OBSTACLES TO PATENTS Tim Headley [email protected] How To Successfully Protect Your Invention.

OBSTACLESOBSTACLESTO PATENTSTO PATENTSOBSTACLESOBSTACLESTO PATENTSTO PATENTS

Tim HeadleyTim Headley

713.547.2040713.547.2040

[email protected]@hayboo.com

How To SuccessfullyHow To SuccessfullyProtect Your InventionProtect Your Invention

YOU’RE YOU’RE ANTICIPATED!ANTICIPATED!

““a. the invention was a. the invention was known or used by others known or used by others in this country, …”in this country, …”

YOU’REYOU’REANTICIPATED!ANTICIPATED!

““or described in a printed or described in a printed publication in this or a publication in this or a foreign country, before foreign country, before the invention.”the invention.”

YOU’REYOU’REANTICIPATED!ANTICIPATED!

““b. the invention was b. the invention was patented or described patented or described in a printed in a printed publication in this or publication in this or a foreign country, …”a foreign country, …”

YOU’REYOU’REANTICIPATED!ANTICIPATED!

““or in public use or on or in public use or on sale in this country, sale in this country, more than one year more than one year prior to the date of prior to the date of application for patent.”application for patent.”

One year

ANTICIPATIONANTICIPATION

all of the elements all of the elements and limitations of the and limitations of the claim claim

are found withinare found withina single prior art a single prior art referencereference

How do you avoid How do you avoid “anticipation”?“anticipation”?

Professional Organizations Professional Organizations

Technical JournalsTechnical Journals

The Company’s InventorsThe Company’s Inventors

Internet Patent SearchesInternet Patent Searches

Internet Patent Internet Patent SearchesSearches

U.S. Patent Abstracts U.S. Patent Abstracts Database (by the PTO)Database (by the PTO)

http://patents.uspto.gov/http://patents.uspto.gov/access/search-bool.htmlaccess/search-bool.html

IBM Patent Server Home IBM Patent Server Home PagePage

http://patent.womplex.ibm.http://patent.womplex.ibm.com/com/

YOU COPIED!YOU COPIED! ““f. he did not himself f. he did not himself

invent the subject invent the subject matter sought to be matter sought to be patented…”patented…”

LOST THE LOST THE RACE!RACE!

““g. before the applicant’s g. before the applicant’s invention thereof the invention thereof the invention was made in this invention was made in this country by another who country by another who had not abandoned, had not abandoned, suppressed, or concealed suppressed, or concealed it.”it.”

Requirements For Requirements For Invention Invention

DisclosuresDisclosures The inventors, their The inventors, their

addresses, and phone addresses, and phone numbersnumbers

The title of the The title of the inventioninvention

Purpose of the Purpose of the inventioninvention

Requirements For Requirements For Invention Invention

DisclosuresDisclosuresDATES OF:DATES OF:

First oral disclosure, first First oral disclosure, first drawingdrawing

First written descriptionFirst written description First successful testFirst successful test First disclosure outsideFirst disclosure outside First publicationFirst publication

OBVIOUS?OBVIOUS?

““f. the differences f. the differences between the subject between the subject matter sought to be matter sought to be patented and the patented and the prior art … ”prior art … ”

OBVIOUS?OBVIOUS?

““are such that the are such that the subject matter as a subject matter as a whole would have been whole would have been obvious … ”obvious … ”

OBVIOUS?OBVIOUS?

““at the time the at the time the invention was madeinvention was made … ”… ”

OBVIOUS?OBVIOUS?

““to a person having to a person having ordinary skill … ”ordinary skill … ”

OBVIOUS?OBVIOUS?

““in the art to which in the art to which said subject matter said subject matter pertains.”pertains.”

Requirements For Requirements For Invention DisclosuresInvention Disclosures

Known Prior Art Techniques for Known Prior Art Techniques for Solving the Above ProblemsSolving the Above Problems

(at least the three closest (at least the three closest patents, technical articles, patents, technical articles, technical specifications, or technical specifications, or product descriptions)product descriptions)

Disadvantages of the old Disadvantages of the old techniquestechniques

Requirements For Requirements For Invention Invention

DisclosuresDisclosuresA detailed description A detailed description including sketches, etc. of including sketches, etc. of the invention, including the invention, including what you feel are the novel what you feel are the novel features of the invention, features of the invention, and how it solves the and how it solves the foregoing problems.foregoing problems.

NO PATENTS FOR:NO PATENTS FOR:

MERE IDEAS: Drive-in MERE IDEAS: Drive-in theatre theatre

LAWS OF NATURE: LAWS OF NATURE: GravityGravity

MATH FORMULAS: MATH FORMULAS: E=mcE=mc22

Patent Software!Patent Software!4,528,643 4,528,643 System for System for reproducing information in material reproducing information in material objects at a point of sale locationobjects at a point of sale location

(selling and downloading digital (selling and downloading digital information between computers)information between computers)

IBM bought a license.IBM bought a license.

Patent Software!Patent Software!

5,220,501 5,220,501 Method for remote Method for remote delivery of retail banking delivery of retail banking servicesservices

““All expenditures made All expenditures made through a 'real time' debit through a 'real time' debit network from any network from any in-home terminal”in-home terminal”

BMC Software BMC Software PatentsPatents

5,005,137 5,005,137 Method for optimizing Method for optimizing data streams containing two-byte data streams containing two-byte characterscharacters

5,396,623 5,396,623 Method for editing the Method for editing the contents of a DB2 table using an contents of a DB2 table using an editproc managereditproc manager

5,440,692 5,440,692 Method of dynamically Method of dynamically expanding or contracting a DB2 expanding or contracting a DB2 buffer poolbuffer pool

Input/Output’sInput/Output’sSoftware PatentSoftware Patent

5,761,1535,761,153 Method of locating Method of locating hydrophoneshydrophones

Method of locating Method of locating hydrophoneshydrophones

A method of computing the A method of computing the location of air guns and location of air guns and hydrophones within a seismic hydrophones within a seismic spread utilizing a navigation spread utilizing a navigation network having a plurality of network having a plurality of stations,stations,

Method of Method of locating locating

hydrophoneshydrophonesthe network providing a the network providing a plurality of navigation plurality of navigation observations, a number of the observations, a number of the observations consisting of observations consisting of magnetic bearings used to magnetic bearings used to derive the hydrophone derive the hydrophone locations, the method locations, the method comprising the steps of:comprising the steps of:

File early.File early.

Software is Software is patentable.patentable.

Don’t assume Don’t assume obviousness.obviousness.

REMEMBER . . .REMEMBER . . .