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Patent Strategies for Business 3rd Edition

3.7 out of 5 stars 9 customer reviews
ISBN-13: 978-0966143768
ISBN-10: 0966143760
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Editorial Reviews

From the Publisher

"PATENTS ARE BUSINESS TOOLS. THEY MAKE MONEY."

Patent questions are now critical in many commercial and financial transactions. Patent royalty revenues have become significant sources of revenue, patents are more often enforced when litigated, and judgments for infringement can now exceed US $1 billion. For example, in 1990, Texas Instruments Corp. reported that its revenues from patent royalties exceeded its revenues from manufacturing. Its intellectual property management program had become a lucrative profit center. Are you maximizing your returns from your intellectual property assets?

Patent Strategies for Business, Third Edition, is the updated classic guide for the use of patents as business tools. The new Third Edition re-evaluates patent law for the business executive, general counsel, and patent counsel, from the point of view of achieving patent profits in a cost-efficient manner. The book is a tool for the reader, presenting new ideas and strategies that have been successful for others. The book was developed from scores of actual transactions with real corporate clients.

Patent Strategies for Business, Third Edition, details the new rules for inventing-on-demand, inventing around your competitor's patents, strategic management of patent portfolios, and due diligence for the investment grade patent portfolio.

Patent strategies for specific industries are also discussed including : Internet services, software, telecommunication services, financial and insurance products, and medical devices. --This text refers to an out of print or unavailable edition of this title.

From the Author

"Patents Are Business Tools

This book is designed to be a tool for the reader, to present ideas and strategies that have been successful for others, and that will be successful again. This book is not an academic treatise or survey of the entirety of patent law for the patent attorney specialist. It should, however, be useful for the patent attorney, since the book explicitly discusses important strategies and concepts that are seldom analyzed in print. Current legal developments and their practical applications are also discussed.

The approaches in this book have grown out of specific transactions with specific clients, so we are confident that the ideas in this book have passed at least their trial runs in the real world. However, we have been careful to keep all the discussions here on a generic level, so that no confidences regarding any particular party are revealed. Any references to specific companies or individuals in this book communicate only information that is disclosed in the public record, and which involves parties that this author has never personally represented.

There are several major trends in patents in the last 10 years that have revolutionized the patent business, and which we expect to continue for the foreseeable future.

Patents were made more enforceable, and appellate law uniform and more correct by the creation of the Federal Circuit Court of Appeals in the mid-'80s.

Also, software and computer applications have been determined to be patentable technology, if they are new and not obvious. The result is that in more and more industries, more of the innovation is in the form of patentable software applications. This has lead to the shocking application of patents to new areas such as telecommunication services and financial investments. Also, we may be about to see the rise of business method patents, to a par with the current patentable status of all other man-made processes and methods. At the least, we can expect for software patents to become a factor in most industries in this decade.

Patents are not just for gizmos anymore.

We are also seeing the globalization and harmonization of patent law across our planet.

These developments have greatly increased the power and value of patents. Consequently, patent questions are now critical in many commercial and financial transactions. Judgments for patent infringement are bigger (Kodak recently paid Polaroid almost $1 billion for patent infringement, and Litton more recently received a judgment against Honeywell for $1.2 billion), and patents are more often enforced when litigated. It has also been reported that Texas Instruments has received more revenues in some recent years from its patent royalties than from the sale of its products. This has put more pressure on management to develop their patent portfolios, and to avoid infringement. It has also put pressure on Congress to fix the ownership section of U.S. patent statutes (see the appendices herein for one proposed bill).

As a result, financiers are now beginning to do real patent due diligence, and are looking for patent attorneys who can do a deal.

With the first appearance of biotechnology companies, the courts have agreed that man-made life forms are patentable.

We have also seen that copyright can be used to obtain some protection for software. However, copyright protection is weak compared to patent protection for software (when you can get a patent). The unique overlapping nature for copyrights and patent rights for software require that both sides of this ownership coin be attended to for software.

We have also seen case law develop and clarify the legal side of inventing around a competitor's patent (a process of legal development which is still continuing). This makes the invent around process more reliable and practical. Also, this in part enables what we personally find to be the most exciting innovation of this book, which we call the Rules of Virtual Genius.

Inventing and patenting are two different things that are part of a larger commercial effort, to make money from new products and services. Surprisingly, current developments in technology and law are actually working in the same direction, so that good inventing can facilitate good patenting, and, most unexpectedly, good patenting can facilitate good inventing.

