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.
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.
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.
"A new approach to customer intimacy is critical in the new economic environment and this necessitates a stronger commitment than ever before. Organizations that are best at extracting previously undiscovered insights from vast amounts of customer information have a huge advantage in deepening existing connections and creating new relationships. (1) Make customers part of your team. (2) Solicit customer wants. (3) Co-innovate and interact with customers in new ways. (4) Deliver true process transparency. (5) Tap the value of limitless data. (6) Translate data into insight into action that creates business results. (7) Share information freely to build trust and improve customer relationships." According to IBM 2010, Capitalizing on Complexity: Insights from the Global CEO Study. Patent attorneys and IP counselors are key stakeholders in the innovation economy. We want to empower you with our patent-analytic tools that enables you to have more meaningful (and more profitable) relationships with your clientele. IP Street was founded and is currently directed by Lewis Lee, a well-known and respected attorney in the IP space. He understands the challenging of operating a law firm in the economically-distressed digital age. Not only has he helped ideate ways you can directly use our patent search tools to do things smarter, quicker but he has also directed IP Street to help patent lawyers connect to potential customers.
A design patent covers the unique, ornamental, or visible shape or surface ornamentation of an article or object, even if only on a computer screen. Thus if a lamp, a building, a computer case, or a desk has a truly unique shape, its design can be design patented. Even computer screen icons and an arrangement of printing on a piece of paper can be patented. A design must be for an article that is different from an object in its natural state; thus a figure of a man would not be suitable for a design patent but if the man is in an unnatural position, this can be patented. The uniqueness of the shape must be purely ornamental or aesthetic and part of an article. If the design is functional, then only a utility patent is proper, even if it is also aesthetic. A good example is a jet plane with a constricted waist (narrow body) for reducing turbulence at supersonic speeds: Although the novel shape is attractive, its functionality makes it suitable for a utility patent only. A useful way to distinguish between a design and a utility invention is to ask, "Will removing or smoothing out the novel features substantially impair the function of the device?" If so, as in the jet plane with the narrowed body, this proves that the novel features have a significant functional purpose, so a utility patent in indicated. According to David Pressman's book "Patent it Yourself" two useful questions to ask to define design innovations are: (1) Is the novel feature(s) there for structural or functional reasons, or only for the purpose of ornamentation? (2) Does the novel feature make it look better or work better? (The utilitarian function always prevails.) If the state of the arts is such that the general nature of the feature and its function is old, but the feature has a novel shape that is an aesthetic improvement, then only a design patent will be proper. The design patent application must consist primarily of drawings, along with formal paperwork and a filing fee. Design patents last 14 years from the date of issuance.