Protect Your Patent Book

Using Self-Help Law Books

Introduction

Chapter 1: So You Got a Patent-Now What
Right to Exclude
Use Your Patent
Patenting Improvements
Keeping Good Records
Labeling Patented Products
Where to Find More Information

Chapter 2: Other Tools for the Patent Holder
Copyrights
Trademarks
Trade Secrets
Domain Names
Confidentiality Agreements
Joint Ownership Agreements

Chapter 3: Keeping Your Patent Alive and Well
Certificates of Correction
Maintenance Fees
Reissue of Your Patent

Chapter 4: Keeping Track of Your Competitors
The Concept of Competitive Intelligence
Types of Information Uncovered Through Competitive Intelligence
Employees to Monitor the Competitive Scene
Tools for Competitive Intelligence
Organizing and Analyzing Your Intelligence
Planning Your Strategy

Chapter 5: Direct Patent Infringement
Statutory Definition of Patent Infringement
The Importance of Learning What Constitutes Infringement
Determining Patent Infringement
Forming a Patent Infringement Opinion
Claim Construction Flow-Chart
Conclusion

Chapter 6: Contributory Infringement
Types of Contributory Infringement
Defenses to Contributory Infringement

Chapter 7: If Someone Infringes Your Patent
Consider Non-Litigation Strategies
Hiring a Plaintiff’s Team
Who to Sue
Draft an Assertion Letter
Before Filing a Lawsuit
Where to File Your Lawsuit

Chapter 8: Relief Available in Patent Infringement Cases
Injunctive Relief
Lost Profits
Reasonable Royalty
Interest, Costs, and Fees
Enhancement ofDamages

Chapter 9: Responding to a Patent Infringement Accusation
Hiring a Defense Team
Response to an Assertion Letter
Written Opinion Letters
Deciding What to Do

Chapter 10: Defenses to Patent Infringement
Patent and Claim Invalidity
Noninfringement
Prior Printed Publications
Prior Sale
Prior Invention
Obviousness
Inadequate Disclosure
Lack of Utility
Inequitable Conduct
Not in Force
First Sale Doctrine
Estoppel
Abandonment
Prosecution History Laches
Double Patenting
Incorrect Inventorship
Old or Exhausted Combination
Permissible Repair
Defenses to Process Claims
Intervening Rights
Inaction of the Patentee
Anti-Trust Violations
Infringement Blockbuster Wheel

Chapter 11: Non-Litigation Offensive and Defensive Strategies
Cross-Licensing
Nonlitigation Process
Interference
Reexamination
Public Use Proceedings
Protests
Third Party Submission
Patents Issued Abroad

Chapter 12: Licensing
Nonexclusive Licenses
Exclusive Licenses
License Fees
Finding Prospective Licensees
Approaching Your Licensee
License Agreement

Chapter 13: Other Ways to Commercialize Your Invention
Doing Everything Yourself
Assignments

Chapter 14: Strategies for Commercialization
Unique Design
Pricing
Limited Life Terms
Catchy Names and Logos
Websites
Align Yourself with Key Partners
Free Samples
Street Advertising

Conclusion

Glossary

Appendix A: Additional Resources

Appendix B: Sample Confidentiality Agreements

Appendix C: Sample Licenses

Appendix D: Blank Forms

Index