Patent My Idea

As the technology and intellectual property consultant in Carlsbad, San Diego, California, Newport Beach, Orange County, CA, and a lawyer in the Palm Springs and Palm Desert area, as many of those that hold promise for the future, new developments in the technology again and again to catch the eyes of other people.

Whenever current events, such as the current economic crisis, which gives rise to the news, gloomy, an inventor or a scientist has a surprising new discovery or obtain a patent that could be a monumentalHelp mankind.

A recent report came out that the Chinese had built what we thought an impossible space drive, which not only opens up opportunities for a large area that is greater than exploration, but could also return any kind of travel – and if it is reached. While other scientists downplay the announcement is unlikely that might be trying to duplicate their efforts, so that proves this discovery is correct, it may offer advantages, the Chineseto other countries if it can, the engine and drive this new area will not be matched by the United States

This player EMdrive or electromagnetic theory of relativity, is regarded by other scientists who violate the law of conservation of momentum and is a mere perpetual motion devices, which repeatedly refused repeatedly stigmatized.

But the researchers behind the United Emdrive that the engine is not a perpetuum mobile, and that rather than at odds with Einstein, the basison Einstein's theories are correct.

Another scholar who has in the Chinese project experience microwave plasma engines and it is reported that the principles of the technical design of the two engines are similar.

Whether this new technology is proven to be feasible or not, technology will eventually be developed to reach either a long trip to little or no energy use. However, when we see the potential for long-haul travel in space and usethis technology from satellites, but there is hope for the future on a day trip on the highway with a reduction of pollution.

Although it is unlikely that we will soon this technology will see at Wal-Mart, one can imagine how this technology or enhancements to the many modes of travel could make cheaper and less wasteful of energy in the future.

As a patent attorney, one can only hope that other U.S. scientists studying the possibility of this discovery and improveon them so that they are patented by the U.S. interests.

In the field of new technologies for the travel and the automobile industry, the researchers are constantly looking to develop materials that absorb the energy of an impact without damage to the occupants. If the vehicles might one day have consequences and not only absorb energy but use it, the future seems much safer and cheaper travel.

Traveling together on the roads and highways would be safer, quieter, more energyeffective and better for the environment, such as engines and materials could be manufactured cheaply and without the same amount of energy saved by these vehicles.

It is always a disadvantage though. Imagine if you will, the ability to operate and cheap advanced in a state or across the country safely and without contamination of your vehicle and technologically. Imagine now if you want, how many other vehicles on the highways, how to be.

Introduction

Patents are the essence of the message that was what the EU and the EC set up to fight against protectionism. Patents are supposed to make innovation profitable. Patents to be "inventors" have decided to combine two elements, in particular, whether anyone else has done, or at least no one has been granted has ever published. Patents to protect an invention in the "development" phase, during the transition from prototype toMass production.

Ideas

Move it easily, especially if you work on a specific area on a daily basis, instead of pursuing an asset is "patentable". Ideas should not be "unprotected and easily copied," it prevents an entrepreneurial spirit, a concept that our nation was founded.

Patenting

The patent, by definition, is to prevent the use of technical (non-owners), so that there is always something negative done in the research, but it is never tooopen, as though, if the owner refuses) said (or not able to be prevented by other patents in order to provide the technology so that patented research in pure loss for humanity. Patenting an idea is new and not just novel can actually slow or prevent innovation by the idea that investigated fully by the competitors could be that applications for the really new idea to have. Patenting of software inventions is to divert investment Researchand development. Patent an idea * is *, by definition, a killer of innovation. Patenting Storylines crush the publishing industry and all the writers.

Inventor

Inventor must know that do not enforce patents themselves. Inventors can make a petition to special expedited review of their U.

Patents are a privilege, whose costs are borne by the public. Patents are the secrets of open source success. Patents are generally intended to coverProducts or processes, or have contain new functional and technical aspects are patents, for example, how things work, what they do, how they do what they're made or how they are facts. Patents are for printing in PDF or Tiff file.

The patent family is a series of patents that are all related documentation, in this case by the priority of priorities or a particular patent. Since the patent protection is territorial, and if a company or a person who wants his invention in one or more countries must apply for patent protection in these countries – either to protect by filing a national patent or on request via one of theSeveral roads (EP or PCT).

Arranged the Paris Convention for the Protection of Intellectual Property in 1883, that:

Further submission must be made within 1 year (6 months) for designs in order to seek the protection of priority until the time of application.
Subsequent filing include the priority filing number and date and the number of new registration and the date.
The earliest publication (usually a published application) for the publicInspection shall be 18 months from the priority date.

