By: Josh Sloat

​Next week, we'll be attending, sponsoring, and speaking at MichBio's Life Sciences Showcase, held in-person in Lansing, MI. We'll have a table set up, so be sure to stop by and say hello. 

The Showcase brings together industry professionals, thought leaders, and change-makers from all Life Sciences sectors with patients and patient advocates, higher education and research professionals, services providers, students, and economic development and non-profit partners to promote industry connectivity, share best practices and emerging trends insights, explore the changing healthcare landscape, and drive industry growth.

This event will include four of MichBio's signature events – Drug Discovery Symposium, Medical Device Summit, Digital Health Forum, and Patient Advocacy Forum - with dedicated tracks for each event, as well as an exhibit floor featuring suppliers and vendors serving the life sciences, research and technology presentations, and networking opportunities.

When: Monday, September 18th from 7:30a-7:00p ET.
Location: Lansing Center in Downtown Lansing // 333 E. Michigan Ave, Lansing, MI 48933
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We'll be doing a talk in the afternoon on crafting stronger life science patents. Life science patents have grown increasingly vulnerable to rejection and invalidation due to subject matter eligibility and enablement interpretations. The implications are staggering with over 80% of abandoned life science applications having a final rejection stating that the innovation did not include patentable subject matter. In this talk, we’ll explore how to avoid these rejections, understand the implications for new drugs, and provide practical tips for creating robust life science patents. We'll also briefly touch on expanding your exclusivity window in light of FDA delays and what strings to be aware of when pursuing government funding from sources like SBIR and STTR grants.

For a complete list of topics and speakers, see the full agenda. 
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We'll also be doing a 15 minute talk about the dangers of public disclosure and the critical steps to take to protect your idea before pitching or approaching investors. At this time, Ashley will also be available for a patent expert AMA, so come armed with your intellectual property questions!
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​Aurora is a proud supporter of MichBio, a member of the MichBio IP committee, and a sponsor of this event. Life science innovations are essential for human health and must be a vibrant component of Michigan's economy. For decades, MichBio has been important in driving bio-industry growth in Michigan and connecting the people, companies, and ideas necessary to create the next generation of bio-innovation. They are great partners, and we're happy to support their important mission in any way we can!
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By: Josh Sloat

In this month's episode, we’re talking about the use of government grants and the strings that can come attached to your IP! We’re exploring the various types of small business research grants, how the Bayh-Dole Act regulates inventions generated under government grants, licensing and ownership implications for your patent when using federal dollars, and the sticky webs that you may find yourself in if you are not carefully tracking IP and adhering to the numerous provisions and timelines.
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The use of government grants for research and development is one of the most common areas of concern we get questions about from our clients. And for good reason! Non-diluting capital can be an essential source of funding when trying to get your innovation off the ground. Investor money comes with loss of equity and/or control. Family and friends’ money may come with the risk of strained relationships. So, essentially free money by way of government grants can seem like an obvious choice, right? And it is for many. The Small Business Technology Transfer (or STTR) and Small Business Innovation Research (or SBIR) grants are the largest source of early-stage capital for life science startups in the United States, combining to provide over $2B annually in support from federal agencies like the NIH. 
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But like money from investors, friends, and family, these grants do still come with some serious strings attached and potential ramifications you need to be aware of. For instance, use of these funds grants the government a royalty-free license to practice your invention worldwide. To the surprise of many, and as we’ll discuss, this can include royalty-free use of patents obtained before even applying for the grant. This is potentially a big problem, especially if the federal government could be one of your primary customers. Other provisions can result in lost ownership rights if you fail to commercialize or neglect to file the correct paperwork on time. Most of these things are manageable, but when considering government grants, you need to be aware of these gotchas so you’re going in with clear eyes and can manage the hooks in a way that doesn’t jeopardize your patent rights. 

