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This is the complete guide to intellectual property: thinking concepts for discovering it, creating it, protecting it, and profiting from it
Whether you're an individual inventor or an innovator inside a small to medium business or large enterprise, you need a deep, business-focused understanding of intellectual property: patents, trademarks, service marks, copyrights, trade secrets, and the entire invention process. In this book, Craig Fellenstein teaches his own critical techniques that have helped him to have over 65 patent applications filed.
Drawing on his expertise in mentoring invention and patent teams, Fellenstein introduces best practices for managing the entire process of creating and protecting intellectual property.Coverage includes
How inventors think: a complete case study teaching how to conceptualize ideas for new patentable inventions—causing discovery of new patent ideas
Validating your invention's uniqueness: critical skills, practical search tools, and the principles of "prior art"
Refining and strengthening your inventions
Preparing patents that professional evaluators will view favorably
Multiple submissions: discovering and filing for follow-on patents that flow from your original ideas
Getting a strong patent that will be more likely to withstand any potential challenges after issuance
Establishing effective incentives for the creation of new intellectual property
Harvesting and commercializing inventions: practical lessons for inventors
Using "invention teams" to systematize and accelerate the innovation process
Different ways to protect your intellectual property: patents, trademarks, service marks, trade secrets, and copyrights
© Copyright Pearson Education. All rights reserved.
Patents, Copyrights, and Trademarks—A Look Back
1. Patents, Copyrights, and Trademarks–A Look Back.
The History of Inventions
An Example of an Early Patent
A Timeline of Inventions
The History of Copyrights
American Copyright Law Was First Seen in the Copyright Act of 1790
1787: U.S. Constitution
1790: Copyright Act of 1790
1831: Revision of the Copyright Act
1834: Wheaton v. Peters
1841: Folsom v. Marsh
1853: Stowe v. Thomas
1870: Revision of the Copyright Act
1886: Berne Convention
1891: International Copyright Treaty
1909: Revision of the U.S. Copyright Act
1973: Williams and Wilkins Co. v. United States
1976: Revision of the U.S. Copyright Act
1976: Classroom Guidelines
1976: CONTU Process
1983: Encyclopedia Britannica Educational Corp. v. Crooks
1986: Maxtone-Graham v. Burtchaell
1987: Salinger v. Random House
1988: Berne Convention
1990: Circulation of Computer Software
1991: Basic Books, Inc. v. Kinko’s Graphics Corp.
1991: Feist Publications v. Rural Telephone Service Co., Inc.
1992: American Geophysical Union v. Texaco
1992: Amendment to Section 304 of Title 17
1993: Playboy Enterprises Inc. v. Frena
1993: NII Initiative
1994: Campbell v. Acuff-Rose Music Inc.
1994: Working Group’s Green Paper
1995: Religious Technology Center v. Netcom
1995: Release of the White Paper
1996: TRIPS Agreement
1996: Database Protection Legislation
1996: Princeton University Press, MacMillan Inc., and St. Martin’s Press v. Michigan Document Services, Inc., and James Smith
1996: World Intellectual Property Organization
1998: Sonny Bono Copyright Term Extension Act
1998: Digital Millenium Copyright Act
1999: Bender v. West Publishing Co.
1999: UCITA Passed by NCCUSL
1999: Digital Theft Deterrence and Copyright Damages Improvement Act of 1999
2000: Virginia Passed UCITA
2000: Librarian of Congress Issued Ruling on DMCA
2000: Register.com v. Verio
2001: Greenberg v. National Geographic Society
2001: New York Times v. Tasini
2001: Russian Programmer Arrested for Copyright Circumvention
2001: State Sovereign Immunity
2002: Consumer Broadband and Digital Television Promotion Act (S. 2048) Introduced in Senate
2002: ABA Issues UCITA Report
2002: U.S. Supreme Court Hears Challenge to 1998 Copyright Term Extension Act
2002: Senate Approves Distance Education Legislation
Additional Reading on Copyrights
Web Resources on Copyrights
The History of Trademarks
2. Formulating the Idea.
Ideas: Are They Copyrights, Patents, Trademarks, Trade Secrets, or Engineering Innovations?
Problem, Solution, and Novelty and Uniqueness Test
Think Beyond Those “Skilled in the Art”
Management of Innovation
3. Search Strategies, Techniques, and Search Tools to Validate the Uniqueness of Any Invention.
Boolean AND NOT
Implied Boolean: Plus and Minus Signs
Plural Forms, Capital Letters, and Alternate Spellings
Performing a “Search” in Five Easy Steps
Step 1: State What You Want to Find
Step 2: Identify the Keywords
Step 3: Select Synonyms and Variant Word Forms
Step 4: Combine Synonym, Keywords, and Variant Word forms
Step 5: Check Your Spelling
U.S. Patents and Trademarks Office Search Example
An Example of a U.S. “Prior Art” Search Site
A Simple Prior Art Search
An Advanced Prior Art Search
The Actual Prior Art Search and Evaluation
Understanding the Patent Abstract
Apparatus and Method for Blocking Television Commercials and Providing an Archive Interrogation Program
Determine if There Is Prior Art–Using Several Real Examples
Apparatus and Method for Blocking Television Commercials and Displaying Alternative Programming
Invent Around the Prior Art While Strengthening Your Idea
Apparatus and Method of Searching for Desired Television Content
Record Keeping and Invention Strengthening
The Illustration Pages
Web Sources for Conducting Patent Searches
Patent Law links
4. Invention Teams.
Invention Team Core Members and Objectives
The Leadership Team
The Technical Writers/Technology Specialists
Patent Defense Members
Invention Team Processes
Inventor Mentoring and Strengthening of Ideas
5. Invention Evaluation Teams.
How to Start an Invention Evaluation Team
Evaluation Team Roles and Responsibilities
Inventor and Evaluator Interactions
Guidance on Secrecy Practices for Patents
A1-1. Patent Applications and Government Security
A1-2. A Secrecy Order Is Needed When the Application Includes Certain Items
A1-3. A Secrecy Order Is not Needed When the Application Includes Certain Items
A1-4. As an Expert in the Technical Area, the Review Should Provide the Following Recommendations
A1-5. Some Clarifications Related to Secrecy Orders
Intellectual Property Asset Commercialization
Shanghai’s Intellectual Property Asset Evaluation System and It’s Growth
China’s Growth in Intellectual Property Areas
6. Defining a Patent: The Problem, Solution, and Novelty.
The Skill of Problem Identification
The Skills of Solution Development
The Skills of Novelty Harvesting
What Are Claims?
7. Mining Intellectual Property Assets.
How to Articulate Multiple Related Problems
How to Articulate Multiple Solutions for Multiple Problems
8. Intellectual Property.
For More Information on Intellectual Property
9. Property Protection: Copyrights, Trademarks, Trade Secrets, Patents, and Publishing Intellectual Property.
The Value of a Copyright, and How to Initiate It
The Value of a Trademark (and Service Mark), and How to Initiate It
International Trademark Association (INTA)
The INTA Mission
The Trade Secret and How to Exercise Control
The Patent and How to Initiate It
The Significance of Publishing Intellectual Property
The Considerations of Intellectual Property Protection
Intellectual Property in Simple Terms
Responsible Protection of Intellectual Property
Is Your Intellectual Property Secure?
Offensive and Defensive Security Measures