Tuesday, December 9, 2008

Patents

Patents

Christopher Black, MGT 386, 12/04/2008

A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office (http://www.uspto.gov/go/pac/doc/general/#patent). Technically a patent is used in order to make sure that other people cannot use your invention for any reason. After receiving a patent you have 17 years from the date the application was filed. These patents are only enforced within the borders of the United States. Typically there are three different types of patents. Utility patents are those that are granted to an inventor or a person that discovers any new process, machine, composition of matter, or improvement of any kind. Design patents are used for a case when a person invents a new article of manufacture and a plant patents is granted for a discovery or new invention of a plant and asexually reproduces it. After an inventor has established a product it is important to make sure that they follow the proper guidelines to protect the product. It can be expensive and usually requires a patent attorney. To receive a U.S patent there are twelve steps that should be taken for the inventors safety. For example, the inventor of the memory card, data exchange system, and date exchange method that filed for the patent November 27, 2008 had to follow these next steps (http://www.freepatentsonline.com/y2008/0295180.html). First, preparation and submission of a disclosure in written form to designated company managers of the idea for initial review and summary evaluation. It is then reviewed by designated company managers of the idea and then its technical working essentials are identified and determined if they meet the patent merit requirements. The company managers then decide whether and how to proceed with commercial development of the idea and whether or not to seek patent protection. Next, an in-person meeting with the inventor, patent counsel, and company managers is held to help determine and decide what is or should be the broadest possible innovation in commercial and non-commercial terms; and to detail and characterize inventorship, the number and types of commercial formats, kinds of variations, preferred embodiments and minimum essential parts, operation limits and optimal use ranges. Then, the first draft text of the patent application is prepared, revision of the first draft, a second draft is prepared and the final changes are made to the application. Lastly, the required documents and fee payments are submitted along with the final approved patent application manuscript (http://ezinearticles.com/?Twelve-Steps-To-Filing-A-U.S.-Patent-Application&id=253307.). This total process results in at very least 58 hours of time and $9,360. A patent search is not necessary but is highly recommended. In order to receive the proper credit for your product a patent is necessary. Receiving a patent is hard work, expensive, and time consuming but in the end it is worth it.

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