Profitably monetizing a patent is usually harder than getting the patent in the first place.
Non-auction strategies of patent monetization are inherently risky. Licensing of a patent or patent portfolio requires comprehensive industry knowledge and the ability to police (monitor and enforce) an agreement.
Copyright 2010 - Thomas Swenson
Patent Auction - An Alternative to Licensing Or Commercializing a Patented Invention
In short, trademarks are your brand.
The only way you (or any company) can ever legally use the term "patent pending" is when a patent application has been filed to the United States Patent and Trademark Office (USPTO). If you are waiting until your patent is actually granted to market your invention, then you may as well forego the term "patent pending".
Patent Pending: What Does It Mean?
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If you are considering a new invention, a patent lawyer is needed to protect your idea. A patent lawyer specializes in a very complicated specialty.
What Does A Patent Lawyer Do?
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The invention standard under patent system requires novelty, non-obvious and capable of industrial application.
The following points differentiate between Patent and Utility Model
Patents
· The invention which has novel, inventive step and industrial application can be protected.
· All new invention or substantial improvement invention can be protected.
· Patent protection is available in almost all major countries.
· Patent protection is actively used.
Utility Model
· All marginal improvement invention can be protected.
In short, trademarks are your brand.As you patent a concept or product, either you will implement the idea, or manufacture the product.
Approach a patent aggregator organization. Patent Aggregators are organizations with a concrete business model of purchasing and selling patent rights. If you are new to the patent industry and have never sold a patent, don't be disheartened if a patent aggregator refuses your idea, because at this point, you seek services of patent brokers.
What Can You Do With Your Patent - Part 1 (Patent Monetization)
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India is emerging as a patent research hub for technologies geared to the Third World. Patent data is used extensively for competitive research and for innovation within companies.
Innovation in Patent Research Outsourcing
I just finished filing a provisional patent application online.; It was pretty easy and it cost a total of $110.; Here are the step by step instructions on how to file a provisional patent application online.
What you will need in order to file a provisional patent application online:
Drawings if needed to understand the description.Cover sheet.;(PTO Form SB/16);Application datasheet (PTO Form SB/14);You can pay by credit card if filing electronically.Detailed description of the invention
Drawings for the provisional patent application
Cover Sheet - PTO Form SB/16
;In the pull-down menu on the left side of the top navigation bar under "Patents" click on "Patent Forms".
Application Data Sheet The application data sheet is just another form you need to fill out.; It's PTO Form SB/14.; Nothing difficult, just contact information and stuff like that.
Patent Filing Fees - The Money part
Time to File your Provisional Patent Application
;Filing Your Provisional Patent Online - Step By Step Instructions
Step 2.; Go to the USPTO website Home Page
Step 3.; On the left side of the pager under "PATENTS" click on Item Number 4 - "File Online"
Step 6.
Step 7. Then confirm and submit your application.
Once you have the application number, congratulations! Your invention is now patent pending!
A patent database and search portal was used which covers 90 different patent authorities worldwide, including 20 countries which provide full-text file search as well as legal status information. We also identified patent classes to search in order to ensure that relevant results would not be omitted. The results have been grouped by Assignee, and it should come as no shock to industry watchers who the top 3 assignees are for utility grade, horizontal axis wind turbine patents.
The search results were read and analyzed to determine a keyword classification that indicates the specific technology and component to which the invention refers. The component literally refers to the wind turbine component which the invention deals with, i.e. blade, tower, generator, gearbox, etc. The search results are presented in a format in which each individually issued patent was assessed and classified.
Additionally, an assessment of the relevance of the patent to the industry was performed and results were classified as low, medium, medium/high, and high. The first is a brief synopsis of the invention that the patent is claiming, which is based on a reading of the patent and should therefore be more descriptive of the actual technology and intent of the inventor than the patent abstract.
