Patents - Protection for Novel Inventions

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So you think you're an inventor, you think you have a big idea. Whether it's how to keep grocery carts from rolling away in a hilly parking lot (my personal favorite), a new design of nose-haircutter, or a software system that automates a “business process,” if your idea actually is both “novel” and “non-obvious,” you could seek patent protection. If you got your patent, you would have the legal right to prevent others from making commercial use of your idea without your permission for a period from between 14 and 20 years, depending on the type of invention. You would then probably try and cut a lucrative licensing deal with a manufacturer for your product, and harvest royalty fees for the term of the patent. Drug companies are tremendous beneficiaries of this system. The difference between regular Prozac and a generic Prozac is absolutely nil, thus once Prozac loses its patent protection, a pharmaceutical company holding the patent stands to lose an awful lot of revenue, as generic producers flood the market with a cheap commodity.

As a patent holder, you enjoy the right of monopoly. This is very great power, as was demonstrated when Amazon was able to enjoin Barnes & Noble from using a “one-click ordering” system just as BarnesAndNoble.com was pushing for Christmas sales in 1999. The court granted the injunction on December 1, 1999, and it stayed in place until February, 2001, when the court dissolve the injunction, finding there was a substantial issue as to the validity of the Amazon patent. The behemoths settled soon after, on secret terms. So Amazon's patent was not perforated, it held Barnes & Noble back for two Christmas seasons, and probably sold Barnes & Noble a license for a healthy chunk.

One is tempted to assume that the primary things needed to obtain a patent are audacity and legal fees, and certainly the Amazon case brought many jeers and catcalls, calling into question how the USPTO could have issued a patent on such a simple concept in the first place. Then you have to ask yourself how Amazon got so much credibility with the court that they steamrolled Barnes & Noble. It's obviously all about legal strategy and implementing it at very high levels of effectiveness. Patent law, like trademark law, has gone from an unsexy field of legal practice to the cutting edge of the cutting edge, much in the same way that geeks became chic. In this field of practice, Online Media Law, PLLC provides referrals to skilled counsel in the field of patent law whenever important questions concerning this field of practice are raised in client consultations. No referral is made without prior client approval.

The following information is provided to help Members understand the scope of patent protection generally, so they can determine whether their inventions may be worthy of seeking patent protection. I cite the Amazon example because it is such a stark and monolithic reminder that, with a skillfully drafted patent application, great things can be accomplished.


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