16
Become a troll. Or join up with one. Or sell out to one. Or sell to someone else who wants your patent for other reasons.
There are now a very large number of investors and attorneys who will help you to monetize your patent - provided they think they can make money from it. Almost all of them would be described as patent trolls, more politely known as "...
9
Yes, it's called a statutory disclaimer:
A patentee owning the whole or any sectional interest in a patent may disclaim any complete claim or claims in a patent. In like manner any patentee may disclaim or dedicate to the public the entire term, or any terminal part of the term, of the patent granted.
7
Find patent attorney and figure out best strategy
Let the patent attorney to contact with that company who infringes your patent.
Try to negotiate.
6
Maybe http://www.openinventionnetwork.com/ could help you with that ?
From their website:
Open Invention Network® is refining the intellectual property model so that important patents are openly shared in a collaborative environment. Patents owned by Open Invention Network® are available royalty-free to any company, institution or individual that agrees ...
6
This is precisely what Acacia Research does.
If you have an issued patent that is being infringed, then Acacia will assess its value, then if the numbers work, have you transfer ownership of your patent to a separate legal entity (business shell) that both you and Acacia own. Acacia then spends their resources to collect compensation on the intellectual ...
5
Making and offering for sale are also on the list of things one can't do. Designing is ok but testing prototypes might be making and using. If the patent owner is agreeable you could negotiate a non-exclusive license for a single payment fixed amount to make and use but not to offer for sale or sell (until it expired). Or a license (exclusive or not ...
4
For software, there are two main ways of claiming intellectual property. Firstly, your work would automatically be covered by copyright. However, that will not protect the essential idea in your project. Anybody else could re-implement the idea on their own and sidestep your copyright.
Alternatively, to protect the main idea itself, you could attempt to ...
4
Good Question Gabmon. You asked about quick protection for your app prior to release.
My answer here focuses on legal questions. Successful protection of software often relies on both legal rights and practical steps. I lock the door of my house even though the law says I don't need to and someone trespassing could be jailed. In the same way, you may be ...
4
When you provide a license you are giving someone particular rights to something you own. First you need to own something before you have anything to licence to others. In the context of your question you are licensing your copyright. Copyright is automatic as soon as someone writes or draws something original. It only covers that particular "expression" and ...
3
Here's something for you to consider: 35 U.S.C. 102.
Under 102(a), you cannot obtain a patent if the claimed invention was "patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date."
There are several exceptions to this rule, however. One of them is 102(b)(1), which ...
3
The effects of granted patents (including European patents) in Germany are defined in the Patentgesetz. Relevant for your question is probably §11.1, according to which non-commercial activities in the private area are not affected by patent protection. In any case, according to §9, patents only concern activities such as the production, sale or use of a ...
3
This is a multi-layered question.
1) An inventor who fully assigns his patent rights to someone else (such as his employer) generally does not have any right to practice the invention. Now, you could have contracted for a license-back, but I suspect that you did not. In addition, you should remember that patents expire early because companies decide not ...
3
Let me summarize what I see as your contentions to support this case.
You contend:
... that cell phone vendors are paying Microsoft
... how much that is
... that it's affecting the price you pay for a phone
... that it's to license patents
... that those patents are invalid
The US Federal (civil) courts operate under the Federal Rules of Civil Procedure. ...
3
If they use your patented invention, they need to obtain a license from you. If you want to use their improvement, you would need to obtain a license from them.
2
You might want to contact the company first, to see if they will try to settle with you. If not, then you can try the following.
If you lack the resources, I think it would makes sense to team up with someone or a company that does have the resources.
If you have a strong case, and can show they are already in violation, then the person/company with ...
2
If you haven't yet filed a patent application, the most cost-effective way to accomplish your goal is a defensive publication. Very important: Make sure that you disclose enough information so that people of ordinary skill in the field of invention to which your invention pertains can make and use the invention without having to engage in an unreasonable ...
2
Probably not, but it depends on the law of the country in which you worked. In many places, the invention belongs by law to the employer. It also depends on whether the invention is covered in your current country. I suggest you obtain professional advice before taking any actions.
2
Lots of avenues to explore here. First is the breadth or scope of use of the patented technology. Is it going to be used only within your business? Or will it be part of a product or service that your customers use? Is it essential or just nice to have - i.e., how much is it worth to you? Is your project the iPhone 6 or a neighborhood car pool web site?
...
2
Patents are subject to RAND/FRAND commitments if the patent holder is part of a standards-development organization (SDO) that imposes this requirement on its participants. Such SDOs are typically voluntary membership organizations that any interested party can join, so long as they agree to the SDO's policies (including its FRAND policy).
A FRAND ...
2
A US court (sorry not knowledgeable about EU antitrust) may impose (F)RAND licensing if the holder of the patent typically licenses the patents under a (F)RAND scheme but blows the ND (non-discriminatory) part .
For example, if Phillips typically licenses all its DVD patents under (F)RAND terms to DVD reader manufacturers, but then suddenly decides to ...
2
This bit of new legislation purports to amend Section 285 to allow an accused infringer to file a motion (A) limiting discovery and more importantly, (B) forcing the patentee to pay costs and attorneys' fees if it loses on the issue of infringement or validity.
As part of this proposed rule, the moving party can request that the patentee be required to post ...
2
After you do some homework call up the inventor/owner. You can look up the owner (assignee) from the google/patents page for the patent. If there is nothing in the assignment database, then the inventors are probably the owners. By looking in Public PAIR at the USPTO you can see the inventor's address and the current official correspondence address. I would ...
2
Just to be clear - patents can not infringe patents. Products being made, sold used, or imported can infringe patents.
2
You can't file a patent if you aren't the inventor. So you don't have to worry about somebody else who didn't write the software, who sees the software and then tries to file a patent for some algorithm in the software. That would be patent fraud.
2
It's all about the claims. If all of the claims require an A, a B and a specific lock design C and you build an X a Y and a C you haven't made something that falls within the words of the claim. But if one of the claims only includes the lock then you can't make that lock.
2
Here is how to check on the status of a US Patent:
The first place to look is Google Patents: US4132029
The second place to look is the Public Pair system at USPTO.
The subject patent US4132029 was issued Jan 2, 1979:
From Public Pair you can also see that the patent was issued on Jan 2, 1979.
For older applications (filed prior to Jun 8, 1995), the term ...
2
I think you are asking what kind of patent application do you need. The full name of a provisional patent application is a provisional utility application. Besides utility patents there are design patents that protect the appearance of a product, not the function. "Patent Pending" means there is some patent application of some type on file.
It can take ...
2
I'm a scientist at Twist.
The easiest way to access RPA is to buy a kit. It's quite involved to make the reactions from scratch so it's not trivial to DIY. There are lots of proteins, not all of which are commercially available individually (and certainly not economically).
The terms of supply are available online, but Section 6.4 is the relevant one, ...
2
A patent grants you a negative right. That is, it gives you the ability to stop other people from doing something, not to do it yourself.
There are a few times when that's relevant, like if you invent a new way of unlocking car doors, you aren't then allowed to steal cars, or as in your case, if you invent something that improves on something else, you aren'...
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