Interesting Patents | Thursday, February 9, 2023 The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. In our Interesting Patents series, we highlight exciting US patents recently issued by the USPTO. Looking for more information on patents? Want to run a free AI-Powered…
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Full access to our list of free tools and resources available for inventors seeking to patent and commercialize their ideas.
If you’re a startup, incubator and accelerator programs can be an invaluable resource.
The United States Patent Office has announced an expansion of the Collaborative Search Pilot Program beginning November 1, 2022. This announcement signals the beginning of phase three of the pilot program, which will last until 2024.
Under typical Phase 1 contracts with the Department of Defense (DoD), such as the Air Force Research Lab (AFRL), default ownership of domestic and international intellectual property rights belong to the Contractor. However, if the Contractor fails to report any inventions to the contracting officer within two months of preparing the corresponding patent applications, the Contractor risks losing ownership of those inventions.
Funding agencies have taken a very narrow approach when interpreting the four categories listed above from 35 U.S.C. § 203. Accordingly, contractors should understand how march-in rights function in theory, but it is historically unlikely to assume an agency would exercise this power without further legislation. Ultimately, contractors should focus on furthering their research and ensuring proper disclosure practices to their funding agencies, as it is historically unlikely that a funding agency will exercise their march-in rights and compel contractors to license any of their subject inventions.
Chinese Utility models can provide an alternative to invention patents and supplement them too.
The notice provides ample guidance for all parties under the duty to disclose, including whom the duty of disclosure applies to and the equivalence of the duty of disclosure to the Patent Office to all other branches of government and commercial actions.
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