Patent tip: Be inspired by the patent databases!

Databases 

One of the magnificent search tools for patent information is Espacenet. Espacenet is a database made available for free by the European patent office. Here, in a neatly ordered fashion you can find in about 64 000 classes about 90 000 000 patent documents.

This is a truly wonderful source of inspiration, that is why I would like to share this item with you.

Example

For example you can keyword search in the classes, and can select the most appropriate class for your innovation. In this class, you can just start to wander around through the relevant documents. Please have a look at the second link herein below for a direct entry into 90 million patent documents, and:

Be inspired!


If you have tried various things and you get stuck, please don't hesitate giving me a call or texting me a message:

Hendrik de Lange
Dutch and European patent attorney
+31 (0) 6 481 74 686

Sources: 

Link to the keyword search field in the documents of Espacenet: http://worldwide.espacenet.com/advancedSearch?locale=en_EP

Link to the keyword search field in the classes of Espacenet:
http://worldwide.espacenet.com/classification?locale=en_EP

Patent tip: Keep your stuff secret!

One of the requirements in patent law, in order to get a patent and the desired monopoly on your technology, is that the invention must be new.

A single sell of the product, wherein the invention is integrated is sufficient to take away this so called novelty and thus is killing the chances on getting a valid monopoly. 

So keep your stuff secret! Secret at least till you have made a sensible decision on obtaining protection. If you have to disclose details to suppliers or potential clients, have them sign an NDA!

Hendrik de Lange
Dutch and European patent attorney
+31 (0) 6 481 74 686
http://www.octrooifabriek.nl

Patent tip: Recognize the invention!

Search for "pling-effects"

The best way to describe an invention is by the "pling-effect". "Pling-effects" occur when a problem occurs that is difficult  to solve. Most of these problems come about, because one or more counteracting forces prohibit an aimed effect to occur.

For instance the situation:

My son wants to organize a birthday party on the freshly discovered earthy planet Kepler 452b.

problem:

Even when travelling the speed of light, it is about 1400 years travelling. So the guests will likely arrive late, probably too late.

So the problem cannot be easily solved, until someone reaches a "pling-moment", which in this case is daunting to say the least.

Occurrence of "pling-effects"

Mostly the "pling-moment" occurs somewhere distant from the environment where the problem originally occurred. Like during relaxing, sport, showering, sleep or having a beer with close friends. It is the sudden light bulb, the creation of a new insight, a somehow higher level of knowledge than before that defines a "pling-moment".

The true master of all examples of the "pling-effect" is the Eureka moment of Archimedes in his bath tub, when he had to investigate the gold content of a crown of the that time reigning king. The excitement when the insight has reached apparently was so great that he danced naked in the streets of joy.

"Pling-effects" are often extremely rewarding, and mostly the solution appears dead simple once it has appeared in the mind. Here the danger of downgrading the invention is likely to occur, especially by people with creative technical minds. Questions like: is that so special? or remarks like everyone could have come up with this are detrimental for the recognition of inventions.

Remember, this is always a hindsight view! Beforehand, before the "pling-effect", no-one would say the solution is easy, because, before the "pling-effect", there was none to judge in the first place.

Mostly, the hard and often frustrating work comes in implementing the "pling-effect" in a working prototype. Mostly it is difficult, because the implementation is never performed before. It is like stepping into the unknown and see if it works out.

So whenever a "pling-moment" occurs, a potentially patent worthy invention may have been generated, out of thin air! This much explains the word invention, as if the wind has blown something into a mind.

Summarizing

- "Pling-effects" indicate an invention.
- "Pling-effects" occur at very distinct and memorizable moments, mostly in a relaxed state of mind.
- "Pling-effects" are giving a sense of excitement.
- "Pling-effects" are mostly very simple in hindsight.
- "Pling-effects" are by nature difficult to implement, because nobody has done it before, ever.


When is such "pling-effect" patent worthy?  You will read more about the patent requirements in one of my future patent tips!

I wish you happy inventing!

Hendrik de Lange
Dutch and European patent attorney
http://www.octrooifabriek.nl

Sources:

https://en.wikipedia.org/wiki/Archimedes

Patent tip: Get a patent or two and keep your Innovatiebox!

It was expected and it will be implemented in 2017; the end of the WBSO declaration entry for the innovation box (the 5% tax regime on company profits in stead of 25%). Only a patent is considered sufficient to be able to receive the reduction, aimed at stimulating the innovativeness of enterprises.

Well be aware, a patent may not even be sufficient to repair this. A negative written opinion, issued by the Dutch patent office may well annihilate your chances on getting into the innovation box regime. Dutch tax inspectors are now more and more studying in detail the files at the Dutch patent office.  They are not any longer accepting the reduced tax regime under the innovation box, if the written opinion is negative about the patentability of the invention.

And believe me, most written opinions are negative.....

Worse still, there is nothing to do to repair this negative opinion in a patent application. This is because the written opinion is only an opinion, not an appealable decision.

How to repair this? 

Well by filing a second application, with much more restricted, narrow claims, such that it is almost impossible for the patent examiner in question to issue a negative written opinion on this second patent application. 

