Blocking and Tackling The Patent Process Challenge for a Small Entrepreneur under the AIA – America Invents Act After being stung by a malicious lawsuit Robert Villhard decided to take action. He became a lawyer. Now as a prominent patent lawyer in Austin, Villhard offers patent advice and services to inventors. The game in simple terms: blocking and tackling. At Sherlock’s Baker Street Pub he spoke to entrepreneurs about game plans for turning an invention from an idea - to a prototype - to a reality in the marketplace. As such, he likened the process to beveling a diamond. Given this process of precision required, one of his main points was that the game has changed considerably in the past few years. With the passing of The America Invents Act (AIA), priority is given to those who are “first to file” (FTF) – favoring companies “lawyered-up” with patent attorneys over small entrepreneurs who have less access to legal advice and power, therefore much fewer resources. Prior to this “first to file” change in the law, “first to invent” (FTI) was honored by the patent system. Not anymore. Given the high stakes proposition involved in obtaining patents, small entrepreneurs are left with fewer resources and filing power than large companies. But that is not to rule out that the playing field can be leveled out somehow. For this reason, Villhard found a passion and a niche in pushing through patents that warranted a chance in the market for any entrepreneur. In some instances, the entreprenuer can sprint faster because of greater, specific and deep knowledge of the technology involved, whereas in a corporate setting, the patent must be vetted through the patent lawyers working for the company or contracted with the company to see the patent to fruition. His strongest advice for the entrepreneur is to do as much research in advance as possible – as this will keep some of the costs down before an attorney performs research at a high rate. Villhard compared prices of various services such as Legal Zoom ($2500) and other services that cost around five thousand dollars. Given that the process is so involved and detailed like a diamond cutter cleaving angles, the process could end up costing from nine to eleven thousand dollars or more. Experienced in obtaining patents himself, Villhard knows the multitude of obstacles an inventor faces when attempting to bring a product into the marketplace. In addition, he acknowledges one of the biggest continuing problems with gaining respect and cooperation for the U.S. patent system: China. As such, blocking and tackling might not apply. Bulldozing might. villhardpatents/home_-_villhard_patent_group villhardpatents/cool_patents Austin Inventors Meeting: Robert Villhard austininventors.org/monday-february-3rd-blocking-and-tackling-for-entrepreneurs-intellectual-property-game-plans/ A few of Robert Villhard patents: appft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.html&r=1&f=G&l=50&s1=%2220030156942%22.PGNR.&OS=DN/20030156942&RS=DN/20030156942 patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=1&f=G&l=50&d=PALL&RefSrch=yes&Query=PN%2F6699015 patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=19&f=G&l=50&co1=AND&d=PTXT&s1=villhard&OS=villhard&RS=villhard patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=1&f=G&l=50&d=PALL&RefSrch=yes&Query=PN%2F6886622 Valerie Atkinson Brown is a Wiley author who covers intellectual property. valerie1982351@gmail (Researched by Walt Roper, University of Illinois Big Data-Rx [email protected])
Posted on: Mon, 03 Mar 2014 03:04:37 +0000
Trending Topics
Recently Viewed Topics
© 2015