Patent "Do Not" List

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Do not be afraid to take every possible action to ensure that your next great idea is properly protected.

Do not ignore patent infringement allegations made against your company no matter how frivolous they may appear to be. Always inform an attorney in your legal department of any such allegation.

Do not assume that because your invention is a "minor" improvement over the prior art technology that it is not valuable and that it cannot be patented. Frequently, minor improvements are both patentable and valuable.

Do not take an invention into the public before considering whether it should be patented. If an invention is made public before a U.S. patent application is filed, foreign patent protection may be lost.

Do not discuss an invention with an outside party without first having a confidentiality agreement in place with the outside party.

Do not forget, when working with independent contractors and suppliers, to obtain signed agreements with them that any patent rights flowing from their work with you will be owned by your company.

Do not be afraid to pursue a license under a third party patent if having the right to use their technology would be beneficial to your company.

Do not knowingly use another's patented invention without having a license to do so. The consequences may be triple damages plus attorney fees.

Do not assume that someone else's patent applies to what you are doing, thereby requiring a license. Have a patent attorney determine the true scope of the patent in question.

Do not forget that system approaches to solving problems are frequently patentable. In other words, patentable inventions are not always products.

Do not forget that you have only one year from the date of first public disclosure or offer for sale of an invention in which to file a U.S. patent application. Furthermore, if interested in foreign patent rights, the U.S. patent application should be filed before public disclosure of the invention.

Patent Facts

An improvement to an existing product or process is patentable subject matter.