All publications by a common priority number are connected, as equivalent and defined the family members closely related patents. In some cases, complex relationships between publications. This leads to several, but the program give priority to other countries or distribution, or continuations-related part.

Differences in patent families

STN: ThePatent information and files CAplus family WPINDEX INPADOC STN is very complete. Difference may appear on the underside of courage countries, codes of patent protection and the timing of changes to the configuration. But they are not very accurate, as we have checked it for several patents, and the information from databases, which compares certain Land Registry. Especially EP register is the latest.

INPADOC: INPADOC patent family also all defineddocument sharing directly or indirectly (eg via a third document) at least one priority. This includes all patents from a patent application in a first application filed with the Patent and registered the same patent application within one year after the priority of a Patent and Trademark Office in any other country.

Derwent: Derwent patent family uses a different mechanism, it contains all the patentfor an invention in a registration database. As a rule, a record in Derwent WPI (File 350/351/352) dialog box, an invention, and all is collected in the Derwent patent on this invention.

In conclusion, currently there is no single platform and a mechanism for the collection of patent families. The best source is the database in each country to register, but most countries do not have access to on-line – These recordsSystem. Thus, a patent professional will need to consult the database of the patent, patent family for more information on the legal status before making an important decision.

Preliminary designs

Preliminary designs are for inventors who have a patent spread quickly, but have no time to wait for a regular. By filing a provisional patent application, the invention is granted a "temporary" patent, have been submitted to a meaningful application.

A provisional patent application is a low-budget version of the patent process. It is usually done by companies or inventors who want to knowan inexpensive way to create an application with utility models and brands file. Reduce the reason why many people prefer to file a provisional application is due to the fact that a provisional application can be used if an invention must be modified or changed during the life of invention, and the amount of money in the patent process. The provisional application is also used by the inventors to increase the number of years on the patent. For theseReasons, many people are on a temporary and not as a regular patent application.

Like any other type of patent, Patent and Trademark Office is responsible for the temporary use. Some things to consider:

• You are no longer valid for one year after the filing.

• Because they have such a short time of termination, the procedure involved in a provisional application is not so intense and so complicatednot be used as preliminary.

• The Patent Office does not complete a thorough review of these applications when they are submitted.

Other differences between the provisional and regular patent applications are useful, viewed in the information available to them.

As already mentioned, patent applications usually with detailed drawings of the invention, shall be considered, applicants for patents, designs a preliminaryApplication need not be like a standard service program in detail. Another important difference with a provisional application is the use of information. Claims must be filed in order to fill a standard form, but not in the case of provisional application that claims due to address with the request. In general, a provisional patent application as an owner of a queue for regular use or nonprovisional utility that will later be presented after useprovisional application expires. Think you are presented with the provisional application, the protection of space on the line for the nonprovisional application to a later date.

Make sure you read this section carefully to see if a utility is useful for your business.

Hundreds of thousands of patents are filed every month in the world. There was an increased activity of all competitors in all areas of technology. This leads to significant technological advances since the emergence of innovations.

All these specifications are currently in batches were free base and commercial knowledge. As expected in the next 10 -20 years, there is considerable increase in the patent filing process and much more in technologybefore. It is one of the reasons why many outsourcing companies developed since the last 3-4 years in India and most of them are better and provide quality services. But most of these companies, which not in India but allover the world, conventional methods of patent research, analysis and preparation of patent maps.

So there was great opportunity to strengthen and improve the patent process and approach used by most experts, followed ifOutsourcing companies in the field or in their own IPR cell.

I have engaged in patent length and still trying to learn new things and to create previews. Classical method patent search involves the identification of keywords, concepts and applications in combination with various search operators (from different databases on the database) in the light of logic and concept of invention or technology. But the one thing that most researchers jumpUnderstanding the behavior database. It is very important to find the document relevant to top and see if you have a clear understanding of the behavior of the database, so if you run a query, you should be able to understand what happens within the database before the advertisement the results before you.

Likewise, there are many areas in the IP will be improved in order to be on the growing knowledge base in the future.

The patent landscape is a tool for viewing complex patent landscapes, ie create valuable information. After Germeraad Paual, former Vice President for Research, Avery Dennison, "Frankly, it is incomprehensible why a company at this time also the work of R & D experiment without the ideas, the patent mapping there. It as the attempt to your future business needs blind navigate without a map.

The maps are a graphical representation of the variousInformation gathered from various sources. Communication card is the component of the thematic mapping, is found to be one of many possible outcomes of the knowledge base. The maps are tools for researchers and a specialist in patent searches and make patterns and relationships between the data assigned. Behind The association is an important part of our thinking. We all connections with time. This ability is of great importance in the fieldPatents.

