A patent is a property right for an invention granted by a government to the inventor. A United States patent gives inventors the right "to exclude others" from making, using, offering for sale, or selling their invention throughout the United States or importing their invention into the United States. In exchange for this monopolistic protection, the inventor must publicly disclose the invention (the patent document) and must pay the United States Patent Office (USPTO.gov) to prosecute (application fees) and maintain (maintenance fees) the patent.

Laws of nature: Galileo would not be able to patent his findings from his experiments at the Leaning Tower of Pisa. Physical phenomena: Patent law classifies physical phenomena as products of nature. Thus, if your invention occurs in nature, it is a physical phenomenon and cannot be patented. Abstract ideas: Abstract ideas are concepts like pure mathematics and algorithms. You cannot patent a formula. However, you can patent an application of that formula. Thus, while you cannot patent a mathematical formula that produces nonrepeating patterns, you can patent paper products that use that formula to prevent rolls of paper from sticking together. Literary, dramatic, musical, and artistic works: These can be Copyright protected. Inventions, which are considered not useful or possible: For example, the USPTO will not issue a patent on a perpetual motion machines; or offensive to public morality.

In order to develop IP Street, a team with diverse talent has been assembled. Our founders, Lewis Lee, Art Coffey, and Rick White represent the heart of IP Street. As a patent attorney, Lewis has seen a need for IP-intelligent tools to help people in their business endeavors; in fact, Lewis co-authored Managing Intellectual Property Rights to meet this need. After co-founding his law firm Lee & Hayes in Spokane with another entreneurial attorney, Dan Hayes, Lewis has interacted with a lot of inventors who specialize in information-systems technologies. He has also counseled executives, boards, and financial professionals on IP strategies and how to leverage IP for business purposes. His desire to help people understand the importance of IP assets within his IT-steeped environment sparked Lewis to an idea that has become IP Street. Simply stated, Lewis sought to create a company that utilizes cutting-edge analytics technologies to simplify the complexities of IP analytics and provide transparent, intuitive, and meaningful IP intelligence that business people can understand. To make this idea go, he surrounded himself with people who have been successful in the business world. Art had enjoyed a long and successful business career, serving in roles of CFO, Presiden, and CEO of a NYSE-traded company. Art's business experience brought a perspective of how business strategists and executives think. Rick, a trained corporate attorney, has also enjoyed success in the political arena, having served in the US Congress for the high-tech district of Washington State that encompasses Microsoft. Rick brought a public policy dimension to the formative years of IP Street, allowing us to better understand the societal needs for an innovation driven economy. Details of this team can be accessed at: The IP Street Team.

When approached with this legal assertion, as a patent counselor for your client, you need insights to help you define and determine your defense. No, I am not: A patent is defined by its language, and many times, proper preparation for a Markman Hearing, or Claim Construction Hearing, can determine the summary judgment. If you are accused of infringing on a claim, you want to find ways to minimize the scope of the claim [on the other hand, if you are accusing, you want to broaden a claim's scope]. With IP Street, you can scrutinize a claim in various ways. Your patent is invalid: Since the USPTO granted the patent, the presumption is that all of its claims are valid. Anyone can challenge the validity of a patent (request re-examination) whether or not an infringement injunction has been made. [Normally, when the USPTO learns of an infringement lawsuit, out of due diligence, they open a re-examination case.] The quickest path to invalidate a patent is to identify prior art.

The main type of patent, a utility patent, covers inventions that function in a unique manner to produce a utilitarian result. Examples of utility inventions are Velcro® hook-and-loop fasteners, new drugs, electronic circuits, software that is tied to some form of hardware, semiconductor manufacturing processes, new bacteria, newly discovered genes, new animals, plants, automatic transmissions, Internet techniques and methods of doing business (provided physical things are involved), and virtually anything else under the sun that can be made by humans. To get a utility patent, one must file a patent application that consists of a detailed description telling how to make and use the invention, together with claims (formally written sentence fragments) that define the invention, drawings of the invention, formal paperwork, and a filing fee. Sometimes the state of the art, rather than the nature of the novelty, will determine whether a design or utility patent is proper for an invention. If a new feature of a device performs a novel function, than a utility patent is proper. According to the USPTO in 2009, there were 456,106 utility patent applications. Patent law is designed to promote innovation in "science and useful arts." It's right there in the first Article of the Constitution: in order to be patentable, an invention needs to be useful in some way. Utility patents expire 20 years from the date of filing.