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.

Proper organization of a patent porfolio is essential to be prepared to properly navigate the IP landscape. One key issue is related to inventorship. Consider the Pfizer patent, patent # 5,760,06^, which is commonly known as the COX-2 inhibitor. Pfizer is currently in a $1B lawsuit because Searle, the original owner of the patent, failed to include a key inventor on the patent. Pfizer inherited this mess when they acquired Pharmacia, who had previously acquired Monsanto, who had previously acquired Searle. Ignorance is not a defensible excuse in patent litigation.

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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.

In order to be SOX compliant, it is imperative that you keep track of your patent portfolio. A thorough IP audit requires organization. Ironically, companies will pay more for the procurement of patents than they will for organizing and managing IP portfolios. With IP Street, we can help you navigate your own IP landscape and quickly organize your portfolios. With our promise of ongoing innovation, we can further develop tools you need to make this organization possible.