The main type of patent, a utility patent, covers inventions that function in a unique manner to produce a utilitarian result. Examples of utility inventions are VelcroŽ hook-and-loop fasteners, new drugs, electronic circuits, software that is tied to some form of hardware, semiconductor manufacturing processes, new bacteria, newly discovered genes, new animals, plants, automatic transmissions, Internet techniques and methods of doing business (provided physical things are involved), and virtually anything else under the sun that can be made by humans. To get a utility patent, one must file a patent application that consists of a detailed description telling how to make and use the invention, together with claims (formally written sentence fragments) that define the invention, drawings of the invention, formal paperwork, and a filing fee. Sometimes the state of the art, rather than the nature of the novelty, will determine whether a design or utility patent is proper for an invention. If a new feature of a device performs a novel function, than a utility patent is proper. According to the USPTO in 2009, there were 456,106 utility patent applications. Patent law is designed to promote innovation in "science and useful arts." It's right there in the first Article of the Constitution: in order to be patentable, an invention needs to be useful in some way. Utility patents expire 20 years from the date of filing.
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.
In Nortel's recent bankrupcy, the liquidation of the IP assets led to a bidding war. Google offered $900M for the patents; Apple and Microsoft created an alliance (with RIM, Sony, EMC, Ericsson) to offer $4.5B for the same patents^. Certainly there was a great disparity in these bid prices. How can you objectively determine the value of a portfolio and patent duration. Let the tools at IPstreet.com help you.
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.
The idea for IP Street originated with Lee, a co-founder of the US's top ranked firm for patent quality, Lee & Hayes (Spokane, Seattle, Austin, Portland, Taipei, and Beijing). Lee became engrossed in the notion of mining IP data to plot business strategy when he was hired by an investment bank to predict the likely outcomes of the landmark NTP v. Research In Motion case. In the time since, he and his firm have come to represent six of the 10 largest patent filers in the United States, and Lee has become a recognized evangelist on the rise of intellectual assets in the U.S., China, and beyond. Lee gathered his colleagues at Lee & Hayes, some IP experts and others business strategists, raised funds, and went to work assembling the technologies and talent behind IP Street today.