Notes

Slide Show

Outline

1	The US Patent System and the Employed Inventor Bart J. Zoltan The Laboratory Robotics Interest Group Mid Atlantic Chapter Emerging Technologies March 23, 2006
2	Who Owns What is in Your Head In the United States, if you are an industry employed scientist, engineer or technician your employment agreement specifies your employer owns your inventions. There is no “Use it, or Lose it” provision. In academia the usual division income or royalties are split three ways between the inventor(s), the university, and the inventor(s) department or laboratory. Government funded inventions and inventions by government employees are administered under Executive Order 10096. F. Neumeyer The Employed Inventor in the United States MIT Press
3	What is a patent?
4	What is a patent?
5	What can be patented?
6	Reasons for Patenting
7	What rights does a patent confer?
8	The Telephone Example
9	Patent Rights
10	Some patent facts:
11	Requirements for Patentability
12	35 U.S.C. § 101-Utility
13	Novelty - 35 USC § 102
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15	What will Anticipate (Defeat Novelty)?
16	What will Anticipate (Defeat Novelty)?
17	Non-Obviousness - 35 USC § 103
18	Written Description, Enablement, and Best Mode 35 U.S.C § 112
19	Who is an Inventor?
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21	Inventorship Statutes
22	Joint Inventorship
23	Joint Inventorship Any joint owner of a patent …. may sell the interest or any part of it or grant licenses to others
24	Who Is Not An Inventor?
25	What is Conception?
26	Lab Notebooks
27	Patents and Big Pharma
28	Patent Application and Awards
29	Patent Licensing
30	Patent Litigation
31	Patent Jury Trials
32	Patents Found Valid and Infringed
33	The Submarine Patent Submarine patent is a term for a patent first published and granted long after the original application was filed. Jerome Lemelson’s 1994 patent, stems from a 1954 application, for technology we now call bar code scanning. $1.5 billion in royalties
34	United States Patent 5,283,641 Lemelson February 1, 1994 Apparatus and methods for automated analysis
35	The Accidental Submarine Patent W. Henry Wall’s Patent No. 6,974,475, languished in the U.S. patent office for 18 years -- and was lost for seven -- before it was granted December of 2005. "This is probably the King Kong of patents”. Dr. Wall's patent gives him the right to exclude anyone from making, using or selling any stent or method for delivering a stent described in the claims. Wall Street Journal Jan. 26. 2006
36	Parts of a Patent – Front Page TTL/stent OR ABST/stent: 2705 patents
37	Parts of a Patent - Figures
38	Parts of a Patent - Figures
39	Parts of a Patent - Specification
40	Parts of a Patent – The Claims
41	EETIMES MONDAY, MARCH 20, 2006 The next killer product is the patent itself PLECs – Patent licensing and enforcement companies The Cost of Getting a Patent? “ It takes three years, and $10,000 to $20,000 if you do it right”
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43	The Patent Troll patent troll (PAT.unt trohl) n. A company that purchases a patent, often from a bankrupt firm, and then sues another company by claiming that one of its products infringes the purchased patent.. —adj.
44	Proposed Changes to US Patent Law
45	Acknowledgements: Thanks to Bill Brazil of the Wyeth patent department for sharing slides regarding Provisional Applications and 35 USC.