Wireless Mobile Devices Patents

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t l a v i a n @ c s . b e r k e l e y. e d uU C B e r k e l e y E n g i n e e r i n g , C E T

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Wireless Mobile Device Patent Areas

Operating System and

Software

Semiconductor and

Electronics

Display (Touchscreen

)

Qwerty keyboard

Materials science

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Wireless Mobile Device Patent Areas (contd.)

Source: ieeexplore.ieee.org

MTSO MTSO

HLR

VLR

HLR

VLR

To otherMTSOs

PSTNPSTN

Transmission Algorithms

Data and Speech Coding

Wireless Infrastructure

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What is a Patent?

A form of intellectual propertyA grant of an exclusionary property right to

an inventor by the governmentPrevents the use of an invention by others for

the duration of the patent In return, the inventor must fully disclose the

details of the invention to the public (the quid pro quo)

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What is a Patent? (Contd.)

Protects an idea, not an implementationPatent owner can keep others from using the

invention (they would be infringing) or license it

Patent ownership (assignment) can be bought and sold or traded

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What is a Patent (Contd.)

Right to exclude the making, using, selling, offering for sale or importation of an invention (may not “infringe”)

Limited time (typically 20 years from the date of filing with USPTO)

Limited geographic territory (issuing country)

Monopoly awarded by the government forsharing the invention with the public

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About USPTO

Go to: www.uspto.gov

For example, you can search patents on this website#5, 778, 372 – “Remote retrieval and display management of electronic document with incorporated images.”#6, 339, 780 – “Loading status in a hypermedia browser having a limited available display area.”#5, 889, 522 – “System provided child window controls.”

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Innovation: Long-term Health

• Ideas• Concepts• Knowledge• Secret

sauce• Skills• Patents

• Creativity• Inventions• Software• Trade

Secrets• Work

Processes

You need a healthy root system for the tree to flourish!

Innovation Innovation

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What Can Be Patented for Wireless Mobile Devices?

“Everything under the sun made by man.” Products: things Processes: ways to make things Methods: ways to do things

Improvements: better things Software and operating system

Both the above applies to wireless mobile devices!

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What Can Be Patented for Wireless Mobile Devices?

Defined Classes Article of Manufacture Machine Composition Process

Some more: Business Methods Services MTSO MTSO

HLR

VLR

HLR

VLR

To otherMTSOs

PSTNPSTN

Both the above applies to wireless mobile devices!

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Important parts of a Patent Application

Title of the invention

Cross Reference to related

applications

Stetement regarding federally

sponsored research or

development

Names of the parties

Background of the invention

Brief summary of the invention

Brief description of the several views of the description

Detailed Description

A claim or claims, abstract of the disclosure

http://www.patentlyo.com/patent/2005/12/what_are_the_pa.html

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Patent Documentation

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Important parts of a Patent –for a Startup

Claims Inventors

Filing Date

http://mashable.com/2012/08/29/3-parts-of-a-patent-every-startup-should-know-about/

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What is Not Patentable

o Laws of nature (wind, gravity)o Physical phenomena (sand, water)o Abstract ideas (mathematics, a

philosophy) o Algorithms (e.g., abstract math)o Anything not useful, novel and non-

obvious (perpetual motion machine)o Inventions which are offensive to public

morality or designed for an illegal activityo Inventions that cannot be implemented

usingcurrent technology (enablement)

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Types of Patents

oDesignoThe distinctive lookoPlantoNew or discovered asexually reproduced plant

oUtility PatentoProcess, machine, manufacture, composition of matter, improvements

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Types of Patents

Type Is for Term #s

Utility Function, use 20 years 6,214,874

Design Appearance 14 years D202,331

Plant Asexually reproduced

20 years PP10123

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Types of Patents (Contd.)

oDesignoThe distinctive lookoPlantoNew or discovered asexually reproduced plant

oUtility PatentoProcess, machine, manufacture, composition of matter, improvements

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Design Patent Example(What are the differences from a Utility Patent?)

Electronic Page Turning

http://www.theverge.com/2012/11/19/3659382/apple-design-patent-on-virtual-page-turn

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Design Patent Example

Electronic Page Turning

http://www.theverge.com/2012/11/19/3659382/apple-design-patent-on-virtual-page-turn

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Utility Patents

o Most applicable to electronics and software engineers

o Usually the most valuable, complex and difficult to obtain

o Must satisfy key criteria:o Invention must be

Useful Novel Non-obvious

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Patents Must Be Useful

oUseful – process, methodo Meets a need or solves a problemo Fills current or anticipated needo Can be “reduced to practice”, operated

or enabled( e.g., can be built and function)

o Can be an improvement (better mousetrap)

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Utility Patents Must Be Novel

oMust be new oNot done before in substantially the same way

oNo “Prior Art”oNot known to the public before it was invented

Not described in a publication (*)Not used or offered for sale publicly (*)

o Includes your own work* more than one year before filing patent

application

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Novelty Considerations

o How “broad” is the inventiono What problem it solveso How it solves the problemo If the structure is known, are elements

used in a new way?o If the function is known, is a new

problem solved?

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Utility Patents Must Be Non-Obvious

o Would not have been obvious to one “skilled in the art” to do thiso Includes combining different prior art

o Must not be trivial or insignificanto Examples

Substituting one material for another Changing the size (miniaturization) Changing implementation (software or

hardware, custom ASIC)

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How Much Prior Art

oFor Anticipationo A single piece of prior art practices all the

elements of a (single) claim (e.g., the claim “reads on” this single reference)

o For Obviousnesso Usually more than one reference used to

practice the claimo Could be one reference PLUS the knowledge

of the “Person Having Ordinary Skill in the Art”, aka PHOSITA

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Secondary ConsiderationsIn Addition to Prior Art

o The invention's commercial success

o Long-felt but unresolved needs

o Previous failure of others

o Skepticism by expertso Praise by otherso Teaching away by

otherso Solves an

unrecognized problem

o Solves an insoluble problem

o Copying of the invention by competitors

o Omission of an element

o Crowded arto Not suggested

modificationo Unappreciated

advantage