Posts Tagged ‘existing product’

Design and Business Method patents

Monday, December 7th, 2009

Ideally, a patent application should be made before the invention is disclosed to the public. Once the invention is made public, you lose the opportunity to file for patent protection in most foreign countries. Ideas cannot be patented. However, you can file a Disclosure Document — a witnessed and notarized description and sketch of your invention — which the USPTO holds for two years.

Business method patents are part of a larger family of patents known as utility patents that protect inventions, chemical formulas, and other discoveries. A business method is classified as process because it is not a physical object like a mechanical invention or chemical composition. Business method patents are only one embodiment of abstract ideas that were deemed to be non-patentable subject matter. While there no longer is a “business method patent” exception to patentable subject matter, the algorithm exception to patentable subject matter still stands.

Design patents are a useful tool to protect innovative designs in computer equipment and peripherals. New, original commercial designs for products can be protected relatively inexpensively, thereby preventing a competitor from making a product which looks identical to an existing product. Design patents only cover an item’s look or form. Design patents do NOT protect an idea or an invention, but rather only protect ornamental design of exactly what is pictured. This means that they are weaker than a utility patent, but because they are VERY easy to get you should consider them to round out your portfolio.

General Patent Information

Monday, December 7th, 2009

Patents are granted by the US government to inventors for new, non-obvious and useful inventions and discoveries, and similar standards of patentability are applied around the globe. A patent grants to its owner the right to exclude others from making, using or selling a patented machine or composition of matter, or using a patented method, typically for a period of 20 years from the date of filing a patent application. Patents are anti-capitalist and they do not allow competition. For capitalism to work their must be freedom of information. Patents are good for 20 years from filing date.

Patents are not the only defense, but they are a vital one to innovative startups that must survive in a real world. In business, as in the jungle, respect is given only to those who can protect themselves. Patents are an important source of technological intelligence that companies can use to gain strategic advantage. New software can be used for gathering, analyzing, forecasting, and managing external technology related information, including patent information. Although a preliminary patent search is suggested, before filing a patent attorney will want to do an independent search before proceeding.

Patents are usually rich in references which have to be cited to demonstrate that the particular patent is unique from, or a non-trivial improvement over, the prior art. One patent can lead to 10 or 50 related patents which each lead to even more. Patents are issued by individual governments and are meant to benefit both the inventor and the society at large. Patents provide the inventor with a temporary right to produce and sell their invention without the threat of competition. Patents are typically used as barriers to entry to particular markets and industries by preventing “free riders” from knocking off successful products without significant investment in product development and market development. It normally is the case that a given industry will have a limited number of competitors.

Cup Holder Development

Thursday, November 12th, 2009

A cup holder is a modern device that is simple in idea and design. It is something that many of us use almost every day, if not daily, yet hardly ever consider. What would our lives be without this little development that holds our cups and other drinking vessels?

Our bodies require water to function and sustenance. Thus, drinking has become a part of our every day lives. It is strongly recommended that we drink eight to ten glasses of water per day. If you are striving to maintain your health and weight, this is a good practice, and will usually require carrying water with you at all times. Not only is drinking a necessity for life, but it has also become habit, such as morning coffee. Drinking certain beverages such as lattes or cappuccinos can also be the fashionable thing to do. So we drink to live, we drink out of habit, and we drink because it is the popular thing to do.

Perhaps James Guillow realized this when he invented the cup holder in’43. Sadly, the potential of his invention was not realized until many years later.

When drive-in and drive-through restaurants became popular in the’60′s, cup holders began to be sold. They were then in developmental form and were often just little wedges that clipped onto the car door window or would fit in the center console.

Later on built in cup holders became more common, especially when minivans came onto the scene. With time, automakers had to become more inventive with cup holders as commercial industries began selling soft drinks in varied cup and bottle sizes. This was a challenge that the auto industry has lived up to.

The major event that led up to the popularity of cup holders was a lawsuit filed against McDonalds when a seventy-year old woman had a cup of scalding hot coffee spilled on her lap. Although she merely asked for an apology and money to pay her doctor and cleaning fee, the company harshly refused, a decision that ended up costing them millions. After this incident, companies realized the hazard posed by hot drinks and the use of cup holders grew by leaps and bounds.

The use of cup holders in cars actually have more to do with safety than anything. With over six million auto accidents occurring each year in the United States, we should be doing everything possible to decrease this statistic. Doing anything while driving can be a distraction that could end up in a bad accident. Using a cup holder instead of trying to hold your cup and drive could keep you from having an accident.

Some important attributes of a cup holder include not only its size, design, and functionality, but also its location and placement. Cup holders need to be placed within reach, yet not in the way. This is especially true if you are driving a manual stick shift automobile.

Any parent with small children knows how invaluable a cup holder can be. Parents only have so many hands! Manufacturers have listened and realized this; as a result, nearly all baby strollers and car seats are equipped with this convenience.

Now cup holders are such a modern convenience that they would be greatly missed were they to suddenly start disappearing. For not only have we begun to use them for their primary purpose, but they have suddenly become coin holders, phone holders, and a good place to set any small items you need easy access to without the worry of them flying across the floor! So yes, cup holders have become a necessity for most Americans’ daily lives.