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Abandoned Patents

With the passage of time, the value of the utilization of patents will be increased but some patents will lose their original value and may not need to be kept anymore. On the other hand, although annual fees have become remarkably high over the past several years, annual fees from the tenth year are the same due to a revision of the patent law. However, since the number of patents registered is increasing each year, it is only natural that the accumulating patent rights will also increase correspondingly. As a result, annual fees are continuing to increase.

Thus, it is desirable that patent rights be evaluated and reviewed on a regular basis, for example, every three years, so that those rights that are no longer required to be maintained can be abandoned to reduce expenses. As patent rights are automatically revoked if the annual maintenance fees are not paid, enterprises need not undertake any special transactions to dispose of them.

However, patent rights, once revoked, cannot be recovered except during the period for late payments. Therefore, enterprises should be careful when making decisions to abandon patents by setting up, for instance, in-house standards. The basic concept of the standard of the patent rights which should be continuously maintained and those which may be abandoned are given below.

Abandoning patent rights
Patents which could be disposed of are:

  • Patents which are not used and have no prospects for the future.
  • Patents which have lost their value due to the development of alternative technology, and would not bring any disadvantages to the enterprise even if they were used by others.
  • Patents which are deemed to have lost any prospects of earning profits through licensing or assignment.

Sun is a bundle of free safe and green energy source available till the day elephant fly and so the solar radiation for generating electricity. The technology barriers have not yet allowed to make breakthrough invention. Sun light is free; can scientist community make electricity from sun for free, if not at cheaper price?

Research are working on dye-sensitized solar cells, which are expected to power Air Force unmanned aircraft in the future because they are an optimum energy harvesting source that may lead to longer flight times without refueling.

Technology:

Using a flexible film and a thin glass coating with transparent conductive electrodes.
Dye-sensitized solar cells made from organic materials, which use (dyes) and moth-eye film, are able to catch photons and convert them into synthesized electrons that can harvest high photon energy.

Advantages:

These kinds of solar cells have more specific power convergence efficiency, very clean energy and easy scalability to a larger skin area of the craft, as well as, low-temperature processing, which leads to lower costs overall.

A very large percentage of technical information that is generated across the globe reside in the patent databases.

Below chart depicts breakup according to country and application type for major filing countries. Data Source – patentanalysis.com

Patent Count

Data collected through a survey say that there are:

  • 72 million patent documents worldwide
  • appx. 15 million inventions
  • 1,000,000 patent in last 10 years
  • Weekly – More than 10,000 new patents
  • Every 30 seconds a new patent document is added to the vast technical library of patent documents

The statistics clearly indicates:

  • Increase in R & D efforts
  • Increase in patent filing efforts
  • Increase in market coverage through family patent filing

Potential Risks

  • Patent grant rate is bound to go down. According to a study, already the Belgium PTO has a 30% grant rate
  • Risk of reinventing the wheel, if patentability / prior art search not performed thoroughly
  • Large number of patents may get invalidated by other relevant patents thus causing many infringement law suits to become void
  • Need of clearance would increase

Is Microsoft Aging?

Recently, U.S. state of Mississippi settled an antitrust suit with Microsoft Corp for $100 million on Thursday and said businesses, individuals, schools and local government were eligible for a share of the money. Apart from antitrust suit Microsoft was also ordered to pay $521 million to Eolas Technologies, $200 million to a Canadian software firm i4i Ltd and much more to many more companies for patent infringment and offcourse these are all lost battles by Microsoft. Here is the current list of all patent under litigation.

  • US5369702 – TECSEC Incorporated – Distributed cryptographic object method
  • US6374289 – Backweb Technologies, Ltd. – Distributed client-based data caching system
  • US6542814 – Horizon Navigation, Inc. – Methods and apparatus for dynamic point of interest display
  • US6195662 – Juxtacomm Technologies Inc. – System for transforming and exchanging data between distributed heterogeneous computer systems
  • US6405368 – Method for separate compilation of templates
  • US7496854 – Arendi Holding Limited – Method, system and computer readable medium for addressing handling from a computer program
  • US6405368 – Method for separate compilation of templates
  • US7363592 – Tool group manipulations

The objective and target of any organization is growth at 45 degree on x & Y axis through best products, best services etc… with latest innovations. Ever since recession has hit the western market the economy and jobs are melting like never before, chapter 11 filing cases are increasing. After all to run an organization revenue has to be generated. As newspapers across North America and the globe continue to flood with stories of economic downturn and businesses fighting to survive, organizations this month are placing a renewed focus on innovation and revenue generation.

