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Patent Registration
By,
Parth Purohit
Jinali Mehta
Flow of Presentation
What is IP ?Methods of IPWhat is Patent ?Patentable InventionsProcedure of PatentingBenefitsDifferent StrategiesHow to Deal With Competitors ?Damages For InfringementExample of Patent
What is Intellectual Property (IP)…
Intellectual Property (IP) is a group of legal rights that provides protection over things people create or invent.
Methods of Protecting IP…
Contracts
Copyrights
Trademarks
Trade Secrets
Patents
What is a Patent?
Monopoly
Granted by government authority
Limited exclusive privilege that the law allows a patentee in his own invention
Patent is tool of developing nation
Purpose Of Patents
Patents provide library of organized technical
information that others may learn from and
improve upon
Patent system encourages publication of new scientific and engineering work which can be used to inspire, educate, or inform others to make improvements or new developments
Purpose Of Patents Cont’d
Patent excludes others from making , using or selling your invention
Your patent may not allow you to practice the invention defined therein
No guarantee of Freedom to Operate
Patents- Examples
Patentable Inventions• A patent can be granted for an invention which may be related to any
process or product. The word “Invention “ has been defined under the Patents Act 1970 as amended from time to time.
• “An invention means a new product or process involving an inventive step and capable of industrial application”
• New invention” is defined as any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e. the subject matter has not fallen in public domain or that it does not form part of the state of the art;
Patents…
Protects implementation of technical ideas– Article of Manufacture (e.g., light bulb)
– System (e.g., cell phone)
– Process (e.g., process of making or using)
• Microwaving Food (Spencer)
• Search engine (Google)
• 1-click purchase (Amazon)
Types of Patents– Utility Patent
– Design Patent
– Plant Patent
Patents- Time to get
18 months to 5 years from filing of application.
length varies by technology
- software patents – up to 5 years Claims may never issue.
Procedure For Registration Filing of application – Who can make? Filing of complete specification after the provisional specification Preliminary scrutiny of the documents Publication of application after 18 months Early publication on specific request Examination Opposition to the application
– Pre-grant and post-grant opposition Grant and sealing of patent Submission of typed copy of specification Publication in the official journal
Patent Procedure
Patents…
Relatively expensive to obtain Initial filing ~$8,000 - $12,000Prosecution ~ $10,000+
Limited term of protection20 years from filingonce it dies, it’s dead
Commercial BenefitsExclusivityMonopoly PricingLicensing
Patents- Duration
20 years from filing
once it dies, it’s dead
but:
– continuation-in-part applications
Selecting what to Patent?
Business Value:What is the likely value of the technology?Will exclusivity provide a competitive advantage?Does the technology align with your commercial products?
Legal Strength:What is the novelty over prior art?Business Methods?
Exclusivity:Will competitors have viable design-around options?Can infringement be detected?
Patent Strategy - Benefits from Patents
Monopoly PricingIncrease profit margins through exclusionary power
Extra IncomeGenerate income through licensing activities
Access to TechnologyCross-license to access other technologies
Business AssetCan be used to assist in securing funding or obtaining desired exit valuations
Marketing ToolChilling effect on competitionDemonstrated expertise in a particular field
Patent StrategiesAggressive/Licensing strategy
Patent everythingExpensive up front, but ensures that you cover everything and eventually provides a revenue stream.
Blocking strategyPatent technologies your competitors might useModerate costs but provides essential protection and cross-licensing opportunities if you can identify the key technologies.
Defensive strategy Only patent key technologiesLower initial costs, but you risk missing key technologies.
Dealing with a Competitor’s Patents
The right to ExcludeA patent gives the owner the right to exclude others……but a patent does not grant any affirmative rights
Blocking PatentSomeone else might have a dominant patent
Freedom to OperateKnowledge of potentially problematic patents may give rise to an affirmative duty to determine whether or not your product infringesLegal opinion-of-counsel
Damages for Infringement
Injunction
Lost Profits
Reasonable Royalty
Cost of Litigation- $2M+ if case goes to trial
Example: Apple
Patented Technology…
Apple holds over 7,000 patents
Data Processing Technology
Computer Test Technology
Computer Input Technology
Programming orControl Technology
Control of Peripheral Devices
Technology
Patented Technology…Apple has >200 Patents related to Multi-Touch Technology
Input Technology
Visual Indicators Technology