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Patent - Business Method Patents - Part II
from: Michael RussellIn this second article on business method patents we're going to
continue our discussion on what happens when two companies are
battling it out for the same patent.
There are two ways that an Internet patent can be used. The
first way is to use it offensively against a major competitor to
help eat into their market share. The second way is to use it
defensively against a major competitor who is threatening to sue
based on one of their patents. Case studies show that most
companies are less likely to go to court when the opposing
company can show that it has a patent. Usually these companies
agree to a truce by cross licensing each other's patents.
Here is an example of this.
Company A and Company B both sell tickets online. This includes
services for exchanging unwanted tickets and also earning
rewards for being a frequent purchaser. Company A happens to
hold a patent on a method of exchanging tickets. Company B has a
patent on a way of exchanging rewards points. Even though each
company believes that the other company is infringing on their
patent neither one goes to court over it. Instead they decide to
cross license their patents so that each company can perform
both services, exchanging tickets and rewards points.
So how is it determined who gets a patent? What happens when
business A applies for a patent but business B can show that it
was using the method for a year prior to filing? Business B can
either stop the patent from going through right then and there
or it can wait and invalidate the patent at a later time. The
key to this whole procedure is that the use of business B's
method MUST have been public knowledge prior to business A
filing for a patent. If business B used the patent
confidentially then business A will be granted the patent even
though business B used the method first. However, in a 1999
amendment to this law, even though business A gets the patent,
business B can still use the method without any penalty.
An example of this is as follows. Business A has been using a
certain method of accounting for many years but never disclosed
it to the general public. Company B, over the course of time and
totally unaware that business A has already created this method,
develops the method themselves and files for a patent. When
company B finds out that company A has been using this
accounting method they file a lawsuit against company A. Company
B is granted their patent but company A is allowed to continue
its use of the method without any penalty of law.
Just as a note. If company A had been using the method publicly
before company B filed for the patent, the patent issued to
company B would have been invalidated or possibly would have
never been granted at all.
In the next article in this series we're going to discuss the
legal requirements for getting a business method patent.
About the author:
Michael Russell
Your Independent guide to
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Hiv Drug Patents News
UPDATE 1-Gilead says Teva files to sell generic of HIV drug - Reuters
UPDATE 1-Gilead says Teva files to sell generic of HIV drug Reuters - Gilead said it has 45 days from the receipt of the notification by the US Food and Drug Administration to commence a patent infringement lawsuit against ... Teva Challenges Two Gilead Patents Gilead mulls patent fight with Teva Gilead Says Teva Filed for Generic Version of Truvada (Update1) |
Chembio Ships First DPP(R) Tests - StreetInsider.com (subscription)
Chembio Ships First DPP(R) Tests StreetInsider.com (subscription), MI - Chembio markets its HIV STAT-PAK® line of rapid HIV tests internationally to government and donor-funded programs directly and through distributors. ... |
Viral Genetics, Inc. Completes Acquisition of V-Clip ... - MarketWatch
Viral Genetics, Inc. Completes Acquisition of V-Clip ... MarketWatch - Upon closing, Viral Genetics will own 100 percent of V-Clip and V-Clip's exclusive worldwide rights to patent applications developed by Dr. M. Karen Newell, ... |
Genzyme and Italian Non-Profit ICGEB Partner on Neglected Diseases - Biotech Transfer Week
Genzyme and Italian Non-Profit ICGEB Partner on Neglected Diseases Biotech Transfer Week, NY - ... and market a generic version of Gilead’s HIV drug Truvada. In the letter, Teva alleges that two of the patents associated with Truvada – US Patent Nos. ... |
Group moves HC against patent grant to Roche - Livemint
Group moves HC against patent grant to Roche Livemint, India - The drug is widely prescribed for HIV (human immunodeficiency virus) and AIDS (acquired immunodeficiency syndrome) patients, and patent holder Roche sells ... |
HIV medicines increase diabetes risk - Sydney Morning Herald
HIV medicines increase diabetes risk Sydney Morning Herald, Australia - "We also have the problem that the older drugs are off-patent now and very cheap so they are the frontline treatment in Third World countries. ... |
Other News To Note - TMCnet
Other News To Note TMCnet - The board also appointed a biologics license application oversight committee to support gout drug pegloticase, which was submitted for FDA review earlier ... |