 national legal protection for an invention  invention = solution to a real-world problem that works for its intended purpose  exclusive right to prevent.

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Presentation transcript:

 national legal protection for an invention  invention = solution to a real-world problem that works for its intended purpose  exclusive right to prevent others from practicing the invention for 20 years

“Modern folklore includes many mystical entities, such as Santa Claus. [I]n the minds of young children, Santa Claus’ arrival is denoted by the presence of … presents under the tree and/or … stockings filled with treats. However, none of these customary practices … provides a … stocking which is capable of being selectively illuminated to signal the arrival of Santa Claus.” (1/12 – 1/39.)

 Title Page  Drawings  Detailed Description  Claims  Everything Else

 patentable subject matter  utility  novelty  non-obviousness

Legal TimingOwnership Business MoneyValue Are patent rights available? Should you apply for them?

 Will I get a patent on my invention? ◦ evaluate differences between your invention (i.e., the claims) and the prior art  Are they ripping off my invention? ◦ evaluate differences between your invention (i.e., the claims) and their product

 We all love pizza.  How do you prevent the inside of the upper lid of the pizza box from contacting the cheese, making a gooey mess?

Invention Claim (v. 2) A lid support comprising: a platform, three support legs, and a serrated edge connected to one of the support legs. Is the invention patentable over the prior art? Prior Art (v. 1)

Patent Claim (v. 1) A package saver comprising: a platform, and three support legs. Product (v. 2) Can the product be made without risk of infringement?

 Option 1 – Let’s work together! ◦ We will both make lots of money on pizza!  Option 2 – Fight it out! ◦ Our lawyers will make lots of money!  What about the public? ◦ How long must we suffer? OR

 Inventions can make a lot of dough!  File before disclosing.  Critically evaluate the commercial merit of your invention early.