All About Intellectual Property
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All About Intellectual Property, the law, and some of the strategy and business considerations behind developing and leveraging intellectual property in business
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All About Intellectual Property
- 2. “ All About Intellectual Property” Thomas F. Lebens Managing Partner, West Coast Operations Fitch Even Tabin & Flannery LLP
- 34. Start with a Plan
- 51. “ All About Intellectual Property” Thomas F. Lebens Managing Partner, West Coast Operations Fitch Even Tabin & Flannery LLP
Notas do Editor
- When fire strikes, what you need to get out quick; with this invention all you need to do is don this special hat and shoes, and jump out the nearest window; the hat deploys a special parachute (hard on the chin and neck), and the shoes deploy special shock absorbers to cushion your landing
- For those of you with pets; this innovation will solve all of your problems with those floppy pet ears ending up in the food bowl; doggie ear tubes
- For those thrill seekers among us, this is sure to be the latest rage; manual waterskiing; simply don these specially designed water skis, and paddle till you drop; sure to be a thrill a minute – and look at the great posture and muscle tone our demonstrator has developed
- Back to pets; every pet owner dreads that nightly ritual of having to pet their pet, right?; Well here is the solution; An automated pet “petter”! Now you no longer have to touch that grubby Fido!
- And, for the cat lovers amongst us, you surely recognize the importance of regular exercise for Tabby. But, surely you don’t want to have to lift yourself from your reclined position!; Now there’s a solution, and its no further away than your neighborhood office supply store; simply use your laser pointer to create a dot of light on virtually any surface, and watch your cat chase it to his or her heart’s content; if you are really good, you can even get your cat to run into the walls – who wouldn’t pay big bucks for this stuff, and it’s all patented!
- Here’s one for the women; you all surly have experienced that crisis that arises when you rush to get ready for a formal occasion and realize that you have a run in your pantyhose; well here’s a solution; these pantyhose have an extra leg!; when you notice a run, simply slip off the leg with the run, and slip on a new one; the damaged leg folds discretely into a pocket located at the wearers crotch
- And, for those kissers among you; next time you have the urge to make out, but don’t really know where your partner’s lips have been; practice protected smacks with this kissing shield; all of the same romance without all the risk
- And one of my favorites; we all have experienced that biological crisis during a log road trip; do I stop at the next rest stop or gas station for a biological break, costing precious time, or can I make it a few more exits down the freeway; with this invention you don’t have to decide; the “auto toilet” lets you relieve yourself without even slowing down; only problem is, do you wear pants while you drive? These innovation are all the subjects of real patents paid for by their inventors, and granted by the US Patent and Trademark Office
- Perhaps we need to revisit our definition of “success”
- The patent business triangle The area within the triangle represents profit potential, and each of the legs represents an essential part of maximizing profits from patents First, there must be someone willing to pay for your solution – there must be market demand – there must be a problem that someone is willing to pay sufficiently to have solved Second, you must have a patentable technological solution to the problem – the patent protection available must be sufficient to distinguish, in a way of interest to the market, your solution from alternative competing solutions Third, you must have the business capabilities to capitalize on the solution you have developed to the problem; you must have the ability to connect your solution with the marketplace at a price the market will bear; you may need the ability to obtain raw materials, manufacturing, product transportation, at prices that allow you to meet the consumers price tolerance, but still allowing for a profit for you; you will need human resources and capital resources.
- Re 10. What level of abstraction is appropriate between basic scientific principle, and detailed technological solution? Re 9. What are your competitors doing? Re 5. Are the materials unique/specially made, are they processed in a unique way?
- Relevant timeframe Ex. A business may not benefit when obtaining patent protection for an invention that will likely have only an immediate and short market lifetime Difficulty of implementation Keep in mind that there are barriers to entry other than patentability Detectable usage It is hard to police what you can’t see Ease of avoidance Don’t overlook the contribution of 1 patent to a portfolio, however Royalty foundation An nice cream novelty stick comprised of artificial boohoo wood. A 5% royalty for 1 million 5 cent sticks = $2,500 An nice cream novelty comprising: - a stick comprised of artificial boohoo wood; - a frozen edible substance disposed on the stick. A 5% royalty for 1 million $1 novelties = $50,000 Geographic application Consider where you need, and don’t need, a patent to support your business goals Consider differences in allowed subject matter Infringer profile How well does the invention/patent serve to stop the competition? Standards use Standards and patents are an enormously important mix to any business that must live with standards Portfolio fit Inventions should not be viewed in the abstract and without context, and that includes considering the way a given invention fits into an existing or planned portfolio Strategic fit How relevant is the invention to the larger overall picture? Use by others This is the “Holy Grail” of subjective inquiries; this is where the buck starts
- Relevant timeframe Ex. A business may not benefit when obtaining patent protection for an invention that will likely have only an immediate and short market lifetime Difficulty of implementation Keep in mind that there are barriers to entry other than patentability Detectable usage It is hard to police what you can’t see Ease of avoidance Don’t overlook the contribution of 1 patent to a portfolio, however Royalty foundation An nice cream novelty stick comprised of artificial boohoo wood. A 5% royalty for 1 million 5 cent sticks = $2,500 An nice cream novelty comprising: - a stick comprised of artificial boohoo wood; - a frozen edible substance disposed on the stick. A 5% royalty for 1 million $1 novelties = $50,000 Geographic application Consider where you need, and don’t need, a patent to support your business goals Consider differences in allowed subject matter Infringer profile How well does the invention/patent serve to stop the competition? Standards use Standards and patents are an enormously important mix to any business that must live with standards Portfolio fit Inventions should not be viewed in the abstract and without context, and that includes considering the way a given invention fits into an existing or planned portfolio Strategic fit How relevant is the invention to the larger overall picture? Use by others This is the “Holy Grail” of subjective inquiries; this is where the buck starts
- Know what you need: “ What” you need is really a 3 dimensional inquiry What subject matter does your portfolio need to support your business needs and plans? When does your business need this subject matter? Where does your business need this subject matter? Acquire what you need: Acquiring what you need Focused patent preparation and prosecution Cost guidelines/goals Quality guidelines/goals Matters-of-form guidelines/goals Temporal guidelines/goals Divest what you don’t need: Divesting what you don’t need Do nothing Abandon the asset Sell the asset License the asset (core versus non-core) Donate the asset