Rational mapping patent is like the distillation of the interpretation of large data sets is often complex and poorly defined in one or more high-value presentations organized useful in business decisions. Patent mapping is the clustering, aggregation, and further work to the value of technology patents to extract in order to highlight certain characteristics and can thus information on the technological developments in a particular field of technology.

There are no shortBoundaries of the presentation. This makes the patent landscape that much art as science, because it must ensure that these representations can be an instrument of knowledge instead of acting visual tools.

Due to globalization in recent awareness in the field of intellectual property, Taiwan has its laws on intellectual property has recently been revised several times to strengthen the protection of intellectual property and its patent law to make international standards. Therefore, most people are not well known, the various legal implications particularly in the area of prosecution of patent and trademark piracy. Infringement of patents generally relates to the use of a patent without the consent of the patenteeOwners. It includes:

Manufacture of patented products,

Offer to sell a patented product, sell, use or importation of patented protected product patent area

With the patented process or method, and
Use, sale or import of products or goods made by the direct use of the patented process produced

According to Article 56 of the Patent Law of Taiwan, "the amount should be determined in the patent rights to an invention based onClaim (s) included in the specification of the invention. The descriptions and drawings of the invention can be used in the claims in the patent application as a reference when interpreting the scope.

Thus, patentees and exclusive licensees in May claiming compensation for damage to any direct or indirect violation of the parties caused the patent within two years from the date they are the offense, or within ten years from the time aware of the breachto act if they had not previously known, in accordance with Section 84 of the Patent Act.

The remedies available to civil function of the patent law in Taiwan, under Article 216 of the Civil Code:

Claims for damages

The destruction of counterfeit products,

Destruction of materials used to produce counterfeit goods

Publication of the decision of the court in a journal and

Any combination ofabout

In addition to Article 85 of the patent describes two methods to quantify the damage caused by an injury. The first is to subtract the) profits by the patentee by the use of his patent made after the crime, b) the result is usually through the use of the patent over the same period as expected. The second method is of the opinion that the profits from the sale of the offender, counterfeit goods. The court in both cases, it mayincrease the amount of damages awarded, if it finds that the act of willful infringement. There is no action and criminal prosecution for patent infringement in Taiwan.

They have a patent. They spend blood, sweat and sleepless nights, so that your baby increase adulthood (patent). Now has a kidnapping instead. Someone else is using your children how to get a profit of godless. It must stop.

What's your take? Well, that is) the natural flow of events of patent litigation. The following steps are of increasing severity (and costs. Their goal is not to go to court, but often enough pressure on the person who hurtor a company, so that they admit the just claims. However, it makes no sense to put out a profitable business. What makes sense in their profits plunge.

1. Gather evidence for patent infringement

You need a database for criminals. Purchasing counterfeit products. Document the number and extent of injuries. The more you know your rights are violated, more if youhave.

2. Notify the offender

Maybe the person did not know they were violating your patent. If yes May, they immediately begin to negotiate. If yes then have your travel expenses. If not, then you need the next step.

At this point, you should talk to a patent attorney. Yes, it's expensive, but do not throw a thousand dollars for would not spend a penny. If you have an error in the application, youcan cause problems and possibly even on the defensive from the first day!

3. Bringing a patent

This is the attention of criminals. When they refused a violation of your rights in step 2, they are now more interested in reaching a settlement. It is, however, can be in your best interest to provide the settlement.

4. Take your patent dispute in court

The trial preparation, discovery,Experts, etc. are expensive. But the study itself is even more expensive. But this whole process is designed to put pressure on the enemy when they have done something wrong. If the pain (of money and time invested) is too great when the opponent rather negotiate. Negotiation and settlement is what you want. Do not be too greedy or expenses could go through the roof.

It is again seen that the Supreme Court again decided to review a controversial patent decision by the Court of Appeals for the Federal Circuit to. The question this time: when were the rights of the patentee a license agreement and subsequent sale of the product exhausts the license.

In 2007, the decisions of the Supreme Court in KSR v. Teleflex and MedImmune v. Genentech and its 2006 decision in eBay v. MercExchange, he has changed the landscape> Patents, rejecting the views of the Federal Circuit – the same court, which was created to help bring uniformity in patent law. The highest court in the country has the opportunity to do it again.

On 25 September, the court certiorari in Quanta Computer v. LG Electronics, which was decided by the Federal Circuit, such as LG Electronics v., Bizcom Electronics, 453 F.3d 1364 (Federal Law Gazette Cir. 2006).

