KINDS OF PATENTS
• Plant• Design• Utility
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PLANT PATENT
• Legal definition - “asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state”
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PLANT PATENT
• Protection for 15 years
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DESIGN PATENT
• Legal definition – “ornamental design for an article of manufacture”
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DESIGN PATENT
• Article of manufacture is:
- a thing made by hand or machine
- end product sold to consumer or component of end product
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DESIGN PATENT
• Protects the way an article looks, now how it works
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DESIGN PATENT
• Includes:- configuration or shape of article
- surface ornamentation of article
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DESIGN PATENT
• Design must be “primarily ornamental”, rather than primarily functional, when viewed in its entirety
• Functional article may still be protected
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DESIGN PATENT
• Protection for 15 years
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DESIGN PATENT
• Attorney costs:
- $2000 to file
- $1500 to process
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UTILITY PATENT
• Legal definition - “new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof”
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UTILITY PATENT
• Two kinds:
- provisional
- non-provisional
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UTILITY PATENT
• Provisional benefits:
- patent pending status
- early filing date
- fast, low cost
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UTILITY PATENT
• Provisional disadvantages:
- cannot sue infringer
- potential missing information
- expires in one year
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UTILITY PATENT
• Provisional attorney costs:
- $1500 to file
- $0 to process
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UTILITY PATENT
• Non-Provisional benefits:
- exclude persons from making, using, selling, offering for sale
- protection potentially broader than product
- protection for 20 years
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UTILITY PATENT
• Non-Provisional disadvantages:
- only protected in US
- no protection beyond patent claims
- cannot renew
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UTILITY PATENT
• Non-Provisional attorney costs:
- $5000 to file
- $5000 to process
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FOREIGN PATENT
• How to:
- PCT
- direct
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FOREIGN PATENT
• Foreign benefits:
- selling outside US
- manufacturing outside US
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FOREIGN PATENT
• Foreign disadvantages:
- country specific protection
- translation costs
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FOREIGN PATENT
• Foreign attorney costs:
- $5K-10K to file
- $5K to 10K to process
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QUESTIONS?
• Contact info:
Michael Shimokajimshimokaji@shimokaji.com(949) 788-9968
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