disclosures - rpc

8/6/2019 Disclosures - RPC

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Robert P. Cogan - Blakely, Sokoloff,Taylor & Zafman; 858-457-0022

The search for new patents at

San Diego State University

Why

What

When

How

Software


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Why Patents are an important form of publication.

Patents recognize the efforts and contributions ofinnovators.

Patents can produce royalty income or be the basis for newcompanies.

The Technology Transfer Office was created in 1997 bySan Diego State University and the San Diego StateUniversity Foundation to serve the needs of the University

and the community by facilitating the commercialization ofintellectual property created by San Diego State University

personnel. The SDSU Foundation and the University areencouraging our efforts.

l


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What

Virtually anything we do can be considered.

Algorithms, software and general schemes of doing thingsare the basis for many issued patents.

DO NOT

ask, Is it patentable? Patentability is anabstract legal concept.

There is no goodness of invention requirement. Whenyou file in the United States, you only declare that: 1. It is an original invention of you and any coinventor;

2. You have not disclosed this publicly or commercialized itover a year before filing (no one year period for Europe or Japan);

3. Youre not aware of prior invention or publication by others .


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When The right to apply for a United States patent is

barred one year after certain events, e.g.

publication

sale

commercialization such as offer for sale or

inclusion in a proposal (even in confidence) If foreign rights are a must, we file in the

United States before the year starts.


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How

Everything you need to know is at:http://www.foundation.sdsu.edu/tto/


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Software Patents Algorithms are not patentable, BUT use of

algorithms to produce a useful result is

statutory subject matter. Production of a report or a calculated valueis a useful result.

Usually, a flow chart of the process and a

very general diagram of the hardwarearchitecture is adequate disclosure.


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Business Method Patents Patent Class 705 is entitled Data processing:

financial, business practice, management, or

cost/price determination.

Business practice can include teaching or

diagnosis.

disclosures - rpc

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