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By: Vihar R. Patel VRP Law Group, 201 E. Ohio Street, Suite 304, Chicago, IL 60611 P: 312-854-7090, F: 312-376-8751, Web:

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Presentation on theme: "By: Vihar R. Patel VRP Law Group, 201 E. Ohio Street, Suite 304, Chicago, IL 60611 P: 312-854-7090, F: 312-376-8751, Web:"— Presentation transcript:

1 By: Vihar R. Patel VRP Law Group, 201 E. Ohio Street, Suite 304, Chicago, IL P: , F: , Web: Blog:

2 Disclaimer This Information is being provided only for Educational Purposes. It does not constitute legal advice and you should consult an intellectual property lawyer for legal advice relating to your situation.

3  Barriers to entry by competitors.  Leverage knowledge, goodwill, and exclusivity allows you to be the first to improve current product or service.  Method of developing additional revenue streams by adding licensing, franchising or joint ventures to your business plan.  Access financing, additional partners, or markets.

4  Patent, copyright, trademarks, trade secrets, trade dress, misappropriation of likeness, privacy torts, etc..  Budget for development and enforcement of IP  Nature of product or service provided-sometimes defines IP right.  Plan for growth (licensing, franchising, joint venture, acquisition, etc…) Copyrights Retained by Vihar R. Patel and VRP Law, P.C. (Initial September 2011, Revised January 2013)

5  Applications having an effective filing date on or after March 16, 2013, will be examined under the AIA’s first-inventor-to-file provisions  The USPTO uses prior art as evidence to determine that a claimed invention is ineligible for a patent, but this evidence must be available to the public before the effective filing date of the claimed invention  The date that a claimed invention is invented is no longer relevant for purposes of determining eligibility for a patent.  A published U.S. patent, a published U.S. patent application, a published PCT application designating the U.S. could be considered as prior art  WILL BE prior art against a claimed invention if they  name another inventive entity and have an effective filing date prior to the effective filing date of the claimed invention  The USPTO uses prior art as evidence to determine if a claimed invention is ineligible for a patent Copyrights Retained by Vihar R. Patel and VRP Law, P.C. (Initial September 2011, Revised January 2013)

6  If an inventor files for a patent  U.S. patent  Published U.S. patent application  Published WIPO application  Patent that discloses the subject matter of the claimed invention  Those documents will not be used as prior art if the subject matter was gained directly or indirectly from the inventor  Was already disclosed by the inventor  Disclosures were made within one year of the claimed invention’s effective filing date  Subject matter disclosed and the claimed invention are owned  Under obligation of assignment to  Same person prior to the effective filing date  Patent or applications containing the disclosure WILL NOT be considered as prior art against the claimed invention Copyrights Retained by Vihar R. Patel and VRP Law, P.C. (Initial September 2011, Revised January 2013)

7  Have you fully reduced your invention to practice.  Does it work?  Have you developed a commercial embodiment or product that can be offered to consumers?  Are you ready to attempt to acquire regulatory approval?  Have you performed a clearance search?  Have you identified what the industry and commercial advantages of your invention are?  Can you demonstrate that it is something that does not currently exist or easily created from existing publications or inventions?  Can I protect my invention via trade secrets? Is it something that can be easily reverse engineered? Chemical formula for Coke. Copyrights Retained by Vihar R. Patel and VRP Law, P.C. (Initial September 2011, Revised January 2013)

8  Is my machine, method, or product new and non obvious?  What is the commercial value of the machine, method, or product?  Should I register with the US PTO?  What do I do to respond to cease and desist letters?  Do I need to have a licensing agreement and limited licenses?  How do Patents fit into my overall business plan? Licensing, use of independent contractors, distribution partners, manufacturing partners, etc... Copyrights Retained by Vihar R. Patel and VRP Law, P.C. (Initial September 2011, Revised January 2013)

9  A computer programmer develops a software application for mobile phones.  The application is called RadTag and allows individuals and online retailers to send targeted advertisements for local services and goods based on the IP Address of the mobile phone user.  RadTag obtains the IP Address from the users by having them download an application that allows for searching, mapping and finding of local retailers offering goods or services that an individual is looking for. Also, allows for placing orders, reservations and setting appointments. The application automatically records IP Address and updates it based on the User’s location every 5 seconds. Copyrights Retained by Vihar R. Patel and VRP Law, P.C. (Initial September 2011, Revised January 2013)

10  Monetization Method: Listing fee for retailers to be included in the database, a per use fee from the user that charges for orders placed or reservations made from mobile phone, advertising fee from retailers to have real time based targeted or keyword advertisements for RedTag Users.  The Mobile Application is available for download from the RedTag.com and from the Google Play Store. The owners are working getting contracts to have the application included in the Apple Play Store, and with the Major Communications Carriers (T-Mobile, Verizon, AT&T, U.S. Cellular). Copyrights Retained by Vihar R. Patel and VRP Law, P.C. (Initial September 2011, Revised January 2013)

11  What if anything has RedTag LLC developed that is patentable?  Are they barred from seeking patent protection?  What should they do to ensure that they can acquire a patent?  Can they keep anything as a trade secret instead?  Will they be able to develop a portfolio of patents? Copyrights Retained by Vihar R. Patel and VRP Law, P.C. (Initial September 2011, Revised January 2013)


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