Presentation on theme: "What Inventors Need To Know About Protecting Their Intellectual Property Andrew Rapacke, JD | USPatentsNMore."— Presentation transcript:
What Inventors Need To Know About Protecting Their Intellectual Property Andrew Rapacke, JD | USPatentsNMore
Get to know Andrew Rapacke, JD Andrew Rapacke is a Registered Patent Agent, pending admission to the Florida Bar. Andrew assists clients in electrical and computer technology, mechanical and medical devices, and turbines and power generation. Mr. Rapacke earned his J.D. from the Florida State University College of Law, where he was named to the Phi Delta Phi Legal Honors Fraternity, was a member of the Journal of Trans national Law and Policy, and recipient of the Distinguished Pro Bono Service Award. He is a candidate for an M.S. in Electrical and Computer Engineering from the University of South Florida. Prior to attending law school, Mr. Rapacke graduated from the United States Naval Academy and served as Lieutenant in the United States Navy. While serving as Naval Engineering Officer, he successfully completed Naval Advanced Gas Turbine Engineering School and was responsible for propulsion and electrical systems onboard several Naval warships. Mr. Rapacke is fluent in Japanese.
Get to know USPatentsNMore™ Protect your inventions, ideas, and brands without sacrificing quality. We don't nickel and dime - we provide clear and simple proposals so you can understand what you're paying for and exactly what it will cost. We take a strategic approach - we understand business and most importantly we understand your need to get a return on your intellectual property investment. we provide the services that you need to build and grow profit and sales. We’re lean - most intellectual property firms have massive overheads from fancy offices with big expense accounts. We know clients have to pay for that overhead so we keep a lean and intelligent approach to our own business so we can deliver high-quality and affordable IP services.
Overview Why care? What IP do I need? Why conduct a prior art search? Understanding the ‘Big Picture’ Patents in a nutshell Trademarks Copyrights May I combine IP? Prior Art Search Avoid these common mistakes Inventors make Common IP speedbumps Why Inventors need IP early Closing thoughts
Why care? Meaningful patentability ↓ Commercial potential If you are an inventor, you care about:
Patents in a nutshell What? - process - machine - product - composition of matter (includes software) Patentability - novel - useful - non-obvious Exclusive right – not an affirmative one!
… Patents in a nutshell Term – 20 years from filing Challenges – must file within one year of public use, offer for sale, sale, or publication; and, even that isn’t so safe under first-to- file; enters public domain after expiration of patent Variations - plant patent (asexual reproduction) - design patent (ornamental - 14 years)
Trademarks Trademarks are words, names, symbols, devices and images that represent products, goods, or services. Trademarks identify and promote different brands or services. For example, I would trademark register the service name USPatentsNMore™ ™ versus ®
Copyrights Copyrights protect the expression of ideas in literary, artistic and musical works. – For example, I would copyright register all the books and articles that I have written.
May I combine IP? You can use all three types of intellectual property protection together if necessary. – For example, I would patent my invention of an improved lightbulb, a lightbulb that never expires. – I would also trademark register the brand name of my invention, Let There Be Light. – I would copyright register the instruction manual that I wrote that explains how to install and maintain my bulb.
Avoid these Common Mistakes Inventors Make Letting yourself ‘get in the way’ Trying to do it all yourself Selling the Invention Publicly using the invention Bad provisional patent applications Poor Prior Art Search Sinking all your money into a patent Unclear product differentiation Inability to articulate ’30 second elevator speech’ Assuming everyone will want your invention Falling into a scam Lacking business acumen Expecting unrealistic results
What is Prior Art? Prior Art is any information in the public domain in any form before a given date that might be relevant to potential features and embodiments of your invention. Remember: If the features of your invention have been described or claimed in the prior art, you will not meet the statutory requirements of 35 U.S.C. § 101.
Why conduct a Prior Art Search? Understand the distinguishing features of available relevant art when you draft claims. Prior art is generally expected to provide a description sufficient to inform one skilled in the art of whether there is art that falls within the scope of your potential claims.
Weigh the pros and cons of a “do-it yourself” search Advantage Advantage: Potentially having a better understanding of the nuances of an invention, technical materials, publications, and relevant art Disadvantages Disadvantages: Not being able to detach yourself from the invention to be able to give an unbiased assessment Risk not understanding “the duty to disclose” or “what's close enough?”
The USPatentsNMore Approach to Prior Art Search Start a broad search (200-300 results) Attempt to identify families of patents and look for patterns Create a “score card” of each patent and include notes Identify your highest scoring prior art and begin an in-depth analysis Identify distinguishing features in the prior art Remember - Don’t confuse search results with patentability!
Common IP Speedbumps Assuming IP is not important or not valuable for my invention or business The Do-It-Yourself Approach Leaping Before You Look
Why Inventors Need IP Early Protect competitive advantage(s) First Inventor To File (FITF) – Avoid ‘missing the boat’ file in time First To Invent (FTI)