Government Inventions-Patents and the People
The vaults of the United States Government contain many remarkable patents, reflecting novel inventions arrived at through research funded by U.S. taxpayers. Most of these patents literally sit undiscovered, neither being enforced nor commercialized. Imagine the vault at the end of Indiana Jones where the Ark of the Covenant is being deposited.
So, the United States taxpayers have funded the work that leads to those patents. And those patents grant the government and any proper exclusive licensee the right to enforce the patents, and restore to the Treasury a damages award for infringement of the patents. However, the U.S. government is busy and not generally in the business of engaging in private litigation over patents.
Thus, Congress enacted a law (called the Bayh-Dole Act, 35 U.S.C. 200) reflecting that the government is often not the best entity to engage in these efforts and that it needs to license the patents for enforcement to the private sector to engage in that effort, whereby the private licensee will then share proceeds of any recovery with the government.
When Congress enacted this law, it stated the purpose of the law as including, in part, the need “to promote the commercialization and public availability of inventions made in the United States by United States industry and labor; to ensure that the Government obtains sufficient rights in federally supported inventions to meet the needs of the Government and protect the public against nonuse or unreasonable use of inventions; and to minimize the costs of administering policies in this area.”
Under this law, the government gets its inventions to private sector companies for enforcement and commercialization efforts. Often, this is done through an exclusive license agreement, whereby the government can grant the right to exploit and commercialize without the government’s participation and whereby the government shares in any collected damages award, thereby returning at no cost to taxpayers money to the Treasury.
But when these private entities secure licenses to those patents, they often run into stiff resistance from other private sector companies who do not like the fact that they are being sued for infringing a U.S. patent. A common defense raised is that the enforcing party is not pursuing the best interests of the U.S. government in enforcing the patent. This raises important questions about the ability of private parties to challenge policy decisions of our Government. After all, who is better suited to determine the government’s best exercise of discretion in government matters: the government or a defendant in a patent infringement case where the defendant is incented to conclude, not surprisingly, that being sued for infringement is not good federal policy.
Another defense involves dragging the United States government into the litigation on the theory that the government, as owner of the patent, is a necessary party. But the government has often specifically decided it does not want to be a party, precisely to serve the above-stated purpose of saving costs (taxpayer money for lawyers), and so dragging the government into these cases is often a futile act.
The Federal Circuit Court of Appeals, which hears patent appeals, has seen this strategy in a case called Nutrition 21 v. United States where the government had licensed a patent for commercialization and enforcement, only to be dragged into a lengthy piece of litigation. The Federal Circuit rightly ruled that the government should not have been dragged into the case.
Accordingly, important policy considerations dictate that the government should be able to get its patents out of its vaults and into the private sector and that if parties are infringing those patents, they should be held accountable to reconstitute monies to our Treasury.
Peter Afrasiabi is a patent-copyright-trademark-trade secret lawyer in Costa Mesa, CA and an adjunct professor of law at Chapman University School of Law in Orange, CA. Peter’s information can be found at http://www.turnergreen.com
Do It Yourself Patents
For those who cannot afford to dish out thousands of dollars for a patent lawyer, do it yourself patents can be a great alternative. Do it yourself patents can be done if you are up to the challenge. It is not impossible although the biggest drawback on do it yourself patents is that you are not afforded the luxury of having professional advice.
There are some of the advantages of do it yourself patents that you cannot overlook though. Do it yourself patents could certainly save you money. Also, doing it yourself enables you to learn several skills most especially in research. When yo register a patent yourself the first and most basic step is to make sure that your invention qualifies for a patent or what you call patentable. Also, to qualify with your patents application you need to describe all aspects of your invention. Some steps on do it yourself patents are easy, others are more difficult.
As with all new endeavors, you will succeed by trial and error. But by taking the process of doing it yourself patents one step at a time, you can acquire a patent later on.
The following are the basic steps you need to do when applying for a patent:
1. Keep a careful record of your invention. When doing your patent yourself it is important to keep a record of the invention process in a notebook. Sign and date each entry and have two reliable witnesses sign as well.
2. Make sure your invention qualifies for patent protection. In do it yourself patents you need to show that your invention is new, non-obvious and useful.
3. Assess the commercial potential of your invention. Before you spend the time and money to file a patent application, you need to research the market you hope to enter.
4. Do a thorough patent search. To make sure your invention is new, you need to search all the earlier developments in your field. This involves searching U.S. (patents, as well as other publications like scientific and technical journals, to find related inventions.
5. Prepare and file an application with the USPTO. This step on do it yourself patents lets you have a choice when you file with the USPTO. You can file a full-blown regular patent application (RPA) or you can file a provisional patent application (PPA) on the invention. Filing a PPA allows you to claim patent pending status for the invention but involves only a small fraction of the work and cost of a regular patent application. All that is required to file a PPA is a fee of $80 ($160 for large companies), a detailed description of the invention, telling how to make and use it, and an informal drawing.
T J Madigan has been established in online business since 1998 and is director of a number of successful online projects one of which is http://www.articles.net.au your best source for FREE articles and information.
