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Copyright 2006
Cornell University.
All rights reserved.

 

Patents

Entrepreneurs often think of patent protection first when they want to protect their ideas, because it is the most rigorous and long-lasting IP protection.

Patents are also the most time-consuming and expensive IP protection. But a patent lasts only 20 years from the date of filing and requires public disclosure of process or product, two characteristics that restrict its use and protection usefulness.


DelRio photo
"Software like Microsoft we don't have patents on that...we are in the process of patenting some things just to give us that protection. ."

Peter del Rio presents his view on patent protection with specific examples related to computer software and proprietary processes.

 

Normally, trademarks and design law are used for original designs based on aesthetics while the patent may be used for a revolutionary, often functional, design idea. Machinery design, unique software strategies, and fiber formulations would be more likely to be patented, while brand names and fiber names that will be used as marketing tools are trademarked. Patents have been used for synthetic fibers, genetically engineered cotton, CAD and body scanner equipment, as well as for unique functional apparel designs.

When filing a patent the actual specifications of the design must be filed as public record. Cost of obtaining and keeping a patent include:

  • an initial filing fee along with the specifications of the invention,
  • attorney costs for patent searches, and
  • on-going fees are some of the costs of obtaining and keeping a patent.

Developing the documentation for patents should begin immediately with your initial design notes.


Jayaraman photo
"It is important to capture all the ideas that you come up with. Write it down on a piece of paper and document it."

Sandaresan Jayaraman describes how important it is to document your design process in writing in order to protect intellectual property for licensing or outright sale.

 

The first step in deciding whether to pursue a patent is to read about the types of patents and be sure your idea is covered by either the utility or design patent. The U.S. Patent and Trademark Office web site is a good resource for information as well as to conduct a preliminary patent search. The Cornell University Law Institute [scroll down to IP] provides definitions and descriptions of patent types.
When you are quite sure that your idea should be patented, you are ready to consult with a patent attorney.


Taft photo
"An actual design patent is for what it looks like...It took us 15 minutes to redesign ours to get around the Woolover design patent."

Margaret Taft shares her experience in seeking advice about patenting her product, Calf Cozy, a blanket-like garment designed for a newborn calf. She ultimately chose to trademark the name and not to pursue a design patent.

 

Many large companies with employees working for them in research and development functions ask these employees to assign their inventions to the company. Patents can be filed in one or a number of countries and industrial globalization has increased the importance of such multiple registrations.


Jayaraman photo
"A patent can be obtained even if you have not reduced it to practice."

Sundaresan Jayaraman describes the finer details of the patent process-when you should apply and what you need to include in your proposal.

 

 

1. For what apparel product would you choose patent protection?
2. How long would a patent protect your innovation from being copied?
3. Describe the process of filing a patent and the downside with its public disclosure.


 

 

 

 
   
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