That awareness is our focus today. Dr. Ashley Sloat, President and Director of Patent Strategy here at Aurora, leads the discussion along with our all-star patent panel, exploring:

In this month's Mossoff Minute, we discuss the introduction of a very important piece of patent reform legislation called the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL). ​We’re also publishing excerpts as short-form videos on Instagram Reels, YouTube Shorts, and TikTok.
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Patently Strategic is available on all major podcasting directories, including Apple Podcasts, Spotify, and Google Podcasts. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.

By: Josh Sloat

​Aurora is teaming up with Northwestern Michigan College (NMC) in Traverse City to help provide aspiring entrepreneurs with an Innovation Mindset Credential. This is a brand new curriculum, highly-tailored toward startup bootstrapping and turning ideas into real-world solutions. 

Getting off the corporate hamster wheel or finding the motivation to kick start your side hustle is just the beginning. The path to becoming a successful startup is one that comes with MANY hats. You know your domain like the back of your hand, but you'll have a massive oh-no second once you start running into all of the other things necessary to bring your idea to the marketplace. You'll be a technologist, a designer, a marketer, an accountant, an HR wizard, a salesperson, an attorney, and a professional people person. You don't have time to become all of these things and you don't have the money to pay to have them all done for you. This course is everything you need to know, presented in digestible bits, meant to get you off to the races on building the next great thing, while doing so from a foundation built to last. 
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The Innovation Mindset Credential is a skills-development program designed to give participants the knowledge needed to think like an entrepreneur, act like an innovator, and turn ideas into tangible innovations.
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​26 hours of interactive training focused on developing the skills to turn an idea into a viable business solution. The program focuses on the following areas:

​Legal Issues
Dr. Ashley Sloat will be the instructor for the Legal Issues Course. She'll be covering many of the i's and t's you need to consider when getting started. From her position of domain expertise, she'll help you understand what you need to make sure you're protecting your intellectual assets like patents, copyrights, and trademarks. From her background as a business owner educated in the school of hard knocks, she'll share lessons learned about business formation, essential contracts, entity-based tax considerations, and what to think about before bringing on employees or contractors to help.

Program Outcomes
A Business Canvas and a disclosure-proofed Pitch Deck supporting your idea. 

Enrollment is now open for classes starting in September. Hope to see you soon! And if you have any questions you'd like to make sure we address in our course, drop us a line!

By: Josh Sloat

Generated using OpenAI’s DALL·E 2.

In this month’s episode, we’re talking about Jack Daniels, Mickey Mouse, Andy Warhol, Jason Voorhees, Winnie-the-Pooh, Lizzo, and WallStreetBets. What do they have to do with patents you might fairly be wondering? Honestly, not much. 

Patents are our focus in our business and in this podcast, so we devote a lot of air time to talking about protecting ideas and inventions, but in the realm of intellectual property, patents have some pretty close cousins. In thinking more broadly about creating the largest possible moat with your IP, you also need to be considering what our guest, Mallory King, refers to as “brand protection” – or the copyrights, trademarks, and contracts necessary to protect your brand’s rights and assets. 
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​Copyrights and trademarks in particular have seen a lot of limelight this year involving some of the biggest brands and pop culture icons. At the same time, major IP rights questions are erupting around the use of generative AI systems like ChatGPT. In addition to covering the basics necessary to help get you booted up, we’re going to use these high profile topics and Supreme Court cases as a vehicle to get a deeper understanding of copyrights and trademarks and some of the sharpest corners you should be aware of when managing your own brand protection. 

Come for the SCOTUS potty humor; stay for the brand protection learnings. ​The past year has been a target-rich environment for comedic relief in the land of IP law. We cover a lot of ground in this episode and went to great lengths to ensure research accuracy, including attending the one-day theatrical release of Winnie-the-Pooh: Blood and Honey, back in February. After Mallory briefly coaches us up on the fundamentals of brand protection, we tackle the following:
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In this month's Mossoff Minute, we discuss the introduction of the 2023 Patent Eligibility Restoration Act, its biggest criticisms, and what it solves. ​We’re also publishing excerpts as short-form videos on Instagram Reels, YouTube Shorts, and TikTok. 

