Intellectual Property. Legal Info on Copyrights, Patents and Trademarks | IntellectualPropertyLawFir

Web Name: Intellectual Property. Legal Info on Copyrights, Patents and Trademarks | IntellectualPropertyLawFir

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Patents and Business: Solutions for Innovators Control, protect and exploit your inventions and other great ideas. Learn about invention laws, get patent protection and find professional help. Talk to an Intellectual Property Lawyer Enter Your Zip Code to Connect with a Lawyer Serving Your AreaWill Congress amend the Economic Espionage Act to provide for a private federal cause of action? Read the article by attorney Andrew K. Jacobson.Google and the Patent PoolsRead the story about the Motorola patent acquisition by patent attorney Timothy J. Maier.IP Rights at AuctionLearn the basics about IP auctions, covenants not to sue, and patent aggregation, written by patent attorney Timothy J. Maier.Patent "Reform" Enacted On September 16, 2011, President Obama signed into effect the Leahy-Smith America Invents Act.Although referred to as “patent reform,” commentators have noted that the Actdoes little to “reform” the problems associated with the patent system—notably,an underfunded PTO, inadequate examination procedures, and burdensomelitigation. In the end, the Act contained quite a bit of special interestpolicy-making that favors large companies over independent inventors. The majorchange of the Act is that the U.S. switches to a first-to-file system on March 16, 2013, 18 months after enactment. You'll find a summary of the Act's provisions here and we also provide a timeline detailing when the changes in theAct go into effect. [EXCLUSIVE: Patent attorney David Pressman, author of Patent It Yourself, weighs in with his analysis of the AIA.]Small Entities and Micro Entities: What's the Difference?(from the Dear Rich blog) Dear Rich: I waited until after the new patent law passed to file a provisional patent application I wanted the new micro-entity fees to go into effect. But when I went to pay, yesterday, I wasn’t given a choice for micro-entity, only small entity. I ended up paying more to file than before the law was passed.  Your timeline for the patent law says that the micro entity fees go into effect immediately. What’s going on? Welcome to patent ‘reform.’ Our timeline is correct. Section 10 of  the Leahy-Smith America Invents Act establishes that the new micro entity fees will go effect immediately upon enactment (September 16, 2011). Alas, patent filers who sought to take advantage of the reduced micro entity fees -- for example, the fee for filing a provisional patent application would be approximately $65 – were out of luck. The USPTO issued a press release explaining the delay. The micro entity fees are expected to be available March 19, 2013. Why did you pay more? The law also establishes that a 15% fee increase goes into effect 10 days after enactment (that is, September 26, 2011). Apparently, the USPTO had no problem implementing the increases and a new fee schedule was rolled out on time. As a result, independent inventors like yourself are actually paying $15 more to file a provisional patent application, than before the law was "reformed."P.S. Wondering what qualifies as a micro entity and how it differs from a small entity? Here's an explanation.Should Startup Seek Business Method Patent?Dear Rich: I'd like some pointers on which book(s) orblogs I could read that address patenting business methods. Also I'd like tohear your take on this, is it something a startup should invest in beforecommencing any development of the idea (in form of software). We previouslyposted an article aboutbusiness method patents that may help and we recently had a blog entry onthe subject. David Pressman's Patent ItYourself also discusses BMPs in some detail.Should you talk to a lawyer? We think that if you're a startup, youowe it to your investors to have a patent attorney review your business methodto determine two things: (1) whether it's commercial (especially whether it islikely to be commercial in 2-3 years which is how long it will take to get thepatent), and (2) whether it's patentable. We can't help you with whether it'scommercial but as for whether it's patentable there are a few things toconsider:FilingDeadlines. There are time limitsfor filing -- currently, you can't file if you published or sold the methodmore than a year before filing; that time limit will change after March 16, 2013; and money. It takes time and money toget a patent.  Assuming the USPTO grants your patent (and the failure rateis about 50%), it takes 2-3 years during which time you can't stop others. Andit can be expensive!Endangeredspecies. Business methodpatents are running into more and more challenges andmay be much harder to obtain after enactment of the America InventsAct. All that said, manystartups were built on software and business method patents, so we urge you toget professional advice.

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