|Monday, September 21, 2020 7:30 PM EDT / 04:30 PM PDT||General Introduction to Patents||Startups often ask why they should patent their innovations and how they should begin to learn patent laws and procedures. This session discusses the rationale for the existence of patents, compares patents to trade secrets, and outlines the legal framework that governs patents. Finally, motivation for the topics covered in the series will be provided. Goals:
– Know what patents are and how they compare to trade secrets.
– Understand the legal framework that governs patents.
– Explore a roadmap of the topics covered in the series.|
|Monday, September 28, 2020 7:30 PM EDT / 04:30 PM PDT||Claims, Inventorship, Ownership & Patent Rights||Startups often find it difficult to understand patent claim language and to sort out complex inventorship and ownership issues on their patents. This session discusses how patent claims work, the law regarding inventorship and ownership, and the scope of patent rights. Goals:
– Read a patent claim and understand its scope.
– Identify the factors that determine whether someone qualifies as a co-inventor or co-owner on a patent.
– Prevent or mitigate potential disputes regarding inventorship or ownership of patents.|
|Monday, October 5, 2020 7:30 PM EDT / 04:30 PM PDT||Patentability Requirements I: 101 (Subject Matter Eligibility) & 112 (Sufficiency of Disclosure)||Startups often ask whether their technology qualifies for patent protection, and if so, how much they must disclose in the patent application. This session discusses the patentability requirements from 35 USC 101 (patentable subject matter) and 35 USC 112 (sufficiency of disclosure). Goals:
– Identify categories of inventions that are disqualified from patent protection.
– Develop strategies for crafting claim scope to deal with abstract ideas, laws of nature, or natural phenomena issues.
– Evaluate how much to disclose in a patent application.|
|Monday, October 19, 2020 7:30 PM EDT / 04:30 PM PDT||Patentability Requirements II:
102 (Novelty)||Startups often ask how innovative their invention must be in order to qualify for patent protection and when the appropriate time in their R&D cycle to apply for patents would be. This session discusses the patentability requirements from 35 USC 102 (novelty). Goals:
– Identify potential prior art events that would disqualify an invention from patent protection.
– Understand the appropriate steps inventors must take to maintain the novelty of their invention.
– Determine a suitable timeframe to apply for patents.|
|Monday, October 26, 2020 7:30 PM EDT / 04:30 PM PDT||Patentability Requirements III: 103 (Non-Obviousness)||Startups often ask how non-obvious their invention must be in order to qualify for patent protection. This session discusses the patentability requirements from 35 USC 103 (non-obviousness). Goals:
– Understand and apply the standards the patent office and the federal courts use to gauge the non-obviousness of inventions.
– Develop strategies for overcoming claim rejections due to obviousness.|
|Monday, November 2, 2020 7:30 PM EST / 04:30 PM PST||Application Process & Prosecution I||Startups often ask how the patent application process works and how to deal with their applications being rejected. This session discusses the US patent application process and prosecuting applications. Goals:
– Understand the patent application process.
– Abide by the ethics associated with being an inventor or applicant.|
|Monday, November 16, 2020 7:30 PM EST / 04:30 PM PST||Application Process & Prosecution II||Startups often ask about other inventors' experiences dealing with the patent office. This session discusses case studies of various US patent applications undergoing examination and prosecution. Goals:
– Learn from the experience of other inventors.
– Appreciate the strategy involved in patent prosecution.|
|Monday, November 23, 2020 7:30 PM EST / 04:30 PM PST||Post-Grant Proceedings||Startups often ask how the validity of their patents may be challenged by others. This session discusses how these procedures work in the US Patent & Trademark Office (post-grant proceedings). Goals:
– Understand the various avenues by which the validity of a patent may be challenged.
– Evaluate the pros and cons of these various avenues.|
|Monday, December 7, 2020 7:30 PM EST / 04:30 PM PST||Litigation||Startups often ask how the validity of their patents may be challenged by others and how they may enforce their patents against alleged infringers. This session discusses how these procedures work in the US federal courts (litigation) and what elements constitute patent infringement. We will also discuss defenses to and remedies for patent infringement. Goals:
– Appreciate the strategy involved in patent litigation.
– Develop strategies for crafting a strong patent application with an eye towards potential litigation later.|
|Monday, December 14, 2020 7:30 PM EST / 04:30 PM PST||Licensing & Business Considerations||Startups often ask how they may generate revenue from their patents. This session discusses the laws that govern patent licensing deals and the relationship between patent portfolios and company valuation. Goals:
– Identify the relevant factors in negotiating a favorable patent licensing deal.
– Appreciate the value that patents provide to make a business more attractive to investors.|