A single patent may be worth a billion dollars, another may be completely worthless. How can you discern such differences? With millions of patent documents (both issued patents and applications), there is a lot of information, that if properly leveraged with the correct technologies, can actually help us discern effectively. Benefits of www.ipstreet.com include: (1) All U.S. patent documents from 1976—present (2) [Forthcoming: International patent documents] (3) Unified Search (Boolean Text Search) (4) Concept Search (using Latent Semantics) (5) Meaningful, graphical results (6) Web-based, no installation required (7) Secure transactions and (8) Immediate Access.
There are three types of different patents (1) Utility Patents: Issued for the invention of a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof, it generally permits its owner to exclude others from making, using, or selling the invention for a period of up to twenty years from the date of patent application filing ++, subject to the payment of maintenance fees. Approximately 90% of the patent documents issued by the USPTO in recent years have been utility patents, also referred to as "patents for invention." (2) Design Patents: Issued for a new, original, and ornamental design for an article of manufacture, it permits its owner to exclude others from making, using, or selling the design for a period of fourteen years from the date of patent grant. Design patents are not subject to the payment of maintenance fees. (3). Plant Patents: Issued for a new and distinct, invented or discovered asexually reproduced plant including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state, it permits its owner to exclude others from making, using, or selling the plant for a period of up to twenty years from the date of patent application filing. Plant patents are not subject to the payment of maintenance fees.
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.
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.
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