In the search for review by the Supreme Court, Quanta and the other petitionersQuestion asked the Federal Circuit doctrine of exhaustion – also known as the doctrine of first sale – to argue that it contradicts almost a century of jurisprudence of the Supreme Court. LG said that the applicants are looking for a mountain of a molehill in this decision, the Federal Circuit on the unique circumstances of each case.

The question will be decided by the court, as the request for reconsideration "is marked, whether the Federal Circuit committed by conflictDecisions by the Court and other appellate courts that the patent rights of the defendant had not exhausted by its license agreement with Intel Corporation, Intel, and subsequent sale of the product under the license to petitioners. "

Circuit Finds exhaustion

The case concerns a number of patents, the LG licensed Intel and Intel later sale of the products to third parties under this license. LG patents relate to various systems and methods for improving theOperation of the PC.

As part of its license with LG was authorized to sell Intel microprocessors and chipsets to third parties. However, it was necessary to the buyers that they not be entitled to inform the Intel products with Intel to connect components together. That was because the patents of LG products that are not directly covered, but the process resulting from their combination with other components.

LG sued a number of companies that have bought Intel processorsand chipsets for the violation of their patents. The court granted summary proceedings in the case finds in favor of the buyer that the license agreement the patent rights of LG exhaust.

On appeal, the Federal Circuit has reversed the trial court exhaustion. The exhaustion, the Court of Justice, applies only to direct sales, which exhausts the patent holder the right to later use of the purchaser to control the device. It does not apply for a license subject to theor sell, the court.

Since the license from LG to Intel from the condition that Intel had warned customers of its limited scope, has set the license has been suspended clear, the court ruled.

"The LGE-Intel license expressly disclaims granting a license to manufacturers of computer systems, the parts under license from Intel can with other components of Intel," said the court. "In addition, this agreement with Intel suspension, informing its customers of the small scale of theLicense, which she did. Although Intel was free to sell its processors and chipsets, those sales were conditional, and Intel's customers were expressly prohibited from violating patents on combination of GEP.

In contrast to the case?

When asked the Supreme Court the decision of the Federal Circuit, Quanta and the other applicants review have argued that demand for the Federal Circuit of the exhaustion doctrine was contrary to the Supreme Court, however, clearlyPrecedent.

"The doctrine of exhaustion of patent, the court applied for more than 90 years, wrote," they in their request to review an initial authorized sale of a patented article exhausts the patent holder's rights in this section and replace all "conditions", that the patentee was trying to attach to its use or resale.

The Federal Circuit decision was also in direct conflict with the decisions of the Supreme Court, the petitioners, and was "aunprecedented and extremely dangerous to extend the patent monopoly. "

LG in the fight against the application for certiorari, petitioners argued that the importance of the case were exaggerated.

"The petitioners strive to be a problem in the doctrine of the regulatory authorities in the vicinity of a specific case," said LG. "The Federal Circuit disagreed … case, the trial court for an accurate assessment in relation to the handling of this case and referred the case to the District Court for the study. …This tentative decision is not a problem to justify consideration. "

In deciding to hear the case, the Supreme Court apparently disagreed with LG and saw a reason for a revision. He paved the way for perhaps more disturbing the Federal Law on Patents circuit.

The court ordered to submit briefs on an accelerated timetable. To date he has not set a date for a hearing.

If you want to take seriously about an idea and see it transformed into an invention in itself, it is important to maintain a form of patent protection, at least to the "Patent Pending" status. Otherwise, it is unwise to advertise or to promote the idea, because it is easily stolen. More than that, companies need not approach you take seriously – and without the patent-pending status of your idea just that – an idea is.

1. Whenhas an idea for an invention?

Each time an idea is patentable, it is known as an invention. In practice, this is not always clear and may require external consultants.

2. What I talk about my idea of the invention to someone?

Yes, you do so. Here are some reasons why: First, to determine if your idea is patentable or not, whether a similar invention anywhere in the world, ifsufficient commercial potential to justify the cost of patenting, finally, to prepare for the patents.

3. How can I discuss my ideas safely and without risk of loss?

This is a point where many would-be inventors to stop by their idea, because it seems complicated and fraught with dangers, not counting the cost and difficulty. There are two possibilities: (i) Dealing with patent attorney of good reputationWhich by the nature of his office to keep your invention confidential. However, it is an expensive option. involved (ii) by the approach of professionals in the promotion of the invention. While most companies encourage the leading person to keep your trust, it is better to agree on a confidentiality agreement, a legally binding document in which the person promised solemnly to keep your trust in matters relating to your invention consisting of the advance were not known. This is a relatively safeout and cost effective manner and for financial reasons, it is the only way for the majority of new inventors.