Given the importance of PERA and the ongoing debate, we’re releasing the full-length interview on YouTube. The full-length version includes:

​Patently Strategic is available on all major podcasting directories, including Apple Podcasts, Spotify, and Google Podcasts. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.​

By: Kristen Hansen

Illustration: Declan Wrede

​In general, a utility patent expires 20 years from the filing date of the patent application. This 20-year patent term begins at the filing date of the first U.S. non-provisional patent application, which would include the filing date of an international PCT application if that was the first non-provisional filing. 

Provisional patents, which function as a placeholder for a utility patent application, expire 12 months from the filing date of the provisional patent application. These applications are not examined; they truly sit as a placeholder awaiting to be converted to a non-provisional patent application, but function to the applicant’s advantage in securing the earliest possible filing date in the U.S.-based first-to-file system. 

Possible exception. When a non-provisional application is filed more than 12 months after the filing date of the provisional application, but within 14 months after the filing date of the provisional application, an applicant may restore the benefit of the provisional application by filing a petition that includes a fee and a statement that the delay in filing the non-provisional application was unintentional.

Impact on 20-year term. Domestic priority benefit to one or more U.S. provisional applications is not considered in the calculation of the 20-year term of a patent. In other words, the one-year window given by the provisional is not deducted from the possible 20-year term (21 years from the filing date of the provisional application, as opposed to 19).

Utility patents, which protect the way an article is used and works (e.g., systems, methods, computer-readable mediums, etc.), typically expire 20 years from the date of patent application filing. However, If the application claims priority to any earlier filed applications (e.g., a related provisional application(s) or related U.S. non-provisional application(s)), the application will expire 20 years from the filing date of the earliest of such applications.

​Plant patents, which protect newly discovered asexually reproduced plants, expire 20 years from the date of filing of the patent application. However, If the application claims priority to any earlier filed U.S. provisional or U.S. non-provisional applications, the application will expire 20 years from the filing date of the earliest of such applications.

Design patents, which protect the way an article looks (i.e., ornamental appearance), filed before May 13, 2015 expire 14 years from the date of the patent grant. Design patents filed on or after May 13, 2015 have an expiration of 15 years from the date of the patent grant. Note that design patents are aged from a patent grant date, while plant and utility patents age from a patent application filing date.

Continuing patent applications, which include continuations, divisional, or continuation-in-part applications (e.g., child applications) that claim priority to an earlier patent (e.g., parent, grandparent application) expire 20 years from the filing date of the earliest U.S. patent application in which benefit is claimed.

International patent applications that are granted as national stage entry filings of the international application expire 20 years from the filing date of the international application. A continuation or continuation-in-part application claiming benefit to the international application and designating the U.S. expires 20 years from the filing date of the parent international application.

Foreign priority is not considered in determining patent term/expiration. A U.S. non-provisional application that claims priority to a foreign patent application or patent expires 20 years from the U.S. non-provisional application filing date.

You may only extend the concept of a patent by inventing and patenting an improvement to the originally patented invention (which is a new invention).

Patent Term Extensions (PTE) or Patent Term Adjustments (PTA), however, can extend portions of the patent term (by days, months, or years) based on adjusting for delays by the Patent Office and delays by the Applicant during prosecution. This amount of PTE/PTA is typically listed on the face of the patent.

Terminal disclaimers can further disclaim part of a patent term and typically come into play in continuation or continuation-in-part filings. A terminal disclaimer is a type of time limit on a patent. A terminal disclaimer typically comes into play when an inventor’s first patent application and a later filed patent application include claimed content that is too similar to one another. If the patent office awards a patent to the later filed patent application, then the patent office may require that the inventor file a terminal disclaimer that effectively forces the later filed patent to expire when the first patent expires.

