THINGS YOU NEED TO KNOW ABOUT PATENTS

Here are links to additional articles that help explain the patent process What is a Patent? The Patent Application Requirements for a Patentable Invention Patenting Flow Chart What NOT to do Before You File Provisional Patent Application Design Patents Duty to Disclose Information to USPTO International Patents Software Patents in Europe Double Patenting Current ‘Opposition’…

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REPRESENTATIVE PATENTS

6,597,177      Through Casing Resistivity Measurement In Permanently Installed Downhole Production Environment.   A tool installed within a well casing that can saturate a portion of the casing with magnetic flux and send an oscillating magnetic flux that can be used for resistivity measurement of the adjacent geologic formation.  6,630,831      Measurement of Electrical Properties Through Non Magnetically…

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FIRST TO FILE PATENT SYSTEM

INTRODUCTION Effective March 16, 2013 the US Patent system undergoes a fundamental shift. The US will go from a “first to invent” system to a “first to file”. This will have significant implications in protecting and exploiting intellectual property. Briefly, the US patent system protected the rights of the first person to make an invention. There were exceptions but…

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INTER PARTES REEXAMINATION

The statute governing reexamination was amended in 1999 and 2002 to create a right for inter parties reexamination. Basically, the party bringing the request for reexamination is allowed to participate more fully in the reexamination process, including filing of appeals to the Board of Patent Appeals and Interferences (BPAI) and to the Court of Appeals…

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REEXAMINATION

Pfizer recently received an adverse determination of the patentability of one patent (of several) for Lipitor. The “Patent Baristas”1 reported that Lipitor is set to become the worlds first $10 billion a year drug. The adverse decision was made regarding an issued patent in response to an ex parte reexamination request. Such a request can…

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DOUBLE PATENTING

As explained in the article entitled Patent Applications, a patent provides a 20 year monopoly granted by the Federal government. Not surprisingly, you can’t extend the monopoly by patenting the invention twice. The idea that an invention only is allowed to be patented once, is related to the idea that a patent can cover only…

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SOFTWARE PATENTS IN EUROPE

There have been many recent blogs regarding the wisdom of modifying the rules of the European Patent Office to extend patent protection to computer software. Many of the articles imply that neither software nor business method patents are granted by the European Patent Office (EPO). That implication is contradicted by a scholarly article authored by…

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INTERNATIONAL PATENT PROTECTION

It must be remembered that US patent prohibit the unauthorized manufacture, use or sale of patented goods within the US. This includes prohibiting the importation of goods manufactured off shore. Filing for patent protection for foreign markets requires separate action. It is a relatively complex and expensive endeavor. However, there are useful guides and summaries…

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