In order to develop IP Street, a team with diverse talent has been assembled. Our founders, Lewis Lee, Art Coffey, and Rick White represent the heart of IP Street. As a patent attorney, Lewis has seen a need for IP-intelligent tools to help people in their business endeavors; in fact, Lewis co-authored Managing Intellectual Property Rights to meet this need. After co-founding his law firm Lee & Hayes in Spokane with another entreneurial attorney, Dan Hayes, Lewis has interacted with a lot of inventors who specialize in information-systems technologies. He has also counseled executives, boards, and financial professionals on IP strategies and how to leverage IP for business purposes. His desire to help people understand the importance of IP assets within his IT-steeped environment sparked Lewis to an idea that has become IP Street. Simply stated, Lewis sought to create a company that utilizes cutting-edge analytics technologies to simplify the complexities of IP analytics and provide transparent, intuitive, and meaningful IP intelligence that business people can understand. To make this idea go, he surrounded himself with people who have been successful in the business world. Art had enjoyed a long and successful business career, serving in roles of CFO, Presiden, and CEO of a NYSE-traded company. Art's business experience brought a perspective of how business strategists and executives think. Rick, a trained corporate attorney, has also enjoyed success in the political arena, having served in the US Congress for the high-tech district of Washington State that encompasses Microsoft. Rick brought a public policy dimension to the formative years of IP Street, allowing us to better understand the societal needs for an innovation driven economy. Details of this team can be accessed at: The IP Street Team.
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.
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.
Patents to plants which are stable and reproduced by asexual reproduction, and not a potato or other edible tuber reproduced plant, are provided for by Title 35 United States Code, Section 161 which states: Whoever invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state, may obtain a patent therefor, subject to the conditions and requirements of title. (Amended September 3, 1954, 68 Stat. 1190). The plant patent must also satisfy the general requirements of patentability. The subject matter of the application would be a plant which developed or discovered by applicant, and which has been found stable by asexual reproduction. To be patentable, it would also be required: (1) That the plant was invented or discovered and, if discovered, that the discovery was made in a cultivated area. (2)That the plant is not a plant which is excluded by statute, where the part of the plant used for asexual reproduction is not a tuber food part, as with potato or Jerusalem artichoke. (3) That the person or persons filing the application are those who actually invented the claimed plant; i.e., discovered or developed and identified or isolated the plant, and asexually reproduced the plant. (4) That the plant has not been sold or released in the United States of America more than one year prior to the date of the application. (5)That the plant has not been enabled to the public, i.e., by description in a printed publication in this country more than one year before the application for patent with an offer to sale; or by release or sale of the plant more than one year prior to application for patent. (6) That the plant be shown to differ from known, related plants by at least one distinguishing characteristic, which is more than a difference caused by growing conditions or fertility levels, etc. (7) The invention would not have been obvious to one skilled in the art at the time of invention by applicant.
Although, the length of utility and plant patent protection (patent term) was previously seventeen years from the date of patent grant, utility and plant patents filed after June 8, 1995 now have a patent term of up to twenty years from the date of filing of the earliest related patent application. Utility and plant patents which were applied for prior to June 8, 1995, and which were or will be in force after June 8, 1995, now have a patent term of seventeen years from the date of patent grant or twenty years from the date of filing of the earliest related patent application, whichever is longer. Utility patents are subject to the payment of periodic maintenance fees to keep the patent in force. Patent terms can be extended under some specific circumstances. See the U.S. Code Title 35 - Patents for a full description of patent laws. Understanding patent duration is important and here at IPStreet.com, we care about your patent duration, threats of patent infringement and the value of patent business intelligence.