專利和其他知識產權簡介

我過去的半年中在申請專利, 對專利做了一些小小的研究, 詳細內容參見"Patent It Yourself"一書,

多次回國和國內的企業家, VC交流, 現在的中國其實什麽都有: 人才, 資金, 和工廠.缺的是創新的理念和產品,所以很想做一些新的東西, 如有朋友對Innovation, Patent感興趣, 大家可以互相交流學習. 篇幅有限, 下麵是專利和其他知識產權簡介.

The Three Types of Patents
• Utility Patents: are awarded for new processes, machines, manufactures, or compositions of matter, or new uses of any of the above.
• Design Patents: are awarded to nonfunctional, ornamental, or aesthetic design elements of an invention or product.
• Plant Patents: a granted for asexually or sexually reproducible plants (such as flowers).

The Patent Requirements:
• Novelty
• Unobviousness
• In a statutory class
• Useful

The Time Patent Rights Last
• Utility and plant patents: 20 years
• Design patents: 14 years

The Life of an Invention
• Invention Conceived but Not Yet Documented
• Invention Documented but Patent Application Not Yet Filed
• Patent Pending - Patent Application Filed but Not Yet Issued
• In-Force Patent - Patent Issued but Hasn't Yet Expired
• Patent Expired

Patent Filing Deadlines
You must file your patent application within one year after your first commercialize, publish, or reveal without restriction details of the invention.
You are permitted to file a "provisional patent application" (PPA), then file a regular patent application within one year after the PPA's filing date.

Patent Fees
• Utility Patents:
- Application Filing Fee:
PPA filing fee: $210/105
Filing Fee includes filing fee, search fee, examination fee. $1030/515
- Application Issues and Post-Issue Fees:
Utility Patent Application Issue Fee: $1440/720
Utility Patent Publication Fee: $300
- Utility Patent Maintenance Fees:
Maintenance Fee I - 3.0 ~ 3.5 years after issuance $930/465
Maintenance Fee II - 7.0 ~ 7.5 years after issuance $2360/1180
Maintenance Fee III - 11.0 ~ 11.5 years after issuance $3910/1955
• Design Patents:
- Application Filing Fee:
$440/220
- Application Issue and Post-Issue Fee:
$820/410

The Scope of the Patent
Throughout the entire U.S., its territories, and possessions.

Intellectual Property - The Big Picture
Patent Law: deals with the protection of the mental concepts or creations known as inventions.
Trademark Law: deals with the degree to which the owner of a symbol used in marketing goods or services will be afforded a monopoly over the use of the symbol.
Copyright Law: grants authors, composers, programmers, artists, and the like the right to prevent others from copying or using their original expression without permission and to recover damages from those who do so.
Trade Secret Law: deals with the acquisition of offensive rights on private knowledge that gives the owner a competitive business advantage.
Unfair Competition Law

Invention Exploitation Flowchart
RESAM:
- Record Conception and Building + Testing and File Provisional Patent Application (Optional)
- Evaluate Commercial Potential
- Search Patentability
- Apply for Utility and /or Design Patent Application
- Market Invention

所有跟帖： 

• 頂。我也在打算申請專利。 -kabab- ♂ (600 bytes) () 04/30/2010 postreply 14:06:54

• 如果你有較大的發明，最好的辦法是申請專利保護，這樣在轉讓的時侯也好 -hsongk- ♀ (330 bytes) () 05/03/2010 postreply 23:16:00

• 回複：專利和其他知識產權簡介 -wxc333888- ♂ (33 bytes) () 05/04/2010 postreply 07:17:34