The patented invention becomes freely usable by others and is considered public domain. At this time, others may freely make and use the invention without paying royalties to the inventor(s). Note that improvements to an invention in the public domain can be covered by separate patents that may have been obtained later than the original patent. The improvements patent(s) may still remain in effect and can block others from making or using the improved invention.

​Many innovations require billions of dollars in R&D. The road to every success is paved with countless iterations of failures. The 20-year term gives innovators an opportunity to recapture losses and profit from their discoveries without the threat of competitors pirating and profiting from innovations they didn’t invest in to create. Since the inventions are published, competitors still have the ability to learn from the advancements, design around them, or even build upon them with improvements. The fundamental ability to license a patent, as a transferable property right, provides a bridge from intellectual to real capital and prevents this 20-year term from being a blockade to innovation.

Patents expire to prevent the possibility of unlimited monopolies. Large entities could swallow up entire industries and prevent progress in particular technologies. The 20-year term satisfies the quid pro quo grand bargain of an exclusive, but limited, property right to inventors in exchange for an enabling (and lasting!) public disclosure. 

Drug patents are utility patents and thus expire 20 years from the date of patent application filing. Drug patents do, however, provide some unique opportunities to extend exclusivity, not found in other patent domains. We’ve outlined some highlights below, but for a more detailed discussion of options, please see: Drug Patents and the FDA: Timelines, Exclusivity, and Extensions.

​The PTE/PTA calculation may apply here to extend the application if delays occurred during prosecution of the patent.

Medical patents (e.g., systems, methods, computer software for medical methods, methods of treatment, etc.) are utility patents and thus expire 20 years from the filing date of the patent application. 

Yes. The USPTO provides a downloadable patent term expiration calculator.

This can all get a little convoluted with concepts like continuations, terminal disclaimers, regulatory-based extensions, etc. If you could use some help sorting through this and maximizing your patent’s lifespan, please reach out! 

By: Josh Sloat

​We're excited to introduce the Mossoff Minute: a monthly Patently Strategic Podcast segment designed to keep you informed on significant events in the patent world – particularly those events relating to the battle that rages on between the ragtag group of rebels fighting to restore our patent system to its former Gold Standard against the all too powerful forces spending billions to destroy the ladder they once climbed up on. This segment builds on our Patent Wars episode, and features short conversations with Professor Adam Mossoff, providing updates and quick takes on movements in patent reform, significant court rulings, innovation policy happenings, and occasional Star Wars references. We also publish 60 second videos from these segments to TikTok, Instagram Reels, and YouTube Shorts.
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Below is the first ever Mossoff Minute, covering the Supreme Court's recent ruling in Amgen v Sanofi and its impact on patents and innovation in the life sciences, pharma, and biotech industries.

​You might remember Adam from his involvement and exceptional insights shared in our Patent Wars episode where we discuss both the biggest problems facing patenting, as well as the best possible solutions for reform:
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Or from an even more recent interview, where we discuss the history and purpose of patents in society. We couldn’t have asked for a better historical tour guide or contemporary ambassador for this important topic. Adam is a wellspring of knowledge in this domain and makes the history come to life – and connects it with modern times – in ways we could only wish our history professors had.
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By: Josh Sloat

We are now officially on Instagram Reels, YouTube Shorts, and TikTok! We'll regularly be publishing short-form videos about all things patents, including: 

We are more deeply committed than ever to our great long-form written, video, and audio-based inventor education, but we also appreciate that life is busy and sometimes 60 seconds is all it takes to get the essence of a topic. Plus, the future of the Internet has to be about more than just cats.
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By: Staff

What’s actually in a patent? How do you read a patent? What can you learn from reading one? And where do you even find them in the first place? 