Are you interested in how to strategically best cope with this issue and get the exact details on how to deal with it, please send me an email or give me a call, I will be happy to advice you. 

Thank you for reading my blog, 

Hendrik de Lange
Dutch and European Patent attorney
cellphone: +31 6 481 74 686

Patent tip: indicate your protection!

Products with clear indications of protection get less copied!

It is always advisable to put a patent number or a patent pending on your products, once a patent application has been filed.

Why? 

It educates the public that there is protection applied for or that there is a protective right in force. More importantly, it warns potential infringers to be cautious about copying. Products with clear protection indications are less likely to be copied, and lawsuits against infringers are more likely to succeed.

Example

The Legaignoux brothers are the inventors of the inflatable kites, which was a true revolution in water sports. These inflatable kites could be relaunched from water, without the danger of loosing the kite, or worse the danger of loosing your life altogether. In 1985 they have filed for a patent and after their patent being filed and granted, the inventors have searched for and found numerous licensees.

Figures from the EP0202271 European Patent for tube  kites.

The first licensee, Neil Pride, who was selling the kites under the Wipika brand took a license only in 1997, 12 years after the first patent has been filed. The producers Naish and North followed soon, later most brands followed in licensing this technology [1,2].

Patent marking on one of the original R3, one of the early Naish kites, designed for kitesurfing.

Since then more than a million kites with the Legaignoux technology have been sold globally. Quite a success!

Number of tube-kites sold annually, the arrows indicate the start and expiry of the
first patent on tube-kites. the Numbers originate from various sources [3,4]

Without protecting and licensing, and without informing potential competitors, the two brothers and inventors would not have had such a profitable return on their truly lifetime investment. They did contribute to the world by introducing a new and exciting sport. And they created a global market now worth over 321 million US$ [4].

To all innovators: indicate the protection on your products well!

References and sources:

[1] About the inflatable kite: http://inflatablekite.com

[2] About the history of kite surfing: http://www.inmotionkitesurfing.com/2013/history-of-kiteboarding

[3] SBC Kiteboard: http://fksa.org/showthread.php?p=50397
http://www.sbckiteboard.com/news_article?news_id=2206 [available as link only in the internet archive, numbers are still available]

[4] Wikipedia: https://en.wikipedia.org/wiki/Kitesurfing

are patents like nature?

There are some striking similarities between patents and nature.

If we look at the human genome for instance, it comprises some 3 billion (10^9) base pairs, coding for 1 billion amino acids. In the human genome some 33 000 genes have been distinguished, meaning that the average gene is about 30 000 characters in size. 

If we look at the size of a patent, it is about 6000 words on average. Since each word counts 5 characters on average, a patent is about 30 000 characters in size. 

This means, that an average gene equals an average patent in information size.

Is that a coincidence? probably not! A gene is a condensed way of providing sufficient information to code for a feature in nature, whereas a patent is a condensed way of providing information for a feature in technology. Both in a gene and in a patent there is a sort of optimum, between on the one hand sufficiency of disclosure to work the invention (to work the gene) and on the other hand the over-expense of resources and effort. Apparently this optimum lies both in our genes and in our patents at a similar size of information load. How cool is that!

Furthermore, If we look for instance at the total human genome, about 3% is coding, in other words 97% of our DNA can be considered "junk". If we look at the portion of all patents being filed, that is commercially successful, this is also about 3%. So in patents as well 97% can be considered "junk". 

Finally, if we consider those genes or patents that belong to this so called successful 3%, there is a typical growth curve that is again very much alike.  

So patents are very similar to nature! 

References to sources of information will follow soon!

Patent tip:The next innovation to die

Innovations come and go. More adequately innovations come by foot and leave by horse, much like trust. An illustrative example is the development of wind powered mechanics in the Netherlands. From the dutch website molendatabase.nl, I've distilled the number of active windmills throughout eight centuries. Eight centuries! Here is what has happened:

Windmill technology was virtually wiped out first by steam engines, later on by internal combustion engines and electrically driven engines. An entire technology, which evolved and developed in seven centuries has -within one century- become entirely obsolete*.

Steam engines themselves underwent the same fate, as the following image illustrates:

So who is next?

Well, if we see the rapid change in electrical energy generation, as is illustrated by a pair of simple S-curve fits on historic data of the global electrical energy consumption (blue) and the globally installed solar PV peak power (orange):

It is no surprise that traditional electricity generation is facing the same fate windmills and steam engines have experienced. Only this time it will be faster and more severe! Within the coming nine years, most electricity power stations as we know them will be either demolished, or kept as a museum for educational and nostalgic values. If you are aiming to invest, shorting traditional electrical power is likely to be one of the best investment options ever.

This is a transformation of virtually biblical proportions, yet, no-one seems to grasp.

I can only say: enjoy the show, it is happening RIGHT NOW!





Note:

The number of windmills in the Netherlands is rising again. Next to about 1000 traditional windmills, about 700 wind generators are currently installed. I will address a blog to this alternative clean power generation technology.


Sources:

www.molendatabase.nl

http://octrooifabriek.blogspot.nl/2013/01/betting-on-solar-power.html

Historical USA Sensus data