Managing human capital is fundamental for a company's success. Merged with IP capital, a new realm of Intellectual Capital needs to be carefully considered. Alone, patents and inventors are important. But together, their synergies may be invaluable to a firm. Know which patents matter, which inventors matter, and which inventors play nice together. Whether you are searching to hire a new inventor, wanting to monitor inventor productivity, or want to analyze your inventor networks (relationships among inventors), IP Street simplifies the complex to provide meaningful insights.
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.
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.
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.