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Supreme Court Agrees to Review Bilski Decision By : Subbu Rethinam In the case of In re Bilski, 545 F.3d 943 (Fed. Cir. 2008) (en banc), the Federal Circuit affirmed a rejection of all of Bilski’s claims under 35 U.S.C. 101 as not being directed to patent-eligible subject matter. Some commentators suggested that this was the end of software patents. While certainly a nail in the coffin for business method patents, the U.S. Patent and Trademark Office continues to issue software patents despite the Bilski decision. Have You Patented Your Idea? By : John Ross If you have invented something or made a new discovery, you should be able to enjoy the valuable monetary rights which you can enforce for your own advantage either by using it yourself or by conveying the privileges to others. Patent is a grant by the Government to the inventor for a limited period of time giving the exclusive right to him to make use, exercise and vend its invention. Let Your American Patent, Trademark or Copyright Make You Rich By : Groshan Fabiola Protecting intellectual property rights is a very important part of the economic, social and cultural development of any country. It takes more than the simple protection of intellectual property rights for a country to achieve such development, but it is safe to say that such goals could hardly be reached in the absence of intellectual property protection Innovation: Regulatory Road Kill? By : Dale Halling The 90’s brought us companies such as Amazon.com, eBay, Netscape, Broadcom, and AOL to name a few. We discovered web browsers, PDAs, universal email, voice over IP, DSL, broadband cable, cable telephony, Wi-Fi, and TiVo among others. The 80’s brought us companies such as Dell, Compaq, Cisco, Microsoft, Qualcomm, Adobe Systems, and Genentech. We discovered personal computers, cellular telephones, spreadsheets, and genetic engineering. This decade we have Crocs and the iPod. Where has American inn Pluses and Minuses of Filing for Patents and Trademarks By : John P. Mello Jr. No owner of intellectual property wants to see the fruits of their labors clipped by a competitor, but there are benefits and burrs to using forms of protection like patents and trademarks to protect inventions, brands and services. Strong Patents Can Foil Litigation By : John P. Mello Jr. Some 100 patent lawsuits reach the courtroom every year and around 40 percent of them result in patents being invalidated. Not only do these cases drain hundreds of millions of dollars from the economy, but they cost the litigants quite a bit, too--more than a million dollars a pop, on average. Needless to say, most innovators--save for, maybe, patent trolls--would like to avoid becoming a data point for those statistics. One way to do that is by making your patent application as strong as possi Cost and Time for Patents By : Dale Halling For a businessperson to be able to make an informed investment decision, he needs to know the cost and timeframe the investment will require and compare them to economic benefits. Today I am going to present the costs associated with obtaining a patent in a traditional patent acquisition timeline. After this, I will discuss how these costs can be deferred to lower the risk of an investment in a patent. Possible Outcomes to Your Patent Suit By : Glend Anderson There are several possible outcomes to a patent suit (or, more formally and correctly, a patent infringement lawsuit). In this article, the author will explain to you ever possible outcome to a patent suit, starting from victory to binding arbitration. Patent and/or Trademark That New Product? By : Glend Anderson Your company has developed a really nifty new product. Should you file for a patent, and should you trademark the product’s name? Like so many other things in life, business, marriage and sports, it depends. Fighting Patent Infringement is Expensive! By : Glend Anderson Should you own a patent that is being infringed, your only course of action is to file a lawsuit against the infringer. There are patent owners who have launched patent infringement lawsuits that resulted in multi-million dollar awards for patent-owner-plaintiff. That’s the good news. The bad news is that mounting a patent infringement lawsuit can easily cost millions of dollars! There are two elements to the cost structure of a patent infringement lawsuit. Using Provisional Patents To Leverage Your Fortune By : Dee Reavis How to use provisional patents to leverage equity positiions in major companies. China Patent Agents and IP Attorneys By : Nathan Martyn2 Nathan Martyn2 Chances are the latest Adidas t-shirt you just bought has a ‘Made in China’ tag on it. No matter what aspect of modern day manufacturing one looks into, China is the land of promise. Organizations all over the US and Europe are investing millions of dollars in outsourced production centers in China, but piracy and counterfeiting is