Most of our competitors emphasize the importance of "deep 'prior art' searches." In their efforts to show you how technically capable they are, they seem to forget the importance of returning results that (1) are interpretable, (2) have practical meaning, and (3) are transparently sophisticated. Our promise to you is that we will continue to focus on the types of questions you need answered and will improve our patent search tools based on your needs. At IPstreet.com, we use a very sophisticated search technology called "Concept Searching" that allows you to enter a lengthy description of your invention, product, or idea, and compare it to the universe of granted patents and patent applications in the United States using data from the USPTO. Using our patent analytic search tools, we offer you patent analytics software that is sophisticated, transparent, and meaningful results. Our patent search tools are top of the line. We understand patent searches are important when answering the questions, is my idea patentable, how to patent an idea and what is the best patent search service available?
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.
Building such a fortress around the invention makes it difficult for others to use the invention without getting a license. Depending on the policy of the organization and the type of the invention, the organization can then grant either exclusive or nonexclusive licenses to use the product. There are several ways to protect IP, but one should always remember that protecting IP is expensive. Therefore, an organization needs to think carefully about its competitors, likely infringers, and the geographical area where the invention is to be marketed. Sometimes keeping an invention as a trade secret might be the cheapest way to protect it. Sometimes patenting, even if more expensive, might give better protection. Finding the best way to build and protect an IP portfolio requires imagination, in addition to a thorough knowledge of the company and its product lines. A comprehensive IP portfolio can be of substantial value to both private and public sector entities. For both sectors, patents are a key element of an IP portfolio. Large companies can afford an offensive patent strategy, but small companies may not have the necessary resources for this. Therefore, especially for small- and middle-sized companies, proper planning and parallel thinking is required to develop an effective and cost efficient strategy. Join the IP Street community and learn more about protecting your intellectual property. We have developed a comprehensive network of patent lawyers to connect you to others that can help license, protect and commercialize your idea. Patent infringement is a serious threat and protecting your invention or patent idea is critical.
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.
Although anyone can claim to inventor or create something (e.g., Al Gore created the Internet), the reality is that an idea needs to be carefully considered in context of the law. If you are serious about protecting your invention, you should contact a patent attorney or patent agent. Applying for a patent, and its subsequent patent prosecution process, does cost money. You may see ads for low-cost services to file a patent on your behalf. Such solutions are viable if your goal is to boast to your friends that you patented something. However, if you have real-world business ambitions, it is imperative that the person writing the claims of your patent is a well-qualified lawyer. The adage "you get what you pay for" is very true in the intellectual property community. Realistically, a single patent is going to minimally cost you around $10K for the application fees, legal fees to write the claims, and so on. You want to find a legal professional that is a subject matter expert in your domain (whether it is IT, manufacturing, mechanical engineering, biotech).