SAMPLE COMPANY Page 1 of 3 SOP # 04-7 Revision: 0 Prepared by: _ Effective Date: Approved by: _ Title: PATENTS Policy: All ideas, inventions or processes developed in the engineering department that are unique, valuable and deemed to be patentable will be properly documented and evaluated to ensure obtaining the protection of a legal patent. Purpose: To describe the documentation process of an original idea or invention. Scope: This procedure applies specifically to employees in the Engineering Department but may apply to any other employee who develops an original idea while performing their duties for the company. Definitions: Utility Patent - A patent for mechanical, electrical, or chemical inventions covering processes, machines, article of manufacture or compositions of matter, as well as improvements of the same. Design Patent - A patent that protects the aesthetic or ornamental external appearance of articles of manufacture. This is generally less valuable than a utility patent for protecting ideas and devices. Procedure: 1.0 Qualifying Ideas or Designs 1.1 In order to receive a patent, there are three principal requirements written in the patent statute that must be met. To qualify an invention must be new, useful and nonobvious. 1.2 First, an invention must be "new." New is the requirement of novelty; something different than what has been done before. If an invention has previously been patented or sold or a publication has appeared that shows the same thing, it is not patentable. PATENTS Page 2 of 3 1.3 Second, an invention must be "useful" meaning it must have some utility. For example, chemical companies sometimes discover a new chemical compound that has no readily apparent use. However, the company may try every imaginable use to find a utility for the compound in order to get a patent issued. Then later on, this patent could be of value to the company for some future, still different use of the compound. 1.4 Third, a critical issue in patent law, is the interpretation of what is meant by "nonobvious." A method for understanding the meaning of nonobvious as it applies to patents, is to mentally imagine a hypothetical person who existed at the time that the invention was made. This individual should have the ordinary skill and intelligence in the particular art. This imaginary person has been educated and applies the ordinary principles of the technical field or art in a routine manner, and could be expected to do ordinary work in this field. Once this hypothetical person is created, it is necessary to examine the closest prior art, such as other previous patents, all prior printed publications that can be found and the available data existing on whatever has been sold. Everything is then presented to the person for review and asked what is the difference between the proposed invention and what has previously existed. Then it is determined, would it have been obvious to this hypothetical person at the time when the invention took place to have made those differences. If it would have been obvious for the hypothetical person to make those changes, the patent would be denied. However, if the invention has differences that are above and beyond the exercise of ordinary skill, it is entitled to a patent. Inventive skills have indeed been exerted, not just normal, routine skills. 2.0 Documenting the Development of an Idea or Invention 2.1 Keep an accurate record of your idea or invention in a record type notebook that is bound so that pages cannot be inserted or removed without detection. A separate book should be used for each different invention. 2.2 Date the beginning of every daily entry and sign or initial every page. 2.3 Cross out changes or errors and initial them. Never erase. 2.4 When the notebook is complete, describing your invention in detail, have it notarized and witnessed by two parties who understand the basic concepts of the invention. PATENTS Page 3 of 3 2.5 Store all separate, related papers and drawings with the notebook. Have these notarized as well. 2.6 Prepare a preliminary write-up for a description of your invention, stating what it does, how it functions, why it is new, how it is better than similar inventions (or if it is unique) and any other pertinent facts and data. 2.7 Check as many sources as possible to convince yourself that your idea is indeed new and patentable. 3.0 Patent Application 3.1 At this stage, the company's patent attorney will review the invention disclosure. The attorney will work from your written description, drawings and verbal statements. 3.2 The attorney will then proceed with a patent search to see if there are any other existing inventions that have anticipated your invention or ideas. If favorable, the attorney will then proceed with the patent application process.