Microsoft Named Victor in Patent Lawsuit

Microsoft Named Victor in Patent Lawsuit

After Eight Years, International Trade Commission Rules

 

 

The wheels of justice may turn slowly, but after nearly a decade of grinding away there’s finally a decision on the Nokia N95.




The what? Well, it’s been eight years so people may have forgotten it, but just before Apple’s iPhone became all the rage the small Nokia device was all the rage. So much so, in fact, InterDigital launched legal action against the company claiming it was infringing on 3G cellular technology patents.

Well, good news has arrived for Microsoft — which now purchased Nokia’s handset division — the U.S. International Trade Commission has ruled there is no infringement. In a lengthy report, the commission stated “a finding of non-infringement with respect to the asserted claims” and noted it was terminating any further investigation.

Microsoft, Engadget reported, is happy with the finding and is currently involved with its own legal action against InterDigital citing abusive licensing practices.

At the end of the day, though, what exactly does the ruling mean?

Well, for Microsoft, it means there’s no need to be worried over a potential import ban on any of its phones.

For InterDigital it could mean some financial loss as The Market Business reported the company’s stock took a tumble after closing Friday.

In a statement referenced by Reuters, InterDigital’s chief executive officer said the company was disappointed in the decision.

However, William Merritt stated, the decision’s impact will be minor “given the decline of the Nokia mobile device business under Microsoft’s control and its limited market position.”

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How to Obtain A Patent For Your Invention

If you have a unique idea, a specially designed plant or even an improvement or creation of new technology, then you need to patent it. A patent gives you legal protection from anyone who tries to copy your new idea. This is vital if you wish to prevent the wrong people from making money from your revolutionary breakthrough.

Suggestions

1. Determine what kind of patent you will be applying for; this is important for the paperwork you need. Your choices are design, plant or utility. Plant is easy; it means you created a new plant or plant hybrid. Design is more ornamental, and everything else falls into the category of utility. If you still aren't sure, your best bet is just to assume it is a utility patent.
2. Decide if you can file the patent electronically. Electronic is by far the easiest method, and since the paperwork is the same, you might as well use that method if you can. Patents for some items can still not be done online, so check the list to see if yours is one of those. You will also need someone who is authorized to file it electronically, generally a lawyer.
3. Fill out the paperwork for your patent; this is a large amount of paperwork and can include drawings or even samples. You might also need to provide documentation for how you came up with the idea.
4. Submit the paperwork through your chosen method; this will require a government-mandated filing fee. The amount of the fee is dependent on the type of patent, but it can become quite costly.
5. Wait for the government to make a decision on your application. This can take a while, so be patient. Also, sometimes the patent is rejected; either because the application was incomplete or because it infringes on someone else's patent.
6. Update your patent as needed. Some patents have a limited life, so they must be continually updated if you don't want your patent to expire. If your patent expires, you lose all of the legal protection it afforded you.

Tip

• Make sure you check to see if someone already has a patent for your idea, design or plant.

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Getting A Patent On A Natural Medicine

Patenting a natural medicine may seem like a daunting task, but it's not impossible, and can also be very profitable. Natural medicine is a broad term used to describe anything used to treat a health condition naturally, including herbs, homeopathic medicine, energy therapies and holistic treatments.

Things You'll Need

• Patent fees ($200 to $1,000)

Suggestions

1. Decide on an idea that is new and innovative. Natural medicine is constantly changing, and science is discovering new methods of healing and treating people everyday. Once you decide on a natural medicine idea that you want to try and patent, write it down in as much detail as possible.
2. Search the United States Patent Office to make sure you're the only person who has thought of this idea (see Resources). Click "Patent Search" on the left side of the page. There are literally millions of patents out there, so try to narrow down the category that your idea is in. The database at the United States Patent Office is user friendly, and once you figure out where to search for your idea, the site is easy to navigate.
3. If you discover that your idea for natural medicine is not patented, file the idea for patent. This takes time and will require detailed information about your idea. Many people consult patent lawyers to help them through this process. Filing, maintaining and patenting your idea can be costly and time consuming; costs can range from $200 up to $10,000, or more.

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How to Patent Your Invention for About $100

A little-know section of patent law allows individual inventors and small businesses to apply to the Patent Office for a provisional patent. The application is relatively easy, can be done without lawyers or professional patent companies, and the fee is about $100. The provisional patent application offers full patent protection, and allows an inventor to state "patent pending" on their product. Here's what you need to know to get a provisional patent.

Suggestions

1. Read about provisional patents at the US Patent and Trademark Office (USPTO). Although the language can be on the bureaucratic side, it's worth reading through the official explanation of the Provisional Patent application process. See Resources, below, for a direct link to the USPTO page on "Provisional Application for Patent". Read the General Information on Patents as well.
2. Apply when you're ready.
   In a nutshell, the provisional patent application can be thought of as a patent for a trial period or a grace period of a year. During the provisional patent period, your invention has full patent protection, and you have a legal right to mark your idea, invention or product as "patent pending". The application process is not nearly as rigorous or demanding as a full patent, and can generally be handled by an individual inventor or business without professional patent agents, preparers or attorneys. The cost for filing a provisional patent for a 'small entity' -- an individual or small business -- has ranged recently from $85 - $110.

   
   
3. Use your year wisely. At the end of the one year trial period of the provisional patent, the patent protection expires UNLESS the inventor proceeds with filing for full patent protection. This is a much more involved and costly process, but the one year trial period makes it possible to market your invention and hopefully determine it's value in the marketplace, and perhaps even find commercial backers.

   
   
4. The Resource section has more information on the provisional patent process, and the protections it offers.

   
   

Tip

• Call the Inventor Assistance Center at the Patent Office to speak to an expert about the process for a Provisional Patent Application -- 800-786-9199

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