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?
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 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.
A plant patent covers asexually reproducible plants (that is, through the use of grafts and cuttings), such as flowers. Sexually reproducible plants (that is, those that use pollination), can be monopolized under the Plant Protection Act. Both sexually and asexually reproducible plants can now also be monopolized by utility patent. Plant patents are comparatively recent innovations, the first one being granted in 1930. A plant patent is granted by the Government to an inventor (or the inventor's heirs or assigns) who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state. The grant, which lasts for 20 years from the date of filing the application, protects the inventor's right to exclude others from asexually reproducing, selling, or using the plant so reproduced. This protection is limited to a plant in its ordinary meaning: (1) A living plant organism which expresses a set of characteristics determined by its single, genetic makeup or genotype, which can be duplicated through asexual reproduction, but which can not otherwise be "made" or "manufactured." (2) Sports, mutants, hybrids, and transformed plants are comprehended; sports or mutants may be spontaneous or induced. Hybrids may be natural, from a planned breeding program, or somatic in source. While natural plant mutants might have naturally occurred, they must have been discovered in a cultivated area. (3) Algae and macro fungi are regarded as plants, but bacteria are not. A utility patent would be filed for claims to plants, seeds, genes, etc. According to the USPTO, there were 959 plant patent applications filed in 2009.