1 Introduction to Patents Charlotte Erdmann Engineering Library October 2005

Patent and Trademark Depository Library Program 2 Goals Today zDiscuss the basics of intellectual property emphasizing patents z Introduce classification z Discuss searching

Patent and Trademark Depository Library Program 3 Types of Intellectual Property zPatents zTrade secrets zTrademarks zCopyrights

Patent and Trademark Depository Library Program 4 Patents zCongress shall have the power...To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. yUnited States Constitution Article I, Section 8, Clause 8

Patent and Trademark Depository Library Program 5 What Is a Patent? zGrant of a property right by the Government to an inventor (or heirs or assignees) for a limited period of time zRight to exclude others from making, using, offering for sale, selling or importing the invention into the United States

Patent and Trademark Depository Library Program 6 What Can Be Patented? zProcesses zMachines zManufactured articles zCompositions of matter zAnimals zAsexually reproduced plants zOrnamental design of useful objects zImprovements

Patent and Trademark Depository Library Program 7 Types of Patents zNon-provisional yUtility yDesign yPlant zProvisional yOne year to file non-provisional or lose rights to patent

Patent and Trademark Depository Library Program 8 What Can Not Be Patented? zPrinted matter zObvious devices zUseless devices zPerpetual motion machines zNuclear weapons

Patent and Trademark Depository Library Program 9 Is Invention Patentable in U.S.? zNo, “If invention is known to others in this country, or patented or described in a printed publication in this or a foreign country” zNo, “If patented is described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application.”

Patent and Trademark Depository Library Program 10 Similarities and Differences between U.S. and Most Countries zUnited States yFirst to invent; lab notebooks may be important to prove first to invent yApplication must be filed within one year of publication, etc. yDisclose prior art zMost countries yFirst to file, i.e. first to get application to the office. yNo publication or public diclosure before application yPrior art disclosure is not necessary Similarities: Patent rights are enforceable in a country in which you have an issued patent. Differences:

Patent and Trademark Depository Library Program 11 Statuatory Requirements of Patentability zNew zUnobvious zUseful zFull disclosure

Patent and Trademark Depository Library Program 12 Full disclosure – sample patent zBackground zSummary zDrawings zDetailed description zClaims

Patent and Trademark Depository Library Program 13 Claims zGive a patent its power zExclude others from making, using, offering for sale, selling or importing the invention into the United States zMust be enforced by the inventor or assignee in infringement cases

Patent and Trademark Depository Library Program 14 Terms of Patent zUtility and Plant 20 years - application date Previously 17 years - issue date zDesign 14 years from issue date

Patent and Trademark Depository Library Program 15 Maintenance Fees for Utility Patents z Fees Paid to Keep Patent Active y3 ½ years y7 ½ years y11 ½ years z If Not Paid, Patent Term Ends Early

Patent and Trademark Depository Library Program 16 United States Patent Patent Number: 5,832,769 Schultz Date of Patent: *Nov. 10, 1998 APPARATUS FOR NECKING CAN BODIES Inventor: Robert H. Schultz, Golden, Colorado Assignee: Coors Brewing Company

Patent and Trademark Depository Library Program 17 United States Patent Patent Number: Des. 402,198 Schultz Date of Patent: ***Dec. 8, 1998 BEVERAGE CAN WITH TAPERED PROFILE AND FOOTBALL SURFACE ORNAMENTATION Inventor: Robert H. Schultz ; William A. Sedgeley both of Golden, Colorado Assignee: Coors Brewing Company

Patent and Trademark Depository Library Program 18 United States PatentPatent Number: PP10,723 Butcher Date of Patent: Dec. 15, 1998 CHRYSANTHEMUM PLAN NAMED ‘KIAH’ Inventor:Butcher; Thomas A. (800 Field St., Lakewood, CO 80215)

Patent and Trademark Depository Library Program 19 What’s New? Many Applications Published Since 2001 (18 months) (54) Drink Spout System (76) Inventors: Scott H. Stillinger and Donald J. Panek

Patent and Trademark Depository Library Program 20 Access to Patents – Web and Purdue’s Engineering Library Direct web1790-date Purdue has: zDVD (Issued Patents)1790-date zDVD (Published Applications) 3/2001-date zMicrofilm (Issued Patents) zPaper, Class 244 (Aerospace) Thru 1979