Download - Wireless Mobile Devices Patents
Wireless Mobile Devices Patents
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t l a v i a n @ c s . b e r k e l e y. e d uU C B e r k e l e y E n g i n e e r i n g , C E T
We e k 3
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Wireless Mobile Device Patent Areas
Operating System and
Software
Semiconductor and
Electronics
Display (Touchscreen
)Qwerty
keyboard
Materials science
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Wireless Mobile Device Patent Areas (contd.)
Source: ieeexplore.ieee.org
MTSO MTSO
HLR
VLR
HLR
VLR
To otherMTSOs
PSTNPSTN
Transmission Algorithms
Data and Speech Coding
Wireless Infrastructure
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What is a Patent?
A form of intellectual propertyA grant of an exclusionary property right to
an inventor by the governmentPrevents the use of an invention by others for
the duration of the patent In return, the inventor must fully disclose the
details of the invention to the public (the quid pro quo)
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What is a Patent? (Contd.)
Protects an idea, not an implementationPatent owner can keep others from using the
invention (they would be infringing) or license it
Patent ownership (assignment) can be bought and sold or traded
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What is a Patent (Contd.)
Right to exclude the making, using, selling, offering for sale or importation of an invention (may not “infringe”)
Limited time (typically 20 years from the date of filing with USPTO)
Limited geographic territory (issuing country)
Monopoly awarded by the government forsharing the invention with the public
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About USPTO
Go to: www.uspto.gov
For example, you can search patents on this website#5, 778, 372 – “Remote retrieval and display management of electronic document with incorporated images.”#6, 339, 780 – “Loading status in a hypermedia browser having a limited available display area.”#5, 889, 522 – “System provided child window controls.”
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Innovation: Long-term Health
• Ideas• Concepts• Knowledge• Secret
sauce• Skills• Patents
• Creativity• Inventions• Software• Trade
Secrets• Work
Processes
You need a healthy root system for the tree to flourish!
Innovation Innovation
9What Can Be Patented for Wireless Mobile Devices?
“Everything under the sun made by man.” Products: things Processes: ways to make things Methods: ways to do things
Improvements: better things Software and operating system
Both the above applies to wireless mobile devices!
10What Can Be Patented for Wireless Mobile Devices?
Defined Classes Article of Manufacture Machine Composition Process
Some more: Business Methods Services
MTSO MTSOHLR
VLR
HLR
VLR
To otherMTSOs
PSTNPSTNBoth the above applies to wireless mobile devices!
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Important parts of a Patent Application
Title of the invention
Cross Reference to related
applications
Stetement regarding federally
sponsored research or
development
Names of the parties
Background of the invention
Brief summary of the invention
Brief description of the several views of the description
Detailed Description
A claim or claims, abstract of the disclosure
http://www.patentlyo.com/patent/2005/12/what_are_the_pa.html
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Patent Documentation
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Important parts of a Patent –for a Startup
Claims Inventors Filing Date
http://mashable.com/2012/08/29/3-parts-of-a-patent-every-startup-should-know-about/
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What is Not Patentable
o Laws of nature (wind, gravity)o Physical phenomena (sand, water)o Abstract ideas (mathematics, a
philosophy) o Algorithms (e.g., abstract math)o Anything not useful, novel and non-
obvious (perpetual motion machine)o Inventions which are offensive to public
morality or designed for an illegal activityo Inventions that cannot be implemented
usingcurrent technology (enablement)
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Types of Patents
oDesignoThe distinctive lookoPlantoNew or discovered asexually reproduced plant
oUtility PatentoProcess, machine, manufacture, composition of matter, improvements
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Types of Patents
Type Is for Term #sUtility
Function, use 20 years
6,214,874
Design
Appearance 14 years
D202,331
Plant Asexually reproduced
20 years
PP10123
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Types of Patents (Contd.)
oDesignoThe distinctive lookoPlantoNew or discovered asexually reproduced plant
oUtility PatentoProcess, machine, manufacture, composition of matter, improvements
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Design Patent Example(What are the differences from a Utility Patent?)
Electronic Page Turning
http://www.theverge.com/2012/11/19/3659382/apple-design-patent-on-virtual-page-turn
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Design Patent Example
Electronic Page Turning
http://www.theverge.com/2012/11/19/3659382/apple-design-patent-on-virtual-page-turn
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Utility Patents
o Most applicable to electronics and software engineers
o Usually the most valuable, complex and difficult to obtain
o Must satisfy key criteria:o Invention must be
Useful Novel Non-obvious
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Patents Must Be Useful
oUseful – process, methodo Meets a need or solves a problemo Fills current or anticipated needo Can be “reduced to practice”, operated
or enabled( e.g., can be built and function)
o Can be an improvement (better mousetrap)
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Utility Patents Must Be Novel
oMust be new oNot done before in substantially the same way
oNo “Prior Art”oNot known to the public before it was invented
Not described in a publication (*)Not used or offered for sale publicly (*)
o Includes your own work* more than one year before filing patent
application
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Novelty Considerations
o How “broad” is the inventiono What problem it solveso How it solves the problemo If the structure is known, are elements
used in a new way?o If the function is known, is a new
problem solved?
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Utility Patents Must Be Non-Obvious
o Would not have been obvious to one “skilled in the art” to do thiso Includes combining different prior art
o Must not be trivial or insignificanto Examples
Substituting one material for another Changing the size (miniaturization) Changing implementation (software or
hardware, custom ASIC)
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How Much Prior Art
oFor Anticipationo A single piece of prior art practices all the
elements of a (single) claim (e.g., the claim “reads on” this single reference)
o For Obviousnesso Usually more than one reference used to
practice the claimo Could be one reference PLUS the knowledge
of the “Person Having Ordinary Skill in the Art”, aka PHOSITA
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Secondary ConsiderationsIn Addition to Prior Art
o The invention's commercial success
o Long-felt but unresolved needs
o Previous failure of others
o Skepticism by expertso Praise by otherso Teaching away by
otherso Solves an
unrecognized problem
o Solves an insoluble problem
o Copying of the invention by competitors
o Omission of an element
o Crowded arto Not suggested
modificationo Unappreciated
advantage