This is a patent use analysis worksheet for determining the overall likelihood of a royalty owing on a patent.
Arkansas Patent Use Analysis Worksheet
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Multi-State
Control #:
US-TC0715
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FAQ
The invention must be statutory (subject matter eligible) The invention must be new. The invention must be useful.
There are three types of patents: utility, design and plant. Utility and plant patent applications can be provisional and nonprovisional. Provisional applications may not be filed for design inventions.
The United States Patent Office (USPTO) grants patents to inventions that meet three main criteria. The invention must be novel, nonobvious, and useful. To be novel, an invention must be substantially different from anything else that is public knowledge.
1. Patentability requirements (i)there must be an "invention", belonging to any field of technology (see G?II); (ii)the invention must be "susceptible of industrial application" (see G?III); (iii)the invention must be "new" (see G?IV to VI); and. (iv)the invention must involve an "inventive step" (see G?VII).
A patent protects an invention, or how something works. It may be a device, substance, method or process but it must be new, useful and inventive in order to be granted a patent.
In the market approach, the value of a patent is the amount a prospective buyer will pay for a similar product/service while the cost approach shows that the value of a patent is the replacement cost, i.e., the amount that it will cost to replace an invention.
In order for an invention to be patentable it must be novel, i.e. not known to the public before the patent application is filed. In most countries, novelty is assessed based on what was published or used before the filing date of the first patent application for the invention.
The detailed description should provide clear support or antecedent basis for all terms used in the claims so that the meaning of the claim terms in the claims may be ascertainable by reference to the description.