4. About confidentiality agreements

The confidentiality agreement (or non-disclosure agreement) is a legally binding agreement between two parties where one party is the inventor or a delegate of the inventor, while the other party is a natural or legal person (such as companies), which the confidential information. Of course, this type of arrangement islimited use, because it is not suitable for advertising or public relations for the invention, it is not designed for this purpose. Another point is to understand that the confidentiality agreement is not a standard form or content is, it is often created by the parties or other resources like the Internet. In case of dispute the courts of such an agreement, in most countries must honor if they find that the wording and content of the agreement legallyacceptable.

5. When a crisis of the invention applied for a patent?

There are two important aspects: First, you have the necessary attributes are not your invention to be patentable (eg, novelty, inventive step and the potential benefits, etc.), secondly, should a special need for the idea and to expected market for access to the invention.

6. About Patents.

Patents are public documents and fully disclose an invention and, ifare the inventors of a legal protection against unauthorized use (Note: A confidentiality agreement is a personal information during the patent) Disclosure. Patents can be bought and sold, so that the holder of a patent may not be the inventor. Also, it is possible to maintain the patent, while the right to sell to use it. This is the meaning of the phrase "manufactured under license.

What follows is the most important patenttypes:


• Provisional Patent Application


• Final (Utility) Patents


• Design Patents


• Plant Patents


• International Application *

* The so-called International Applications (or PCT applications) are applications for Utility Patents simultaneously in several countries. There are certain savings compared to making separate applications in taking out individual patents for the countries in question, but the result is the same, the Applicants ends with individual patents for each country and have the patent fees and individual extension to pay. There's nothing like an international patent
Some types of patents will be discussed briefly above:

7. What is a provisional patent?

It is a simplified version of the final (or utility) of patent and provides comprehensive protection against international priority for 1 years. Then have to runthe final patent, or you will lose the protection granted in the meantime. The draft specification is the cheapest form of legal protection in the world and was designed with departure on inventors. An important aspect of a provisional patent application is that the case with a patent office, he will remain "dormant" and will not be considered until a legal challenge, for example, someone patents a similar invention, and there is no doubtBoth were the first. Here's an important point: An examination of the two patents, it sometimes occurs that the first applicant will be punished because of poor sound is temporarily writing. While it is perfectly legal to write and file your own patents in order to save the cost of preparation (you still need a filing fee) are paid, it's usually something very stupid act, because it can not be sure whether your invention protected or not. This applies to both temporary andFinal patent. Even if it is not necessary to file a provisional specification, as you seek the right to a patent right away, it is generally not recommended.

The advantages of this type of process patents are the following:

(i) a provisional specification allows you to edit within a year, without having to apply. This is very useful because it helps to protect the invention while still in development. It is not possiblewith the patent system.

(ii) the provisional patent application provides protection a priority internationally for a year, this aspect is better than for other types of patents that apply only to a particular country.

(iii) the provisional patent application provides a "breathing space" – a whole year to look around a potential donor, someone who might be willing to make up for the patenting of final salary.

(iv) there are significantEconomies, the estimated cost of the patent application 10 to 12 times less than other forms of patenting.

When considering this form of patents, it is recommended that the agencies in this type of procedure (eg http://www.newinvent.com experienced revolution)

8. Over the final patent (utility model)

This is the final unchangeable form of your invention. In most cases it is having a formal structure to such things as the historyLiterature, the disclosure of the invention, claims, embodiments, examples of practical use, detailed information and drawings, etc. It is your invention for 20 years from the filing to protect and you will receive an official document of the patent after it fully tested and been adopted. Normally it takes 12 to 18 months for a patent after the last application. It is more expensive is about 10 to 12 times, prepare a provisional patent application, and must be purchased foreach country individually, so it pays to be a very expensive procedure, the filing fee in each case. It is particularly so if the protection is needed. In more than one country. Therefore, a certificate should be taken only where it is justified, for example, if someone wants to develop his invention and want to buy the patent rights.

9. Following the procedure of the patent

According to the patentobtained, is also in the form of a utility patent or a provisional patent application, it is advisable to advertised as widely as possible to the large amount of patented inventions highlight is valid (approximately 50 million today). The website "showcase for patents and other organizations specializing in this area and advise on the situation when the problem happened.

Author: Dr. Stephen G. Szirmai

ivnet@yahoo.com