The patent system receives a lot of criticism and it is not without its faults. But as a governmental program to advance technology, it’s hard to beat. To understand how it works and why investing in a well-drafted patent can help an organization reap significant rewards (or why a poorly drafted patent may fall on its face) consider this real-world example. Most of us attribute the birth of powered aviation to Wilbur and Orville Wright.
Everyone who participates in filing and prosecuting a patent application encounters the Duty of Disclosure, whether you be an inventor, a technology group manager, inside intellectual property (IP) counsel, or inside litigation counsel (hopefully this is not your first encounter!). Most of the information here is pretty basic, but it is worth a revisit from time-to-time. Also, there are some proposed new procedures in the U.S. Patent Office that promise to make complying a little less worrisome and a little less expensive.
U.S. Patent 10,000,000 (ten million!) was issued on Tuesday, June 19, 2018. As stated in a recent article from Law360, it took just a little over three years for the USPTO to grant one million new patents. By comparison it took 200 years to get to patent number five million and, if the trend continues, number 11 million is less than three years away. Every year the number of patent applications filed and the number of patents granted grows.
As our world changes, the world of intellectual property changes with it. Day by day, courts across the country are signaling that the tools and methods needed to protect such property are changing too. Those not paying attention run the very real of risk of getting left in the dust.
Google owns most the online-search market and, along with Amazon, a very sizable portion of the online retail market. But neither Google nor Amazon started as the megalithic giants they are today: They both grew very rapidly because they held a competitive edge in markets they helped create.
A survey of landmines that may await you, and an advantageous roadmap to guide you away from danger with sound pointers on how to protect your IP while operating in the government sphere. You’ve just won a government contract under a Small Business Innovation Research (SBIR) or Small Business Technology Transfer (STTR) award for a prototype space widget or new cyber application – great!