We also have found that the Rules of Virtual Genius, described for the first time herein, are teachable to most business and technical people, and lessons on this subject can inspire profitable innovation.

We also have seen since the late '80s that applications at the U.S. Patent Office have been growing at about 15% per year, while software applications have been increasing at about 30% per year. --This text refers to an out of print or unavailable edition of this title.

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Product Details

  • Paperback: 464 pages
  • Publisher: L B I Law & Business Institute; 3 edition (January 1, 2003)
  • Language: English
  • ISBN-10: 0966143760
  • ISBN-13: 978-0966143768
  • Product Dimensions: 6 x 1 x 9 inches
  • Shipping Weight: 1.4 pounds (View shipping rates and policies)
  • Average Customer Review: 3.7 out of 5 stars  See all reviews (9 customer reviews)
  • Amazon Best Sellers Rank: #3,504,273 in Books (See Top 100 in Books)

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Top Customer Reviews

Format: Paperback Verified Purchase
I have the third edition as published in 1997, at a much higher price than the current book. This book was useless even in 1997.

The author believes in accreting, not revising. So chapter 13 was entitled "New Developments 1995", and chapter 31 entitled "New Developments: 1996 and Early 1997". In between is a disorganized hodgepdge of articles about software, medical devices, foreign filings, and so on. The style of writing is discursive, with almost no diagrams (only one chapter out of 31 has any diagrams at all) and no summaries or bullet point lists to help a busy patent practitioner.

The material itself generally is (i) outdated, (ii) well-known to patent attorneys, and/or (iii) too disorganized and episodic to give a layperson any useful understanding of patent strategy.

I strongly suspect that the glowing reviews elsewhere on this page are written by the author's friends and family, if not the author himself. When I move to a new office a few weeks from now, this book will be heading off my bookshelf and deep into my garage -- if it's lucky.
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Format: Paperback
This book has four reviews that give it 5 stars. The Patents are Business Tools "review" that gives it no stars is taken, at least in part, from the preface to the book. The Author Makes Free Update Articles review, which gives the book 5 stars, is written by the author.
I just received this book today and have only read the first 50 pages. I'm dissapointed that I've already discovered 4 or 5 errors in the text - missing or incorrect words. Some sections are well written and others look like they were dictated, but not proof-read. I have the third edition.
It's puzzling that over 60 pages are used to reprint the Patent and Trademark Office's Guidelines for Computer-Related Inventions. These are available on the web at [...] for free.
It's even more puzzling that the Appendix includes a Bill proposed to Congress in 1995. The third edition went to press in late 1997.
The preface to the third edition says: "A word of caution: . . . many complicated legal technicalities are glossed over or not discussed in this book, in an effort to communicate fundamental strategies. . . (Also, any part of this book may be obsolete or othewise in error at the time you read it)." I agree with the author on these points.
My advice is to read a chapter or two from the book before you buy it. If you buy it online without seeing it first, you may be surprised by how much it differs from the glowing reviews.
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Format: Hardcover
"Stephen Glazier's book ... is a field manual for the intellectual property strategist to start thinking and acting ... Glazier's book is one of the few sources which makes the effort to approach the patent field as a matter of strategy rather than as a matter of ... how the authorities line up on each particular legal issue ... Glazier's book lets the reader understand in a brief and manageable way how things work in the patent field ... The writer wishes Glazier would convert his book into a multi-volume loose leaf series for which there is surely strong need and probably no better potential author or editor." -- review from Intellectual Property Rights News, vol. 2, no. 3.
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Format: Paperback
The sub-title of this work is "Third Edition," which apparently came out in 1997, based on the date of the "Preface to the Third Edition" but its publication date is given as 2003. Since things have changed a great deal in the patent arena since 1997, this book is far less useful than would be one actually revised and republished in 2003. I'm returning this book and demanding a full refund.
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Format: Hardcover
"Stephen Glazier's book ... is a field manual for the intellectual property strategist to start thinking and acting ... Glazier's book is one of the few sources which makes the effort to approach the patent field as a matter of strategy rather than as a matter of ... how the authorities line up on each particular legal issue ... Glazier's book lets the reader understand in a brief and manageable way how things work in the patent field ... The writer wishes Glazier would convert his book into a multi-volume loose leaf series for which there is surely strong need and probably no better potential author or editor." -- review from Intellectual Property Rights News, vol. 2, no. 3.
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