Patenting can be such an essential part of early startup years, but it’s a very complex domain, with loads of special vocabulary, and all of that can make it seem less accessible than it was really designed to be. The following is a guided tour, taken through the anatomical lens of the most intrinsic and tangible piece of the process – the patent application. Our goal in sharing this is to reduce the barrier of entry, unlock for you one of the greatest libraries in the world, and help set you up with clear eyes going into your own patent journey. 

It’s through the understanding of a patent's structure and parts, that you’ll quickly begin to see more clearly how the broader world of patenting works! We will break down the key anatomy, cut through the arcane terminology, and provide tips on how you can use that information for your competitive advantage. By the end of this article you’ll know where to find patents, how to read patents, and what you can – and cannot – learn from patents.

​A patent is a Constitutionally created property right granted for an invention and is one of several ways to protect intellectual property.  A patent is essentially a deal between the applicant and the United States government, in which if the patent is issued, the patent owners are granted a limited monopoly of 20 years, with the exclusive right to prevent others from making, using, offering for sale, or selling the patented invention. The other half of the bargain is that this government-granted window of exclusivity is traded in exchange for an enabling public disclosure that teaches the public how to make and use the invention. This disclosure happens through the publication of a patent application. The purpose of this deal is to advance the welfare of the country by promoting the long term progress of science and the useful arts.

A patent application is basically a specially structured letter to the patent office that describes an invention and recites some claims that the inventor believes she's entitled to. It facilitates the public disclosure and is the basis of a protracted conversation between the patent office and examiner and the patent office and the applicant – a process that is called patent prosecution. Inventors can draft, file, and prosecute on their own or work with the assistance of a registered agent who can do these things on their behalf. Once you submit your patent application, you will have the right to claim patent pending status.

A granted patent confers upon its owner exclusive rights to exploit the invention commercially, including the monopoly to manufacture, use, and sell the invention. The recognition of a legally-binding monopoly position allows inventors to monetize their invention, while simultaneously preventing others from doing so. The decision to obtain a patent can be influenced by a range of factors, such as the nature of the invention and the specific industry. In sectors such as biotechnology, a patent can serve as a key attractor of investment and a catalyst for licensing opportunities. It could be the deciding factor for the success or failure of a startup. On the other hand, such as in consumer goods industries, a patent can be leveraged as a marketing tool, and can facilitate more favorable negotiations with suppliers, customers, and partners.

A patent is also an important tool for protecting your idea before talking with others. This is definitely something you want to consider doing before marketing an invention or attempting to pitch your product or company to investors. Public disclosure or offer for sale without filing a patent application puts you at a tremendous risk for idea theft. In fact, public disclosure before filing a patent application, is one of the top mistakes we see among inventors, that can make later patentability much more difficult, if not impossible. 
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​Obtaining and maintaining a patent involves a significant investment in both time and monetary resources. While a granted patent offers a legally recognized monopoly and potential protection, it also requires public disclosure of the invention's details. This information becomes a matter of public record and can potentially provide valuable insights to competitors. Enforcing a patent against infringement can be a complex and costly process. In certain circumstances, it may be more advantageous for the inventor to maintain the confidentiality of the invention as a trade secret rather than seeking patent protection.

Beyond understanding what a patent is and why you do or don’t need one, it helps to understand who it’s written for. Over the course of its life, an application can have multiple audiences – all with very different roles to play and goals in consuming and interpreting. Who all might look at an application and why?

Patent Office Examiner. A patent’s first audience is going to be an examiner at the Patent Office. You and your patent practitioner will work with the examiner through the process of prosecution as you move your patent application toward a granted patent. The application will face a very high level of scrutiny from examiners because the office will need to assess it for various metrics (e.g., usefulness, novelty, obviousness, and enablement) based on the Patent Office rules and procedures.

