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Clarify my post
I was relaying what the patent attorney (Bruce M. Winchell; see below) said, not my opinions.
1. uspto.gov should be used. The google patent search results are sold. It is pretty obvious what someone is searching for, and their intent, if you take the context of the search and can then start filing patents around that intent.
Note this can also be used as a method of indirection by someone clever enough.
Also, it is not always obvious what the intent of the searcher is, but many things can be inferred. A large company has plenty of folks that can look at a series of searches and determine the intent, see what the goal is, and come up with enough of an invention, with claims, to file a patent very quickly.
First To File makes this process very attractive for large companies.
2. Ease of invalidating a patent. This attorney is an old-style (ie 55..60 yo) junk-yard lawyer with very deep pockets behind him. If a patent threatens Lockheed Martin, and it looks like it is based on prior art or otherwise invalid, this guy wants to go for the throat.
I am sure they (LM) uses some sort of cost/benefit analysis to determine if they want to fight or license the patent. I brought up the XOR patent, and how everybody just licensed it. You could see his blood pressure rise - he said LM would have fought it. You can interpret that anyway you wish - I believe he would have done it for the pleasure of hearing the lamentations of the women and the crunch of the children's bones under his feet.
3. cost of litigating a patent. If my memory serves, he stated that to take a patent to the court of appeals is roughly $4.5 million. It is a *potfull* of money.
Again, if my poor memory serves, the *several* $100K (ie could easily be $500k) was referring to fighting a *very obvious* case of prior art. However, this is *my* recollection, and I did not keep a complete set of notes on everything said.
Please note the above is a report of what he (Bruce M. Winchell) said, with my opinion of how serious he is on these topics. He presents the same seminar every month at TVC (Technology Venture Corp, of Lockheed Martin, Albuquerque. It is free, and anyone may attend. (I do not work for these folks, nor have I received any money from them.)
You have his name, and bio is below. His cases should be a matter of public record (or at least public to other attorneys). Personally, I would want this guy on my side. TVC is a subsidiary of LM, and connects inventors with VC money. One of the services they provide is legal, including patent help and litigation. Mr. Winchell is one of those attorneys.
http://techventures.org/events/calendar-of-events/
Writing Your Own Patent Application Workshop, New Mexico
September 28, 2011, 8:30AM-12:30PM
October 26, 2011, 8:30AM-12:30PM
(etc)
Writing Your Own Patent Application Workshop
Where: McCorkle Room in the TVC Albuquerque Offices
1155 University Blvd SE
Albuquerque, NM 87106
When: The fourth Wednesday of each month in 2011 (With the exception of December 21st)
Time: 8:30 AM - 12:30 PM
Cost: This seminar is FREE!!!!!
The Instructor will be Bruce M. Winchell, a Registered Patent Attorney in the U.S., Registered Patent Agent in Canada, and Certified Licensing Professional with more than 30 years of experience. Bruce is a Sandia National Laboratories Senior Attorney assigned to TVC under the Sandia National Laboratories contract.
The seminar will include:
1. A review of the Patent Laws and most recent case law related to writing patent applications that will stand up in court.
2. A review of the latest Patent Office Rules and mechanics of actually writing the application to maximize the probability of being issued as patents.
3. Claim drafting to maximize the scope while providing best ability to survive legal tests in the courts.
For those who are actively working on (or only thinking about) patenting an invention, this workshop will be invaluable.
This seminar is FREE!!!!!
Space is limited so please register soon.
Please RSVP by e-mail to Margaret Speer at margaret.speer@lmco.com
Sponsored by: Technology Ventures Corporation
1. uspto.gov should be used. The google patent search results are sold. It is pretty obvious what someone is searching for, and their intent, if you take the context of the search and can then start filing patents around that intent.
Note this can also be used as a method of indirection by someone clever enough.
Also, it is not always obvious what the intent of the searcher is, but many things can be inferred. A large company has plenty of folks that can look at a series of searches and determine the intent, see what the goal is, and come up with enough of an invention, with claims, to file a patent very quickly.
First To File makes this process very attractive for large companies.
2. Ease of invalidating a patent. This attorney is an old-style (ie 55..60 yo) junk-yard lawyer with very deep pockets behind him. If a patent threatens Lockheed Martin, and it looks like it is based on prior art or otherwise invalid, this guy wants to go for the throat.
I am sure they (LM) uses some sort of cost/benefit analysis to determine if they want to fight or license the patent. I brought up the XOR patent, and how everybody just licensed it. You could see his blood pressure rise - he said LM would have fought it. You can interpret that anyway you wish - I believe he would have done it for the pleasure of hearing the lamentations of the women and the crunch of the children's bones under his feet.
3. cost of litigating a patent. If my memory serves, he stated that to take a patent to the court of appeals is roughly $4.5 million. It is a *potfull* of money.
Again, if my poor memory serves, the *several* $100K (ie could easily be $500k) was referring to fighting a *very obvious* case of prior art. However, this is *my* recollection, and I did not keep a complete set of notes on everything said.
Please note the above is a report of what he (Bruce M. Winchell) said, with my opinion of how serious he is on these topics. He presents the same seminar every month at TVC (Technology Venture Corp, of Lockheed Martin, Albuquerque. It is free, and anyone may attend. (I do not work for these folks, nor have I received any money from them.)
You have his name, and bio is below. His cases should be a matter of public record (or at least public to other attorneys). Personally, I would want this guy on my side. TVC is a subsidiary of LM, and connects inventors with VC money. One of the services they provide is legal, including patent help and litigation. Mr. Winchell is one of those attorneys.
http://techventures.org/events/calendar-of-events/
Writing Your Own Patent Application Workshop, New Mexico
September 28, 2011, 8:30AM-12:30PM
October 26, 2011, 8:30AM-12:30PM
(etc)
Writing Your Own Patent Application Workshop
Where: McCorkle Room in the TVC Albuquerque Offices
1155 University Blvd SE
Albuquerque, NM 87106
When: The fourth Wednesday of each month in 2011 (With the exception of December 21st)
Time: 8:30 AM - 12:30 PM
Cost: This seminar is FREE!!!!!
The Instructor will be Bruce M. Winchell, a Registered Patent Attorney in the U.S., Registered Patent Agent in Canada, and Certified Licensing Professional with more than 30 years of experience. Bruce is a Sandia National Laboratories Senior Attorney assigned to TVC under the Sandia National Laboratories contract.
The seminar will include:
1. A review of the Patent Laws and most recent case law related to writing patent applications that will stand up in court.
2. A review of the latest Patent Office Rules and mechanics of actually writing the application to maximize the probability of being issued as patents.
3. Claim drafting to maximize the scope while providing best ability to survive legal tests in the courts.
For those who are actively working on (or only thinking about) patenting an invention, this workshop will be invaluable.
This seminar is FREE!!!!!
Space is limited so please register soon.
Please RSVP by e-mail to Margaret Speer at margaret.speer@lmco.com
Sponsored by: Technology Ventures Corporation
Posted by mr_bandit
Updated - 29th Aug 2011