Why A Patent Lawyer Can Be An Inventor’s Best Friend
Some may think that brilliant men like Thomas Edison and Nicolai Tesla are rare these days but I know better. As a matter of fact I have a friend who is a certifiable genius inventor, inventing things like an engine that runs on tap water and a device that increases gas mileage by nearly 40%.
The thing that the average person doesn’t realize is that the inventions generally do not come about as the result of a “eureka” moment with a light bulb image over their head! Real inventions come about from testing and experimentation and finding all of the methods that don’t work before finding the one that does.
I had a great idea about 20 years ago to sell bottled water, all my friends told me I was out of my mind. I listened to them and now someone is a billionaire and I am not. I am writing this article to make sure you don’t make the same mistake. If you happen to have one of those flashes of brilliance and you put together a design or plan for it, make sure it is patented. The correct way to go about this is to use a patent lawyer.
Patent lawyers are experts in their field and they can help you file a patent for an invention or an idea. That’s right, it doesn’t have to be a physical product, it can be just an idea. Now, don’t get carried away and think every idea you have is worth being patented. I am reasonably sure that if you were that brilliant you wouldn’t be sitting there reading my article right now! One of the things that you need to consider is whether your idea is marketable. The bottom line is that getting a patent costs money and if your idea isn’t going to make money there is no point in going any further.
The first step in the process of getting a patent is to have a patent search done to see if indeed your idea is truly as original as you think it is. You could do it yourself by going to the government website at uspto.gov but a good patent attorney can and will do a much better search and save you a lot of time and aggravation.
The next step, assuming that your search indicates that you do have a novel idea worth patenting, is to actually apply for the patent. There are two main types of patents, design and utility. If it is mainly the design that you are concerned with then you should choose that option. If you are more concerned about how the invention will function, then apply for a utility patent. There is also the consideration of how long you are protected. A utility patent is good for twenty years, while a design patent only lasts fourteen.
Obtaining a patent is not exactly inexpensive and you will have to come up with a good bit of money at the very beginning. However it may well be worth it. There are fees to the lawyer as well as filing fees to pay the government for applying for the patent. This is why it is so crucial that you do your research and make sure that the idea is something that can be profitable in the marketplace. In any case don’t go it alone, always seek out the professional help of a qualified patent lawyer. A good patent attorney will save you time, energy and many sleepless nights.
Gregg Hall is an author living in Navarre Beach Florida. Find more about this as well as patent attorneys at http://www.focusonip.com
The U.S. Patent And Trademark Office Is An Inventor’s Best Friend
Creating a new product, a new machine or launching a business with its own distinct lines is a crapshoot. It’s hard to tell what ideas will take off and sell and which ones won’t. But the odds in an inventor or businessperson’s favor can be greatly reduced if their products and/or ideas aren’t protected. This is where the U.S. Patent and Trademark Office can make a real difference.
The U.S. Patent and Trademark Office specializes in helping inventors, scientists and businesspeople ensure their ideas cannot be stolen. Since this office generally deals with “intellectual property,” or ideas or plans, it’s easy to see how these things can be copied or stolen by someone else. If a patent or trademark is in place, however, the owner of the patent or trademark has legal recourse if their idea is taken and run with by another.
There are a number of reasons why someone would want to seek out this office for protection of their ideas. They do not include, however, copyrights. These are protections for written materials such as novels, poems, books, essays and more. Another government office handles this kind of protection.
Those seeking out the patent and trademark office do so for a number of reasons. Some of them and the ideas they seek to protect include:
* Machines. From lawn mowers to automobiles, patents are often necessary here to protect a designer from theft.
* Products. Have an idea for a new toy? A device to make opening jars easier. A better mousetrap? These items are subject to theft in the intellectual realm if they’re not protected.
* Drawings and processes. Have a mapped out way to create a new machine or product or way of doing something? If you haven’t had the capital to test it, but have the drawings ready, they can still sometimes be protected.
* Plants. Have you discovered a way to create a new flower? Your idea may be one that can be protected.
* A brand name or company name. Want to make sure no one can use your name without your permission? If so, a trademark is a good idea. This is different from a patent, but it provides similar protections.
Getting a patent or trademark can be a tedious process. Lots of documentation and information will be needed to ensure the product, idea or name you’re trying to protect truly belongs to you. The hassle is well worth the effort, however, to ensure no one can take your idea and profit from it.
For those who don’t want to navigate the governmental system to get a patent or trademark, there are lawyers who specialize in dealing with this U.S. office. They can make the entire process go much more smoothly.
Whether you choose to get a lawyer or handle the process yourself, getting a patent or trademark is a very good idea. It protects you and your ideas from theft and protects your investment in your future. While there’s no guarantee your idea will make a million, considering the products that have (smiley faces, pet rocks, silly putty) it’s anyone’s guess. Protection is key and the U.S. Patent and Trademark Office can help.
Jessica Deets writes information to help people. Do you have an idea for an invention and need to get it protected. Find more information about patents at http://www.patentmatching.com