Patents For Business

In a landmark decision, the Federal Circuit Court of Appeals in Signature Financial v. State Street Bank held that business methods may be patented. Recently, the US Supreme Court in Bilski v. Kappos left the door open for the availability of patents for business methods. These holdings, together with the explosive growth of electronic commerce and technology, make the business method patent an important growth area of intellectual property. Now in a revised Looseleaf format, this completely updated Second Edition of Business Method Patents is your guide to the unique opportunities and risks in this emerging area of intellectual property law. Business Method Patents, Second Edition is your authoritative source for expert guidance on: The landmark Supreme Court decision in Bilski v. Kappos USPTO view on business method patents, including an overview of BPAI rulings Mechanics of the patent application Prior art searches Drafting claims for business method or model and e-commerce inventions Drafting the complete specification Drawings required for business method patents Building a strategic patent portfolio Litigating business method patents International protection for business methods

This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.

"Strategies for business to use patents to make money, software patents, business method patents internet patents. Patent asset management."

Economic research shows that small businesses are the primary driver of job creation in the United States. Yet, the capacity of American small businesses to create jobs is at risk. American firms compete and grow by supplying products and services that consumers demand, and by internationalising their businesses through licensing, franchising, or exporting. For many small companies, patent protection prevents competitors from simply copying their innovations, and aids in attracting investor capital needed to grow, build market share, and create jobs. The aim of this book is to show how the U.S. Patent and Trademark Office, in coordination with other Federal departments and agencies, can best support businesses with international patent protection. Moreover, upon its signing in 2011, the Leahy-Smith America Invents Act (AIA) substantially overhauled U.S. patent law. Included in AIA was the expansion of the prior user rights defense to infringement and broadening the classes of patents that are eligible for the new limited prior user rights defense. (Here, prior user rights, is a defense to patent infringement afforded to a party that was commercially using, or engaged in substantial preparations for commercial use of, an invention later patented by another party). In the debate about the impact of an expanded prior user rights defense on the patent system and innovation more generally, the U.S. Patent and Trademark Office produced a report detailing its findings and recommendations on the operation of prior user rights in the industrialised world, which is discussed further in this book.

This report presents the results of the first international survey on the patenting and licensing activities of public research organisations in OECD countries.

In a world where your intellectual property is your most valuable asset, patents are becoming an essential tool for achieving and maintaining a competitive edge. With billions of dollars at stake, companies are defending their patents vigorously; high-profile cases, such as Microsoft's $900 million patent dispute settlement with Sun Microsystems, and Medtronic's acquisition of a competitor's entire patent portfolio for $1.35 billion, are cases in point. While most companies will not operate at this level, the strategic management of patents, and the costs of enforcing and defending them, are becomining critical business functions. In this accessible and practical guide, Henry Heines shows readers how to apply due diligence, a common concept in corporate finance and investing, to analyze the costs and benefits of patent management, and to navigate through the legal and technical maze. With dozens of examples from many industries, he walks readers through the various ways in which technological advances can be presented as patentable inventions and in which the patents of competitors can be confronted and evaluated. He also offers guidance in managing a portfolio of patents and inventions, regardless of whether they make it to market as products. A glossary of terms and listing of resources will make this book a handy reference for anyone involved in product development, corporate strategy, or intellectual property.