The 2011 American Invents Act (AIA). 20-year, non-renewable, exclusive right to make, use, or sell the patented inventionAn application for a US patent must be filed with the PTO. Also within the application there must be the 'best mode' or the 'preferred embodiment' for implementing an invention, must contain a thorough and concise description of the invention and drawings that would allow someone to create a working version (the Enablement Requirement)An invention does not have to be invented in order to become patentable What is a provisional patent application? Who uses these most?defers any fees associated with patenting but gives a patent date if the applicant files a regular application within one year without making any material change in the description. Used by universities and small businesses a lot.What is prior art?Evidence of what others have previously done in the relevant technology field including apatent anywhere else in the world, a printed publication anywhere else in the world, evidence of a public use of the invention somewhere in the US even if that use was not enabling, or sale of the item somewhere in the USFor an invention to be patentable, it must be:1.Patentable subject matter 2.Useful 3.Novel4.The result of a patent application that was originally filled within one-year after certain actions that revealed the invention 5.“nonobvious”Inventions that may be patented include:1.machines2.manufactures (aka products)3.compositions of matter4.processes 5.any improvement on the first four categories that itself meets all of these requirements regular patents are sometimes referred to as utility patents “design patents” – non functional ornamental design elements in a functional product
What are some things that cannot be patented?naturally occurring substances and abstract ideas, though particular applications of these things can be patentedIs software patentable?as long as the patent attorney is very careful to draft the "claims" (discussed later) in the patent application to include language showing that physical parts of a computer are an essential part of the inventionPatent trolls – an entity that buys up patents, makes no effort to commercialize the underlying inventions, but lurks in the shadow until another party has invested money and resources in a business or product that may infringe on a under-utilized invention what is non-obviousness?if an ordinarily skilled practitioner would have viewed the invention as a trivial or obvious advance over the cumulative prior art, it is obvious. Can use multiple instances of prior art.What is does Hired to Invent mean?if an employee is using company time and resources while inventing, the invention belongs to the companyWhy is it sometimes hard to identify trolls?
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- Spring '08