INTELLECTUAL PROPERTY September, 2011 Blaine Gaither, HP Business Critical Servers I am a non-attorney non-spokesperson Nothing herein should be construed as legal advice This is not a do-it-yourself guide, get an attorney All statements are personal and do not represent HP 2011 Hewlett-Packard Development Company, L.P. The information contained herein is subject to change without notice.
GOALS By the end of today, you should be able to: 1
AGENDA 2
PATENTS
INTRODUCTION ON TO PATENTS 3
PATENTS NSAT A COMPANY 4
PATENTS NS 5
THE PATENT THE PATENT PREPARATION PROCESS
PATENT PROCESS 1. Have an Idea 5. If Rated File, Help Attorney Prepare Application 2. Submit Invention Disclosure 6. Company Submits Application to Patent Office 3. Get Incentive Award 7. Get Incentive Award 4. Patent Committee Evaluates Disclosure; CTO s review and approve PC decisions 8. Company Gets Patent 6
PATENT PROCESS (cont d) 7
PATENT PROCESS (cont d) 8
PATENT PROCESS (cont d) 9
THE PATENT PROCESS (cont d) 10
PREPARATION AND SUBMISSION OF THE INVENTION DISCLOSURE
INVENTION N DISCLOSURES S 11
INVENTION N DISCLOSURES S (cont d) 12
INVENTION N DISCLOSURES S (cont d) 15
INVENTION N DISCLOSURES S (cont d) 16
INVENTION N DISCLOSURES S (cont d) 17
Disclosure Outline Title Abstract Who is an inventor Problems solved Prior Solutions Sou o Description Drawings and attachments* Advantages Inventors Other stuff to help Attorneys Reviewers Someone who contributes to a claim Being in the room, or in the management chain does not make one an inventor Discuss with attorney *Do not just sape staple a spec. to a form * Explain where the innovation is! 20 2011 Hewlett-Packard Development Company, L.P. The information contained here in is subject to change without notice
INVENTION DISCLOSURE REVIEW PROCESS
DISCLOSURE REVIEW 19
DISCLOSURE REVIEW (cont d) 20
HOW DO I GET MY DISCLOSURE APPROVED FOR FILING?
DISCLOSURE APPROVAL 21
Timing/Bar dates International patent applications must be filed before public disclosure Product shipment Product announcement US patent applications must be filed before: one year has passed after a public disclosure Product shipment Product announcement one year has passed after an offer for sale (The on sale bar date) A purchase of a Prototype will trigger start of the on sale bar date 26 2011 Hewlett-Packard Development Company, L.P. The information contained here in is subject to change without notice
US Supreme Court s current ruling for on sale bar date PFAFF v. Wells Electronics, Inc. Nov. 1998 The on sale bar is triggered by two events A product that incorporates the invention must be the subject of a commercial offer for sale. The invention must be ready for patenting. Once these two conditions are satisfied, the one year clock begins to run 27 2011 Hewlett-Packard Development Company, L.P. The information contained here in is subject to change without notice
PREPARING AND PROSECUTING THE PATENT APPLICATION
PATENT APPLICATION 27
PATENT PROSECUTION ON 28
PATENT ISSUANCE 28
32 2011 Hewlett-Packard Development Company, L.P. The information contained here in is subject to change without notice
THANK YOU! Questions?