Copyright Ellis Horowitz 2011-2012 1 Short Description of Patents Prof. Ellis Horowitz
Copyright Ellis Horowitz, 2011-2012 2
Patents
• In the United States, a person may patent any invention that is new, useful and, non-obvious.
• Unlike copyrights, the inventor must register the patent with the United States Patent Office.
• If the Patent Office determines that the patentability requirements have been satisfied, then a patent will be granted.
• The owner of a patent has the right to exclude all others from making, using, selling, or importing the invention.
• This exclusive right is granted for 20 years for most patents.• In order to pass the non-obvious, or novel, requirement, the invention must not
have been revealed in some form of “prior art.” – Prior art is defined as the body of public knowledge that predates the date of
invention. That is, the invention would not have been obvious to a person skilled in the art with which the invention is concerned at the time the invention was made. Prior art includes prior patents and publications and common knowledge in a field.
• In the United States, an application must be filed within one year of the date of first sale or offer of sale or the sale of anything incorporating the invention, within one year of a description of the invention, or within one year of a public or commercial use of the invention.
Copyright Ellis Horowitz, 2011-2012 3
Search Engine Ads are Governed by The ‘361 Patent
Patent number
Patent title
Patent inventors
Patent owner
Patent filing date
Patents are highlyStructured documents
That include:1. Initial page
2. Abstract3. Summary of Invention
4. Description of Invention5. Claims
Copyright Ellis Horowitz 2011-2012
Patents are required to have figures;Every box is numbered and referred to in the body of the patent
This figure is describing thesystem for maintaining adsand the amounts advertisersare willing to pay if their adis clicked
4
Copyright Ellis Horowitz 2011-20126
Patents includeClaims; here is
Claim 1
Claims may beindependentor dependent
Below claim 2is seen to depend
upon claim 1
Copyright Ellis Horowitz, 2011-2012 7
The System for Advertisers Described in the ‘361 Patent
At any time an advertiser
can log intoa system for managing
his ads, altering bid amounts, increasing
the balance of the account, and
reviewing the click history
Google Adwords hasadopted a very similar
system
current position of your adif the search term is entered
bids of your competitors
click history
Copyright Ellis Horowitz, 2011-2012 8
Overture Sues Google
http://www.evolt.org/article/Overture_Sues_Google/1/24115/index.html?format=print
Patent suits are heard inUS Federal Court, not
State courts