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【正文】 cation ? File the application in . Patent Trademark Office ? If successful, the utility patent life will be 20 years (prior to mid1995 the life was 17 years) 28 Utility Patents: Provisional Patent Application臨時專利申請 ? Beginning in mid1995, inventors were permitted to file a provisional application ? Filing dates can be established more quickly at lower costs, small entities are charged lower filing fees ? Allows the inventor to use the term “patent pending” on the invention ? However, patent rights protection occur only when a patent is issued 29 Provisional Patent Application Requirements Conditions 臨時專利申請的要求與條件 ? An invention title, the inventor’s name, residence, address for correspondence ? Clearly written description and “drawings” ? A person skilled in the art of the invention’s area should be able to use or practice the invention ? Has a life of 12 months will be abandoned unless a regular patent application is filed 30 Regular Patent Application Requirements常規(guī)專利申請要求 ? A detailed written description of the invention detailed drawings of how the invention works ? One or more claims justifying why the invention should be patented ? Inventor must indicate the “best use” or method of practicing or carrying out the invention 31 Why Might Your Patent Application be Rejected? For a patent application to be accepted, the invention must be: ?Useful有用 the invention cannot just “do nothing” ?Novel新創(chuàng) the invention was not previously produced, described in a publication, or patented ?NonObvious“非顯而易見” invention should be “nonobvious” to a person with ordinary skills in the art of the invention’s area or subject 32 Why Might Your Patent Application be Rejected (cont’d)? Timing of filing the application ? must be filed within one year of first introduction to the public ? in the future, it may be necessary to file prior to any public disclosure or use 33 What Does Having a Patent do for the Inventor? ? The government does not enforce your rights ? The burden of enforcing the patent lies with the inventor and enforcement can be costly ? Records indicate that over onehalf of patent infringement suits taken to court are not upheld on behalf of the inventor 34 Trade Secrets商業(yè)秘密 ? Trade secrets: intellectual property rights in the form of inventions information (., formulas, processes, customer lists, etc.) ? Trade secrets are not generally known to others convey economic advantages to the holders 35 Trade Secrets (continued) ? Why Consider Protection as a Trade Secret instead of as a Patent? ? trade secret law can sometimes protect inventions that did not qualify for patents ? some inventors want to avoid the detailed disclosure required by the . Patent and Trademark Office ? there are no time restrictions on trade secrets (in contrast to patents) Other Methods 36 Trade Secrets (continued) ? What are Drawbacks of Seeking Protection under Trade Secrets Law? ? 尋求商業(yè)秘密法律保護的缺陷是什么？ ? there is no formal proc
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