Patents Ryan Dickey. Patent Law What is a patent? Congress says: The right to stop people from using your invention. Who can you stop? “whoever without.

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Presentation transcript:

Patents Ryan Dickey

Patent Law

What is a patent? Congress says: The right to stop people from using your invention. Who can you stop? “whoever without authority makes, uses, offers to sell, or sells any patented invention.”

Who gets the patent? Congress says: The first inventor. Volunteers?

Big changes to patent process! Effective March 17, 2013, the U.S. patent system awards a patent to the first inventor to file an application (a.k.a First to file) First to file is similar to the rest of the world Why do you think first to file better than first to invent?

Who gets the patent? For example: malaria vaccine

What if you want to build a new drug? In 2003: Average development cost: $802M Average development time: 7.5 years (from clinical testing to marketing approval) Average number of patents: 3.3 patents

The Congress shall have Power.... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. The Constitution Article I, Clause 8:

Trademark Copyright Trade Secret

What is patentable? Congress says: “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement”

What is patentable? Congress says: “anything under the sun that is made by man”

What is patentable? What do you say? (1) Newton’s law of gravity? (2) Einstein’s E=MC 2 ?

What is patentable? What do you say? (3) A genetically engineered bacterium capable of breaking down crude oil?

What is patentable? What do you say? (4) Toupee?

What is patentable? What do you say? (5) “Electronic apparatus having game and telephone functions” ?

What is patentable? More requirements: Novel Useful Obvious

Famous patent case “The Sunken Ship” Inventor: Karl Krøyer (Danish) 1960’s Invention:

1.Non-infringement 2.Invalidity Famous patent case “The Sunken Ship”

Donald Duck, “The Sunken Yacht” (1949) Famous patent case “The Sunken Ship”

Famous patents Thomas Edison’s light bulb Alexander Graham Bell’s telephone Frederic Auguste Bartholdi’s Statue of Liberty