DocumentCode :
1208564
Title :
Patents: to file or not to file?
Author :
Emma, Phil
Volume :
25
Issue :
5
fYear :
2005
Firstpage :
79
Lastpage :
81
Abstract :
In the previous paper, the author discussed the three criteria for patentability: novelty, usefulness, and nonobviousness and the practical value of obtaining a patent in terms of discoverability - the ease with which infringement can be determined, and in terms of avoidance - the ease with which a potential user of someone´s invention could achieve similar results without using that invention. In this paper, the author continues the discussion of the practical value of a patent. Suppose that you have decided that your invention is novel, useful, and nonobvious. Further, suppose that you have decided that your invention is unavoidable (that is, it is the only reasonable way to do whatever it does), and that infringement would be easily discoverable. The remaining questions as to whether to proceed with a patent application are: Who would be likely to use your invention? Based on your answer to #1, what is the value to you of owning the patent? How much will it cost you to obtain the patent? Will your patent stand up in court if it is challenged?.
Keywords :
patents; infringement; patentability criteria; patents; Companies; Corporate acquisitions; Costs; Electrical engineering; Intellectual property; Licenses; Physics; Portfolios; Trademarks; Writing; PTO; Patents; infringement of a patent;
fLanguage :
English
Journal_Title :
Micro, IEEE
Publisher :
ieee
ISSN :
0272-1732
Type :
jour
DOI :
10.1109/MM.2005.96
Filename :
1528460
Link To Document :
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