Patent Procurement Patent System is an Incentive-Based System in - - PDF document

6/7/2011 1

Innovation, Jobs and Patents: Understanding the Connection

Presented by Paul L. Sharer June 8, 2011

Patent Procurement

• Patent System is an Incentive-Based System in

Exchange for Information

Knowledge <=> Protection (20 years)

• Technicalities can be viewed as injustices

undercutting system

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Disclaimer: The views and opinions expressed in this presentation are for discussion purposes only and do not reflect the official policy or position of Jones Day, nor do they necessarily reflect the views of the author.

6/7/2011 2

Patent System

Idea Prepare Patent Application File Patent Application

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Disclaimer: The views and opinions expressed in this presentation are for discussion purposes only and do not reflect the official policy or position of Jones Day, nor do they necessarily reflect the views of the author.

Patent System

Patent Grant Continuation Patent 20 Years Filing Date

Essentially All Prior Knowledge (Prior Art)

3-5 Years

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Disclaimer: The views and opinions expressed in this presentation are for discussion purposes only and do not reflect the official policy or position of Jones Day, nor do they necessarily reflect the views of the author.

6/7/2011 3

Prosecute Patent Application - Negotiation with the U.S. Patent Office

• 3-5 years

Patent System

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Disclaimer: The views and opinions expressed in this presentation are for discussion purposes only and do not reflect the official policy or position of Jones Day, nor do they necessarily reflect the views of the author.

Patent System

Patent Exploitation

• Licensing
• Sale
• Enforcement

(Litigation)

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Disclaimer: The views and opinions expressed in this presentation are for discussion purposes only and do not reflect the official policy or position of Jones Day, nor do they necessarily reflect the views of the author.

6/7/2011 4

Patent System

Prepare Patent Application Prosecute Patent Application Exploit Patent Rights

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Disclaimer: The views and opinions expressed in this presentation are for discussion purposes only and do not reflect the official policy or position of Jones Day, nor do they necessarily reflect the views of the author.

Investor Focus

Proprietary Position (copies are readily available)

• Firm business foundation
• Competitive advantage

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Disclaimer: The views and opinions expressed in this presentation are for discussion purposes only and do not reflect the official policy or position of Jones Day, nor do they necessarily reflect the views of the author.

6/7/2011 5

II

Patent System From Different Perspectives

Well- Funded Patent Inexperience

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Disclaimer: The views and opinions expressed in this presentation are for discussion purposes only and do not reflect the official policy or position of Jones Day, nor do they necessarily reflect the views of the author.

III IV I

Patent Expertise Limited Funding

Concepts to Consider

• Improve Awareness
• Introduce More Flexibility

Thank You!

Page 10

Disclaimer: The views and opinions expressed in this presentation are for discussion purposes only and do not reflect the official policy or position of Jones Day, nor do they necessarily reflect the views of the author.