still the biggest concern for organizations. In 2006, US industry lost nearly $512 billion dollars due to piracy and counterfeiting. Today, everything from fake Gucci handbags to spurious car parts are being produced in China. You're infringing my patent! By : Brian R. Rayve, Esq. Are you ready to bring your invention or product to market but not sure you can without infringing someone else's patent? Want that confident feeling that you have done your "homework" up-front to avoid a costly and lengthy law suit? This is a primer on patent infringement for inventors that answers your most commonly asked questions. A must-read for inventors at all experience levels. Software Companies Face Threat of Patent Infringement Suits for Overseas Sales: But Is It Serious By : Robert Masud A significant case has reached the U.S. Supreme Court that on the surface could expose high-tech companies to greater liability for patent infringement in regard to certain products assembled and sold overseas. Patent Law Basics For The Non-practitioner - Part II Of IV: UTILITY PATENTS By : Thomas Zuber This article is for non-practitioners seeking to familiarize themselves with the basics of patent law. It is Part II of a four part series consisting of an overview of the different types of patents, and patentability requirements. Parts III and IV will follow in biweekly installments, and will address Design Patents, and Plant Patents, respectively. Obtaining a Provisional Patent By : A provisional patent is somewhat like obtaining a placeholder patent. Filing and Settling Patent Infringement Cases By : Patent infringement lawsuits deal directly with patent violations, the violation of an inventor's right to exclusively market and profit from the novel and original idea. Patent Law Basics for the Non-Practitioner - Part I of IV: OVERVIEW By : Thomas Zuber This article is for non-practitioners seeking to familiarize themselves with the basics of patent law. It is Part I of a four part series consisting of an overview of the different types of patents, and patentability requirements. Parts II, III and IV will follow in biweekly installments, and will address Utility Patents, Design Patents, and Plant Patents, respectively. Obtaining a Utility Patent By : A utility patent is granted based on an inventions complete novelty, and the usefulness of the invention. Obtaining a Design Patent By : A design patent is generally reserved for what can be considered an enhancement on an existing material, product, or device that drastically improves or changes the item for useful purposes. Obtaining a Plant Patent By : Patenting a plant is a fairly rare occurrence. The U.S. Patent Office issues between 3 and 5% of new patents annually for plants. Understanding How to Acquire a Patent By : Obtaining a patent isn't necessarily that difficult, however understanding patent laws can be very difficult. Government Inventions-Patents and the People By : Peter Afraiabi Numerous valuable patents exist in the government vaults that when enforced by private companies can return money to the government. But defendant infringers offer stiff resistance, by trying to drag the government back into the case and second-guess the policy decisions of the government. Explaining Patents and Trademarks By : The U.S. Patent Office is the warehousing authority on all registered patents and patents which have been applied for. Winning a Patent Infringement Lawsuit By : If you want to win a patent infringement lawsuit, then logically, you need a top notch lawyer. Patent Infringement Violators Beware By : For those who believe that patent infringement isn't taken very seriously in the United States, it's time to wake up and smell the potential. Protecting Yourself from Patent Infringement By : Whether you work for a large corporation or are a single entity unto yourself, inventing new products or product enhancements is very difficult work. Getting Your Patent Application Facts Straight By : Lisa Parmley Even if you choose to use a patent agent or attorney to help you protect your invention, you will still have some work to do. After all, it's your invention. And they need you to communicate the in's and out's of it as best you can. Checking Credentials Before Hiring Anyone to Help You Patent Your Invention By : Lisa Parmley Many businesses make more than a decent living helping inventors just like you make money from their inventions. From filing a patent to licensing and marketing your invention, someone is around every corner offering assistance. The In's and Out's of Gaining a Patent By : Lisa Parmley Please note that there is more to gaining a patent than just filing an application and waiting. It is possible that this is all you will have to do, but unlikely. Once a patent application is sent in to the Patent and Trademark Office (PTO), it will be assigned to a patent examiner. Short Guide to Patent Protection and Patentability By : Lisa Parmley What can be