• Turbine Reliability
- Energy storage
Current and Future Trends in Wind Turbine Technology - Results of a Patent Landscaping Exercise
Legally a patent is an offensive weapon. A patent gives you the right to stop others from using, making, or selling your invention in the country issuing the patent. To compensate for delays resulting from a failure by the PTO (Patent and Trademark Office) to process the patent application in a timely fashion the patent can be extended if necessary.If however, you fail to pay the maintenance fees when they are due, your patent will expire, and your invention will become prior art forever. How to Read a Patent
Should you file for a patent, and should you trademark the product's name? Patent a New Product? First of all, you cannot actually "patent" a product or service. So if a company infringes on your patent, you will have to defend your patent through civil litigation. If the patent attorney or patent agent believes your invention can be patented, he will help you through the patent application process. A patent attorney is an attorney who specializes in what's called "patent prosecution," the process of applying for and receiving a patent. To find a patent agent or patent attorney, use our free Patent Agent and Patent Attorney Referral Service.
Trademark a New Product? Just as you cannot patent a product - you can only patent the innovation behind the product you cannot trademark a product: You can only trademark the name (or brand) of the product. A product's technology can be patented while the product's name is not trademarked. Or the product name can be trademarked while the product's technology is not patented.
If your product utilizes a unique technology, patenting your invention makes sense.
Patent And-Or Trademark That New Product?
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Patent infringement litigation has increased dramatically in the United States.
However, firms that are only in the business of licensing intellectual property have no motivation to avoid litigation. Often the cost of litigation is much higher than any damages from infringement.
Reducing Patent Litigation Costs
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From there, the concept of patents in the United States was first recognized in the Patent Act of 1790, which consisted of a brief collection of patent rules and guidelines on how to obtain a patent. Under the Patent Act, different members of the government were given the ability to grant a patent. As time passed, inadequacies in the patent structure became apparent.
Patent History, Part I
You have to consider protecting that idea so no one else can copy that idea and get competitors. The trademark symbolizes your company and will guarantee that the product is from your company. You also need to protect that trademark in order to protect your company from piracy or from illegally using your trademark by other companies. Utah Lawyer Helps You Find Relief. By doing this, you can determine if patenting your idea and your trademark is worth the trouble.If you decide that it is definitely worth your time and money to get your product and trademark patented and copyrighted, it is also important that you should choose your patent lawyer carefully. Look for a patent lawyer that provides straight answers and are confident with their skills.
Defeat at Trial: It is also possible that your patent suit will go to trial and you will lose. The jury will rule that the patent was invalid or unenforceable, or that defendant did NOT infringe your patent, so the defendant owes you nothing! This, however, is also an unlikely outcome as very few patent infringement suits actually go to trial.
Out-of-Court Settlement: The most likely outcome of most types of civil litigation is an out-of-court settlement. Also, unlike a jury verdict and award, an out-of-court settlement cannot be appealed.
Binding Arbitration: A variation on an out-of-court settlement is binding arbitration.
Possible Outcomes to Your Patent Suit
Thomson has been the Chinese consumer Electronic Patent lingering shadow of corporate head, from DVD To traditional TV, the approved Thomson bankruptcy news, the Chinese consumer electronics industry may not be good news. Renowned intellectual property experts, Beijing Intellectual Property Agent with Li Jun Cheng Liu Fang told bits partner network, "the Chinese color TV enterprises are required to pay annually to Thomson a large number of patent licensing fees, even if the bankruptcy, the license fee contract will not be Tom Johnson's bankruptcy exemption. " In 2003 Thomson proposed to the Chinese enterprises each 1.5 U.S. dollars DVD patent fee; in 2005, Thomson MP3 business to the Chinese charge 75 cents each royalty. Patent if the owner changed, the Chinese color TV enterprises have also changed a company equivalent. However, these contracts permit fee will not exempt Thomson bankruptcy. Patent shall be guilty of such. Despite the worldwide use Thomson joint venture, etc. for industry or market expansion, but its patent exclusivity has never wavered.
The step involved in international patent applications are a) filing an application at receiving Office by the applicant b) International search of application by an International Search Authority (ISA) c) Issuance of 'International search report' along with written opinion d) Publication of application by the International Bureau e) Request for an International preliminary examination under Chapter II, and f) Entering into national phase application.
After the patent application is published, the applicant may wish to request an international examination to get the second opinion on patentability. The invention standard under patent system requires novelty, non-obvious and capable of industrial application.· It requires substantive examination of patent application to validate patentability.
· Patent protection is actively used.
