Patents : international protection for small business and the prior user rights defense / Shawn Bennett, editor.

Format:

Book

Contributor:

Bennett, Shawn, editor.

Series:

Intellectual property in the 21st century (Hauppage, N.Y.)

Intellectual Property in the 21st Century

Language:

English

Subjects (All):

Patent laws and legislation--United States.

Patent laws and legislation.

Actions and defenses--United States.

Actions and defenses.

Government aid to small business--United States.

Government aid to small business.

Physical Description:

1 online resource (123 p.)

Place of Publication:

New York, [New York] : Nova Publishers, 2015.

Summary:

Economic research shows that small businesses are the primary driver of job creation in the United States. Yet, the capacity of American small businesses to create jobs is at risk. American firms compete and grow by supplying products and services that consumers demand, and by internationalizing their businesses through licensing, franchising, or exporting. For many small companies, patent protection prevents competitors from simply copying their innovations, and aids in attracting investor capital needed to grow, build market share, and create jobs. The aim of this book is to show how the U.S. Patent and Trademark Office, in coordination with other Federal departments and agencies, can best support businesses with international patent protection. Moreover, upon its signing in 2011, the Leahy-Smith America Invents Act (AIA) substantially overhauled U.S. patent law. Included in AIA was the expansion of the prior user rights defense to infringement and broadening the classes of patents that are eligible for the new limited prior user rights defense. (Here, prior user rights, is a defense to patent infringement afforded to a party that was commercially using, or engaged in substantial preparations for commercial use of, an invention later patented by another party). In the debate about the impact of an expanded prior user rights defense on the patent system and innovation more generally, the U.S. Patent and Trademark Office produced a report detailing its findings and recommendations on the operation of prior user rights in the industrialized world, which is discussed further in this book.

Contents:

PATENTS INTERNATIONAL PROTECTION FOR SMALL BUSINESS AND THE PRIOR USER RIGHTS DEFENSE ; PATENTS INTERNATIONAL PROTECTION FOR SMALL BUSINESS AND THE PRIOR USER RIGHTS DEFENSE ; Library of Congress Cataloging-in-Publication Data; CONTENTS ; PREFACE ; Chapter 1 INTERNATIONAL PATENT PROTECTIONS FOR SMALL BUSINESSES ; EXECUTIVE SUMMARY ; Background ; Findings ; Recommendations ; I. INTRODUCTION ; II. BACKGROUND ; A. Methodology ; III. DISCUSSION ; 1. Patenting by U.S. Small Businesses Is Relatively Uncommon, and Concentrated in High Technology Sectors

2. Patenting Can Be Important to the Competitiveness of Small Businesses 3. Internationalization Strategies Can Facilitate Small Business Growth and Job Creation ; 4. Patent Protection Abroad Opens Opportunities for Successful Entry into Global Markets ; 5. Small Businesses May Be Obtaining Patent Protection Abroad Less Frequently Than Large Companies ; 6. International Patenting Costs Are Often Substantial ; 7. Patenting Expenses Often Occur Early in the Life of Small Businesses and Are Difficult to Fund

8. Foreign Countries Largely Take a Different Approach Than the United States in Assisting Small Businesses to Acquire Patent Protection 9. In Response to the Questions Presented by Congress, the USPTO Has Identified Points of Agreement Among Respondents and Witnesses as to What the U.S. Government Can Do to Help Small Businesses with International Patent Protection ; 10. In Continued Response to the Questions Presented by Congress, the USPTO Offers Some Observations Regarding Loan Programs and Grant Programs ; B. Recommendations

1. The U.S. Government Should Engage in Diplomacy and Harmonization to Reduce the Costs Associated with Filing Foreign Patent Applications 2. The USPTO and SBA Should Partner in an Expanded IP Education and Training Initiative Aimed at American Small Businesses ; 3.The USPTO and SBA Should Engage Industry to Discuss How Best to Support U.S. Small Business Efforts to Patent Internationally ; 4. The USPTO and SBA Should Collect More Information and Conduct More Study on the Most Appropriate Methods of Supporting International Patenting by Small Businesses ; CONCLUSION ; End Notes

Chapter 2 REPORT ON THE PRIOR USER RIGHTS DEFENSE* EXECUTIVE SUMMARY ; I. INTRODUCTION ; II. BACKGROUND; III. DISCUSSION ; A. Comparison of Prior Use Provisions in Industrialized Countries ; Analysis and Findings ; 1. Requirements to Assert the Prior User Rights Defense ; a. Qualifying Prior Use Activities; b. Qualifying Prior User ; c.Qualifying Time Period ; d. Qualifying Locations ; 2. Scope of Prior User Rights Defense ; a. Breadth of the Prior Use Activities Encompassed by the Defense ; b. Transferability of the Prior Use Defense ; c. Limitations on Enforceability of the Defense

Analysis and Findings

Notes:

Includes index.

Description based on online resource; title from PDF title page (ebrary, viewed April 1, 2016).

ISBN:

1-63483-627-8