protected? Determining what qualifies as a patentable invention is a highly difficult and complicated task. Patent laws state that "Anything under the sun that was invented by man qualifies as patentable". Simple enough, but if you notice, there are hundreds of pages full of exceptions and details on the idea of patentability following this phrase. Scores of appeals and patent court cases have arisen due to questions regarding patentability because it still hasn't, and probably never will be entirely pinned down. Types of Patents Granted by the USPTO By : Lisa Parmley Inventions may qualify for a utility, a design or a plant patent as set out by the United States Patent and Trademark Office (USPTO). This article attempts to provide you with an overview on each of these patent types. Using an Invention Submission Company to Submit Your Invention By : Lisa Parmley You hear them on late night television, newspapers and magazines, even the radio and the internet. The ad goes something like this, "Hey inventor, call our toll free number and we'll help you protect your idea and get rich quick". Patent Practitioners: Separating the Good from the Bad By : Lisa Parmley If you choose to hire a patent practitioner, they will help you throughout the complex patent process. You may even consider granting them power of attorney over your patent application. How to Handle Patent Infringement? By : Lisa Parmley Who will be there when things go wrong? Due to the trouble, expense and the risks involved with gaining a patent, you might be lulled into thinking that the government will be there to lend you a helping hand when it comes time to enforce the rights your patented invention. Patents and Fees: An Overview By : Lisa Parmley Gaining a patent on your invention can be an expensive undertaking. From beginning to end, here are the basic fees you will need to be prepared to pay. Please realize that many others may crop up depending on how complex the prosecution becomes for your patent. The Inventor's Dilemma By : Lisa Parmley So you've done your homework (or are planning on being diligent about it at least). And you've decided to definitely forge ahead and gain a patent on your invention. So now what? Well, first of all, be warned that patenting your invention will cost you several thousand dollars. The fee varies widely; you will ultimately need to receive an estimate from the professional you choose. So You've Invented Something, Now What? By : Lisa Parmley So you've invented the next big thing (or at least something that may solve a problem for a select group of people)? Now what? Detailed Patent Search Tutorial By : Lisa Parmley You can get a reasonable patent search for a few hundred dollars. An in-depth comprehensive search will cost more (around a $1,000). But before you spend any money at all applying for a patent, reducing your invention to practice, or building an expensive prototype, you can start searching around all on your own. The Beginnings of a Quality Patent Search By : Lisa Parmley Hopefully you realize that before you do much of anything, you need to look at the marketability of your invention. Remember, you don't want to do anything until you have a good feel for whether or not you can actually make some money from your invention. Of course, you can't ever determine with 100% accuracy if you will make money or how much, but you can gain an idea by looking at other products available in the marketplace. Why A Patent Lawyer Can Be An Inventor's Best Friend By : Gregg Hall Some may think that brilliant men like Thomas Edison and Nicolai Tesla are rare these days but I know better. As a matter of fact I have a friend who is a certifiable genius inventor, inventing things like an engine that runs on tap water and a device that increases gas mileage by nearly 40%. A Brief Look Into Filing US Patents By : Dennis Cole If you have an idea or invention you may need a US Patent to protect it. Someone else could steal your idea, so it is always a good idea to understand patents and what they can do for you. To Successfully Enforce Your Patent Do Not Let Form Triumph Over Substance While Writing The Patent By : Xavier Pillai You may have a fantastic invention and obtained a patent for it but you will fail to stop the infringer if any one of the many formality requirements of the patent laws are ignored when writing the patent. To Crush Your Competition A Strong Patent Is Important Learn How and Why By : Xavier Pillai To win in a patent lawsuit, you must have a strong patent, a patent that contains a broad as well as a narrow definition of your invention. The Patent Office Proposes New Rules That Could Increase Burden On Patent Applicant By : Xavier Pillai If the proposed new rules take effect, the patent applicant must excercize great care in disclosing documents that pertain to the invention. It is important to secure a patent and not create potential ammunition for a competitor to defeat the patent.