2/2/09 - L14 Patents Part2Copyright Joanne DeGroat, ECE, OSU1 Patents Part 2

2/2/09 - L14 Patents Part2Copyright Joanne DeGroat, ECE, OSU2 Overview  Patents What they are Why they are important The patent attorney Patent infringement

Patent Infringement  Patent infringement is the act of utilizing a patented invention without permission from the patent holder.inventionpatent  Permission may typically be granted in the form of a license.license  In many countries a use is required to be commercial (or to have a commercial purpose) to constitute a patent infringement. 2/2/09 - L14 Patents Part2Copyright Joanne DeGroat, ECE, OSU3

Or is it infringement???  “I had the idea first!” exclaimed the inventor.  Did he have the idea first?????  Documentation is the key. 2/2/09 - L14 Patents Part2Copyright Joanne DeGroat, ECE, OSU4

Documenting your ideas  Use a notebook that is hard bound – pages cannot be added.  Each page is dated.  After starting the notebook with a short synopsis of the idea, date those pages. On the next page have an annotation that states 2/2/09 - L14 Patents Part2Copyright Joanne DeGroat, ECE, OSU5

Confirmation statement  Something like: “I attest to the fact that all the pages prior to this page are dated and contain a full page of material. My signature and the date that I am signing is below.”  Have one or more persons sign this page and have them also date it.  The date of signature and the dates on the first few pages should be the same. 2/2/09 - L14 Patents Part2Copyright Joanne DeGroat, ECE, OSU6

Infringement Lawsuits  Step 1 – was there infringement?  Step 2 – if there was infringement and both parties claim to have had the idea it often comes down to who had the idea first. The “who had it first” does not usually occur after a patent has been out a year or so. 2/2/09 - L14 Patents Part2Copyright Joanne DeGroat, ECE, OSU7

Infringement Lawsuits (2)  Patent Attorney – who you go to when you are filing a patent.  Patent Litigation Attorney – who you go to when there is an infringement case. Brings in “experts” to examine (study) the situation. What was implemented vs. a existing patent. What is contained in two different patents. Does the patent office every make mistakes and grant moe than one patent for the same idea? 2/2/09 - L14 Patents Part2Copyright Joanne DeGroat, ECE, OSU8

The final weeks  Due this week - Friday Draft of the Project Proposal – final complete proposal due Friday of week 10. Presentation next week  The Proposal Approach i.e. preliminary design What is your approach to solve/implement the system/device How are you going to solve the problem. 2/2/09 - L14 Patents Part2Copyright Joanne DeGroat, ECE, OSU9

The proposal  Should include various aspects of your preliminary design. Technical rational Bill of materials – i.e. what will you use, a PIC, a FPGA? Description of circuit, interfaces, enclosures, etc. Specific tasks needed to complete the project Task timeline chart 2/2/09 - L14 Patents Part2Copyright Joanne DeGroat, ECE, OSU10

Rules for the presentation  Final Presentation rules are not yet finalized Each member of team must talk during either this presentation or the final presentation. Each team member must talk at least once during the quarter!!! The presentation needs to be an effective presentation. 2/2/09 - L14 Patents Part2Copyright Joanne DeGroat, ECE, OSU11