Investors. After getting your patent pending designation (by filing a provisional, nonprovisional, or international patent application), you can now approach investors with a safeguard in place. This will be a much higher level look and will largely be focused on what kind of protections the patent affords, but patent quality still matters a great deal. In an early stage company, funding is critical for survival, so you want the investor to believe in your technology.

Courts/PTAB. Once you have a granted patent, you may either need to assert your rights against infringers or potentially defend against someone trying to invalidate your patent. This could (unfortunately) involve proceedings at the USPTO with the Patent Trial and Appeal Board or within the court system including District Court, Federal Circuit Court, and maybe even the Supreme Court. This audience can include lawyers, judges, and jurors – all with varying degrees of technical and legal expertise. 

A person skilled in the art. Going back to the grand bargain mentioned above, the ultimate intended audience (from the government’s perspective anyway) is a person skilled in the art, who is looking to build or build upon the idea – and hopefully with a lucrative license from you! In legal parlance, you will also often see this referred to as "a person having ordinary skill in the art” or PHOSITA, and is the patenting persona of a person who has an average knowledge/skill level in a particular art.

We break the parts of an application down in great detail in sections to follow, but it is helpful, at a high level, to understand the kinds of information you will and won’t find in a patent. You will be able to find the following in any published or issued patent application:
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There is also a fair amount of invention and patent associated data that you might expect to find in a patent that you won’t. This is largely due to the static nature of the document once published or issued. The patent is frozen in time and will not tell you what happened later. You will not find the following in a patent:
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​Some of this information is freely available in other tools like the USPTO’s Patent Center, via other private, paid databases like LexisNexis, and via old school methods like picking up the phone. 

One point of confusion we often see, especially among inventors newer to patenting, is in the difference between a published application and an issued patent. The difference between a published application and an issued patent lies in the stage of the patent prosecution process we mentioned earlier. Patent prosecution refers to the interaction between the patent applicant and the Patent and Trademark Office (PTO) examiner. The PTO examiner ensures that the claimed invention is useful, novel, and non-obvious. If the claims don't meet the standards, the examiner raises objections and the applicant can modify the claims or argue with the examiner.
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A published application is the initial document filed by the applicant, including the claims they want to protect. It’s worth mentioning that the application gets published 18 months after its initial filing date whether or not it results in an issued patent unless there’s a non-publication request.

An issued patent, on the other hand, is a granted patent that has gone through prosecution and has claims that have been approved by the examiner. Everything else about the document will be the same as the published application. 

There are several different types of patents to consider, depending on the nature of your invention and what aspects you’re looking to protect. 
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A patent application has the following four sections: (1) Front/cover page(s), (2) Drawings, (3) Specification, and (4) Claims

(1) Front/cover page(s) 
The front page(s) of a patent typically include the Title, an Abstract, and Drawings. These provide a summary of the invention, but are not the main sources for determining the scope of the patent. The cover sheet is usually prepared and filed by the Patent and Trademark Office (PTO) when the patent is published, based on information provided by the practitioner.

(2) Drawings
The Drawings (also commonly referred to as figures) in a patent are intended to help the reader understand the invention and typically show all the elements claimed. For many types of applications, the figures can basically function as a storyboard for explaining the invention. Exceptions are rare, such as for chemical compounds, but most US patents include drawings. If a drawing is labeled as "Prior Art", it documents related processes that existed before the invention and is not part of the claimed invention.

(3) Specification 
The specification, which follows the front page, provides context for interpreting the claims section. It usually includes the following elements:
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Defining new things sometimes requires new vocabulary. The specification also gives inventors some flexibility in defining terms (usually in the Detailed Description), as they are essentially their own lexicographer. Terminology and definitions can be included in the specification, and the claims are interpreted in part based on these definitions, as well as the general state of the art and the plain meanings of terms at the time of filing. 

(4) Claims
The Claims section is the heart of a patent application and is located at the end of the document. The Claims are the main focus of an application and are the subject of argument during prosecution. They are reflected in the Summary, Detailed Description, and Abstract sections. 

