Orthopaedic Innovation: From Inspiration to the OR (2021 Annual Meeting)-Orthopaedic Innovation: From Inspiration to the OR-Gitler

Video Transcription

Video Summary

The speaker begins by discussing the importance of protecting software in patent law and the changing guidelines surrounding it. They then provide an example of how software can be used to protect medical devices. The speaker advises that when discussing an idea, it's important to have a non-disclosure agreement in place to protect patent rights. They explain that most countries have absolute novelty standards, meaning that public disclosure can harm patent rights, but some countries allow a grace period for disclosure. The speaker cautions that boilerplate non-disclosure agreements may contain language that could jeopardize confidentiality. The speaker explains that a patent provides the right to exclude others from making the claimed device, but it does not grant the right to make the device. They discuss the concept of improvement patents and cross-licensing agreements. The speaker then explains different types of patents: design patents, plant patents, and utility patents which can protect processes, devices, articles of manufacture, compositions of matter, and business methods. They outline the requirements for obtaining a patent: novelty, usefulness, and non-obviousness. The importance of conducting prior art searches before filing a patent application is emphasized, and both free online resources and private databases are mentioned. The speaker advises consulting a patent attorney for more advanced searching and explains the patent application process, including the difference between provisional and non-provisional applications. They also highlight the importance of broader claims and the potential costs associated with filing patents. The speaker briefly mentions international patent protection through the Patent Cooperation Treaty and the need for separate filings in different countries. They touch on the challenges of patenting software and provide an example regarding ride-sharing applications. The video concludes with a mention of the limitations of patenting software and the current state of the law surrounding it.

Asset Caption

Stewart Gitler

Keywords

software protection

patent law

medical devices

non-disclosure agreement

patent rights

prior art searches