03-Intellectual Property Mosaic

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Slide 1: 

Intellectual Property Creation & Management for Emerging Growth Technology Companies Intellectual Property Mosaic

Slide 4: 

Intellectual Property Creation & Management for Emerging Growth Technology Companies Intellectual Property Mosaic

Intellectual Property RightsOverview : 

Intellectual Property RightsOverview

A Patent is a Contract With the Government: : 

A Patent is a Contract With the Government: The inventor teaches the world about his invention . . . and in return, . . . the inventor gets the right to exclude others from practicing the invention for 20 years from the filing date.

Requirements for a Patent A process or device that is: : 

Requirements for a Patent A process or device that is: Useful Novel Not obvious/ Inventive Step

THE SEVEN FACETS OF MODERN TECHNOLOGIES : 

THE SEVEN FACETS OF MODERN TECHNOLOGIES Technological (Laboratory and Algorithmic) Principles Process Software Materials Components Equipment and Devices Systems Downstream Business Infrastructure (Production, Distribution, Sales Facilities, etc.) Applications Applications

Certain Categories Are Not Patentable: : 

9 Certain Categories Are Not Patentable: Laws of nature Natural phenomena Abstract ideas and until recently… Business methods

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It’s Been Said That: Business process inventions are all obvious The “WOW! I could have thought of that!” syndrome Fact is: All great inventions are elegant and simple in hindsight Many business process inventions have proven, by commercial success, that they have solved significant problems in their industry Business Method Patents

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It’s Been Said That: Business process inventions are “special.” They are easily identified as a group and require special handling. Fact Is: All process inventions consist of a series of discrete steps Business processes are indistinguishable from many other types of inventions They pass the same tests for patentability Business Method Patents

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Compare: A process for manipulating data to control an electron beam to expose a semiconductor device A process for manipulating data to control the investment of moneys to accomplish an investment strategy Business Method Patents

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Both are a series of steps to manipulate data representing a physical thing Both involve the same technology: the collection, conversion and processing of data on a technological platform The only distinction is the field of application Business Method Patents

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It’s Been Said That: Business method patents are of lower inherent quality than other patents - for example high-tech patents Fact Is: All patentable inventions pass the same patentability tests! New, nonobvious, and adequately disclosed Business Method Patents

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It’s Been Said That: Business process inventions are reconstituted versions of older established processes Fact Is: The ones that are, are invalid. The same as in any other technology Patent rights are defined by the claims - not by the trivialized concept applied by those who do not read claims Business Method Patents

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It’s Been Said That: Patents are not necessary in the business method arena Fact Is: Investors want them - they are tangible company assets They are important to the short and long-term viability of a business for exclusivity and for licensing value Business Method Patents

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It’s Been Said That: The patent office cannot search, examine and issue quality patents in this area Fact Is: All new technologies pose start-up challenges in the PTO Given the right resources and relevant prior art, the PTO can do these as well as any other technology The process works best when applicants work cooperatively with the PTO Business Method Patents

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Some Also Say That: Business process patents are bad for the industry and the economy Actually: Historically, patents stimulate an industry Empirically, we can all see the U.S. is a world-leader in e-commerce and technology in large part due to our patent system. Business Method Patents

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It is expensive to innovate, test and develop a new business Business process inventions are part and parcel of e-commerce They support entire new forms of commerce And breathe life into older brick & mortar businesses Why Business Method Patents Really Matter

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The technical barriers will drop almost to zero in many markets, with more pressure to use IP law for commercial advantage. Intellectual property will dominate product differentiation in commodity markets. The highest market valuations will go to companies that have a competitive advantage in the form of assets that are difficult to reproduce legally. Consider The Power of Patents . . .

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Injunction: One claim in one patent can put you out of business. Damages: 3 times actual for willful infringement. Economics: The cost of getting a good patent is a lot less than the cost of defending even a small patent suit. Consider The Power of Patents . . .

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Intellectual property rights, especially patent rights, protect recurring business income from competitive threat. The financial community may figure out how to value intangible assets (e.g., patents and other forms of intellectual property) on corporate balance sheets. Consider The Power of Patents . . .

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Intellectual Property Creation & Management for Emerging Growth Technology Companies Intellectual Property Mosaic

www.HULSEYIPLaw.com : 

www.HULSEYIPLaw.com

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