Executives need vision to convert patented R&D into a profit center. Consider EMI, a london company that produces music (a music label company). In their Central Research Laboratories in Hayes, Godfrey Hounsfield had an idea to integrate X-ray slices to create a 3-D image (originally known as an EMI scan), today know as a CT or CAT scan. Godfrey was awared a Nobel Prize for his work, and later knighted. The idea came to him while picnicking in the park; however, the senior executives realized this was no picnic. They leveraged the technology (foundation patent #3,778,614), securing over 120 of the first 450 patents in this space. The legacy competitors (General Electric, Philips, Siemens) were playing catch-up with this innovator. Few executives would be brave enough to execute such a divergent business strategy.

Ignorance is not bliss. Before any significant moneys are spent on R&D or Product Development, a basic FTO (freedom to operate) search you be performed to ensure the idea, technology, or product is not infringing the IP rights of another party. IPstreet.com's search tools will help you avoid third-party infringement.

Utility patents protect inventions that are a novel, nonobvious, and useful, such as: process innovations, machine innovations, manufacturing innovations, compositions of matter, or incremental improvements from foundational innovations. The three patentability requirements: New and Novel: For a United States patent the invention must never have been made public in any way, anywhere in the world, a year before the date on which an application for a patent is filed. In other countries, you have no one year grace period and require absolute novelty. Original and Nonobvious: An invention involves an inventive step if, when compared with what is already known, it would not be obvious to someone with a good knowledge and experience of the subject, for example, if you just make cosmetic changes that is obvious. Useful: This means that the invention must take the practical form of an apparatus or device, it has to do something.

Building a strong base for IP protection will make it difficult for other people and companies to infringe upon protected rights. One way to secure intellectual property protection is to cover IP with various types of IP rights. Patent infringment is a serious threat for anyone interested in patenting an idea or interested in patenting an invention. Imagine that the IP of a particular U.S. company is a novel paintbrush. The company can obtain a utility patent in the United States covering the novel paintbrush. If the company has business in Europe, it might be wise to file a PCT as well. It might be beneficial to write a claim, also, for painting with the paintbrush. By doing so, the company would ensure that both people manufacturing the brush, and each small or large painting using the brush, would be guilty of infringement if they were not first granted a license to use the brush in any manner they saw fit. When the company holding the patent improves the tool, it can always file a new patent covering the improvement (continuation-in-part application). Additionally, a design patent might protect the design of the paintbrush. Finally, the company might have a unique name for the tool that could be trademarked. The patent search tools and resources provided at IPStreet.com, will help you better understand patent duration, how to protect from patent infringement and ways to connect to experienced patent lawyers.

In the U.S., the inventor has a "first to invent" claim which is different from other patenting organizations throughout the world who generally utilize "first to file." Debate over this issue, and which model best influences economic development is ongoing. Some are concerned that a change in patent rights may harm the small startup and benefit the incumbents with deeper pockets. You can read more about this topic.