Old West Metaphor. In trying to break down some of this vocabulary, it can be helpful to think of claims in the context of an old west metaphor, where the patent claims are likened to a mining or homestead claim. An old west claim would need a map of the context, the surrounding landscape, and a clear delineation of the exact boundary of the mine being claimed within the surrounding landscape. Everything else in a patent application largely exists to provide context for the invention claims, but the claims themselves point out the exact boundaries of what the inventor believes they are entitled to own. 

Claims Define Infringement. The main purpose of claims is to be able exclude others from making or using the invention. An issued claim provides the claim owner with a monopoly for a limited time period (20 years from filing) and can be very valuable. The claim owner can sue for infringement if someone is practicing the invention. The basic question in infringement cases is whether every element of the claim is being practiced by the alleged infringer. If I have claimed A, B, and C – and someone tries to just copy A and B on the path to doing something else, that is not infringement. If someone copies A, B, and C, that is infringement. If someone copies A, B, C, and adds D, that is infringement, but that person could still file to patent D, but would not have freedom to operate D without obtaining a license from you for A, B, C. Ninety percent of the mental exercise in drafting patents is in the strategy of looking around corners, anticipating the future, and trying to capture as many would-be infringers as possible. 
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The universe of patent literature is one of the great libraries of the world – and it's free! The amount of stored knowledge is truly under appreciated. Once you know how to search or you have someone searching for you, you can learn just about anything!

To find and download a patent or patent application, you can use the following free search sites:

If you're looking for professional assistance, you can also reach out to practitioners or search firms who have access to additional databases and can provide deeper analysis. If you're interested in learning more, we encourage you to check out our episode on Patent Searching.
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By: Josh Sloat

We're excited to announce that we're welcoming Gabrielle Krakow to the Aurora family this summer! Gabrielle joined us in June, starting her role as ​our Growth and Tech Intern. She will work alongside me in educational content creation, short-form video development, SEO improvement, and internal workflow optimization.

Gabrielle is an undergraduate at Yale University majoring in Computer Science and Economics. She has experience in the technology industry, including developing two award-winning mobile applications. Gabrielle has also worked in the Yale Strategic Communications Department, live-tweeting and creating Instagram graphics for the Yale women's basketball team.

By: Josh Sloat

Why do patents exist in the first place? What function do they serve in society? And what is their historic origin story? In this month’s episode, with the help of Professor Adam Mossoff, we zoom way out, turn the time dial back a bit, and focus on the genesis of patents. 
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There’s a special kind of magic that happens when individual incentives align with societal good. Abraham Lincoln, who believed that the creation of the patent system was only surpassed by the discovery of America and the invention of the printing press in terms of the three greatest advancements in human history, once said, “The Patent System added the fuel of interest to the fire of genius, in the discovery and production of new and useful things”. 

The recognition and protection of mental labor and the fruits of the mind as natural property rights enabled any inventor – big or small – to profit from their discoveries and partner with those possessing the resources necessary to scale and bring new products and services to the marketplace. The exchange of this protection for an enabling public disclosure enhanced society and accelerated the pace of innovation by facilitating the open exchange of information and created the greatest free library of science and technological information in the world. And because the economy grows and society flourishes when innovation is encouraged, the world was transformed in the 19th and 20th centuries as demonstrated by the scientific and technological revolutions that define our modern society and by virtue, created the greatest hockey stick graph in history. 
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But somewhere along the way, we lost sight of this. Patents became a victim of their own success. Their impact on society, the economy, and innovation became both ubiquitous and too often unseen at the same time. This episode is the start of our effort to help undo this collective societal amnesia about the significance of patents as the primary driver in society for encouraging innovation, promoting public disclosure, facilitating technology transfer, and stimulating economic growth.
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Patently Strategic is available on all major podcasting directories, including Apple Podcasts, Spotify, and Google Podcasts. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.​