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This presentation describes the basics of patenting and prototyping your product, taking it from the idea stage to an actual product.
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patents & prototypes
Eric Hanscom Joe Donoghue
InterContinental IP Leardon Solutions
patents
Eric HanscomInterContinental IP
o Prototypes: How to show that an invention works
and can be effectively mass-produced.
o Patents: How to protect an invention.
Patent v. Prototype
Patents
• A right to exclude others from manufacturing, selling, or using your invention for a number of years.
Trademarks
• Any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate his or her goods or services and to distinguish them from those manufactured or sold by others.
Copyrights
• The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.
IP: Patents, Trademarks& Copyrights
Type of Intellectual Property
Protects
Average time until issue or
final rejection?
Expect to pay (attorney
fees + costs)*
Length of protection
Renew-able?
Practical examples in
business
Patent (Utility)
How something works 3 years$7,000 - 50,000
20 years from date of filing application*
NoDevices,
substances, business methods.
Patent (Provisional)
1 year grace period to file a utility patent
application1 year
$3,000 - $6,000
1 year "grace period"
NoDevices,
substances, business methods.
Patent (US Design)
How something looks 1 year $2,00014 years from date of issue
NoUnique shapes of
products
Patents: Provisional, Utilityand Design
Can A Patent Protect
Your Idea?(35
U.S.C §101)
•You must invent or discover something new and useful
•Only the following subject matter can be patented:•Processes (business methods)
•Manufactures (products)
•Compositions of matter (substances)
Did Someone Else
Beat You To
It?(35
U.S.C. §102)
•Is there a patent, published paper (including published patent applications), or other public disclosure?
•Did it happen before your invention date or more than 1 year before the filing of the application?
•This is true even if you had no knowledge of the other public disclosure
Is Your Invention Truly Unique
?(35
U.S.C. §103)
•No patent if your invention is an “obvious improvement” over someone else’s public disclosure
•Usually the largest hurdle in obtaining a patent
•This is true even if you had no knowledge of the other public disclosure
Barriers to getting a patent
• Should I apply for a utility patent?
• Business decision based upon prior art references found and economic benefit of obtaining (or at least filing for) a patent
Analyze the Results
• Looks for issued patents, published patent applications, and products on the marketplace that are similar to yours
• Everything cannot be found
• Use a Prior Art Searching company that ONLY does prior art searches; Do NOT use invention submission companies who will give you a “package deal” that includes a prior art search and a patent application
Prior Art Search
Prior Art Searches: is it worthtrying for a utility patent?
File Application
Rejection /Office Action
Response (written, phone
call, visit USPTO)
Allowance Issued Patent
Renewal Fees (Utility Patents
only)
Patent Application Process
Abstract
• Summary of 150 words or Less
DrawingsBackground
of the Invention
• A simple introduction to what your invention is. Describes the general field of the invention, and sets up why the prior art fails to solve the problem that your invention fixes.
Detailed Description
• This section describes exactly how the invention works by referring to the drawings. Describes in detail why your invention is not a mere “obvious improvement” over existing patented inventions.
Claims
• This is the section that protects your ideas
• It lays out the individual elements of your idea – basically what you “claim” as your invention.
Parts of a Utility Patent
Claim 1: A Laptop Comprising
A Scanner
A Copier
A Fax
A Printer
Claim 1: A Laptop Comprising A Scanner
Claim 2: A Laptop Comprising A Copier
Claim 3: A Laptop Comprising A Fax
Claim 4: A Laptop Comprising A Printer
Patent 1: Narrow Claims Patent 2: Broad Claims
Hing Wong: A Hong Kong company importing into the U.S. a laptop
computer with a photocopier and a scanner built into it.
Francoise’s Computer Center: In the U.S., he builds a laptop
computer that contains a fax. He does not sell it in the U.S., but
rather exports all of the laptops to France.
Your Invention
• A Laptop that includes
• A Scanner• A Copier• A Fax• A Printer
Infringement: Is thepatent any good?
prototypes
Joe DonoghueLeardon Solutions
TMWhy a Prototype?
o Validation and feasibility of idea
o Use for obtaining intellectual property
o Show to investors for raising money
o Work out the design and manufacturing
details
o Validate functionality and qualify design
o Feedback from distributors, buyers, and
retailers
o Obtain customer feedback from beta units
Product DevelopmentLifecycle
Proof-of-ConceptPrototype
Design Prototype
Production Prototype
TM
o Proof-of-Concept Prototype
o Design Prototype
o Production Prototype
Three Types of Prototypes
TM
Prototype that bears little
resemblance to the final product
and is used to validate of the idea
and prove feasibility.
Proof-of-Concept Prototype
TM
Making a Proof-of-Concept Prototype
Use whatever you may
have available to create
a Proof-of-Concept
Prototype but call in the
pros if necessary.
TMDesign Prototype
Prototype that has the
functional, engineering, and
aesthetic properties of the final
product and is produced using
quick fabrication methods rather
than high volume methods.
TM
Making a Design Prototype
Polyurethane Casting
Stereolithography Machining
Form testing with for 1 to 2 parts Form, fit, function testing for 1 to 20 parts
Form, fit, function testing for 15 to 100 parts
TMProduction Prototype
Prototype that is
fabricated using the final
design and
manufacturing methods.
TM
Making a Production Prototype
It takes
manufacturing tools
and machines to
produce a production
prototype.