Revenue generation through patent lawsuits is the new trend. 35 patent lawsuits have been filed just in 5 plus month time during 2009, wonder how many more are there. Surely first half of 2009 is not good for Google in terms of lawsuits, total 14 lawsuit are been battled.

Lawsuit filing cases of 2009:

  1. Aloft Media, LLC v. Yahoo! Inc. et al
  2. Performance Pricing, Inc. v. Google Inc. et al
  3. Leader Technologies Inc. v. Facebook Inc.
  4. Actus, LLC v. Bank of America Corp. et al
  5. Paid Search Engine Tools, LLC v. Google, Inc. et al
  6. ESN LLC v. Cisco Systems, Inc. et al
  7. Heartland Recreational Vehicles LLC v. Forest River Inc
  8. Software Rights Archive, LLC v. Google Inc. et al
  9. Northeastern University et al v. Google, Inc.,
  10. Polaris IP, LLC v. Google Inc. et al
  11. Function Media, L.L.C. v. Google, Inc. et al
  12. Aloft Media, LLC v. Google, Inc.
  13. GraphOn Corporation v. Google Inc.
  14. Google, Inc. v. EMSAT Advanced Geo-Location Technology, LLC et al
  15. Picsel (Research) Ltd. et al v. Apple Inc.
  16. Web Tracking Solutions, Inc. et al v. Google, Inc.
  17. Association For Molecular Pathology et al v. United States Patent and Trademark Office et al
  18. Cygnus Systems, Inc. v. Microsoft Corporation, et al
  19. Google Inc. et al v. Egger et al
  20. Certicom Corporation et al v. Sony Corporation et al
  21. Klausner Technologies Inc v. Verizon Wireless et al
  22. Clark v. The Walt Disney Company et al
  23. HYPERPHRASE TECHNOLOGIES, LLC v. GOOGLE INC.
  24. BabyAge..com, Inc. v. Leachco, Inc.
  25. IP Innovation LLC et al v. Google, Inc.
  26. Elan Microelectronics Corporation v. Apple, Inc.
  27. Bid for Position, LLC v. AOL, LLC et al
  28. Soilworks LLC v Midwest Industrial Supply Inc
  29. Priest et al v Google Inc.
  30. 21 srl v. Apple Inc. et al
  31. PACid Group, LLC v. Apple Inc. et al
  32. Accolade Systems LLC v. Micron Technology Inc et al
  33. Affinity Labs of Texas, LLC v. Apple, Inc.
  34. Clear With Computers, LLC v. Bassett Furniture Industries, Inc. et al
  35. Motorola Inc v. Research In Motion Limited et al

Finally the Bilski case has gone to US Supreme Court. “Not since 1981 has the Supreme Court undertaken to spell out the kinds of inventions that are eligible for patent rights — that is, the right to produce or use an invented device or process, or to license it to others for royalties. Much has changed since the Court’s decision in Diamond v. Diehr in 1981, not least the digital revolution.”

A study was conducted on the effect of Biliski in various technology patents by an IP, technology and market research company called Dolcera.
Detailed report and statistics have been published at Dolcera Public Reports

The below chart depicts the effect of Biliski on various technology domains.

Bilski

Today’s headline on yahoo news:Microsoft will soon unveil free anti-virus software“.

Immediate Market Impact: Symantetc shares fell 0.5 percent on Nasdaq and McAfee fell 1.3 percent on the New York Stock Exchange, while Microsoft was up 2.1 percent. The Nasdaq composite index was down 0.47 percent.

Investors Reaction: Investors are closely monitoring the free service, code-named Morro after Brazil’s Morro de Sao Paolo beach, amid concern it could hurt sales of products from Symantec and McAfee, which generate billions of dollars of revenue a year protecting Windows PCs from attacks by hackers.

Competitors Reaction: Officials with Symantec and McAfee have said they do not see Morro as a threat.

Analyst Reaction: “It’s a long-term competitive threat,” said Daniel Ives, an analyst with FBR Capital Markets, though he added that the near-term impact was minimal.

Is Microsoft attempting to challenge commercial antivirus makers just like  OpenOffice.org challenged Microsoft?

Maybe microsoft is planning to make morro an integral part of its OS for future sales strategy. The reason behind comment is below:

The reason that today’s computers and today’s computer networks are so easily infected stems back to a decision made at Microsoft, for marketing reasons.

In other words, we’re all being screwed by Microsoft Marketing. Let me explain. Read full story….

Source: Yahoo news and bnet.com

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