Conducting a thorough patent search is difficult, particularly for the novice. Patent searching is a learned skill. A novice in the United States could contact the nearest Patent and Trademark Depository Library (PTDL) and seek out search experts to help in setting up a search strategy.
"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.
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 VelcroŽ 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.
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.
Let IPstreet.com help you keep your patent portfolio organized. Organize your patents into groups, related to your product offerings. Identify each patent into a few tiers, where top-tiered patents are of higher commercial importance. This internal ranking can help identify which patents to maintain both domestically and internationally. Additionally, such a simple ranking will allow for establishing strategic enforcement guidelines. Resources are limited, so knowledge to identify which patents are most important can result in better utilization of resources. Using our patent search tools, you can better understand the value of a patent and analytics behind it.
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