Take a quick look in your pocket. There’s a good chance you have a mobile phone in there. If not, then it’s probably on your desk or somewhere nearby. Recently, at the World Mobile Congress, the International Telecommunication Union announced that the number of worldwide cellphone subscriptions will hit 5 billion before the end of this year.

This number is staggering. The entire global population is now only sightly bigger than the number of cellphone users. The widespread usage of mobile phones opens up a huge opportunity for your business to go mobile.

Do I need a mobile site?

The increasing number of phones is leading to an explosion in usage of the mobile web. Americans are spending almost 3 hours per day on the web using their mobile devices.  The phones themselves are getting more sophisticated.  And as they do, this number will only increase.

If you analyze the browsers and operating systems your visitors are using, you will probably notice smart phones like the iPhone, Android and Blackberry along with Windows and Mac operating systems. All of these users are using a mobile browser to browse your site. But since they all render Web pages a bit differently, your site may not look so great. Optimizing your website for these mobile users can give you a leg up on the competition.

What makes a mobile website useful?

Streamlined content – Users don’t want to wait for a site to load, especially on their phones, so the use of imagery should be minimal. They also don’t want to have to search for what they need, so keep your content focused on your visitors’ needs. Put only the most-used and useful features (think address, locations, or frequently updated content) on your mobile Web site and allow users to find the rest of your content when they have more time to devote at their computers.

Localized content – Do you have different brick and mortar locations or products that are only available in certain areas? Make your site location-aware so that users only get the information they need based on their location. This reduces the amount of navigation needed on your site and the amount of time your visitors spend finding what they need.

Reaching a new audience – Having a mobile site gives your business another distribution channel. Your audience now has another way to interact with your content.  The mobile Web gives you the opportunity to target customers that may otherwise be unaware of your business.

Our lives are becoming more mobile and as they do, having a mobile presence will become even more important. Before long, many of your customers’ initial experience with the Internet will be on a mobile phone. You can make a great first impression by having a mobile site.

In an economy where ideas are proprietary and litigation is widespread, protecting your innovation through patent law is now more critical than ever. This document provides a brief summary of patent law and the steps involved in obtaining patent protection for an invention. Since patent law is a complicated field, this overview cannot include all the details or nuances of the practice, and it is highly recommended that a registered patent attorney or agent be consulted with specific questions on seeking patent protection.

What Is a Patent?

A patent is a government grant of exclusive legal rights to control an invention, granting an inventor the right to exclude others from making, using, or selling his/her claimed invention in the United States for the term of the patent.

Why Can Obtaining Patents Be Valuable?

It is estimated that 80% of corporate assets in the U.S. are intangible, which includes intellectual property such as patents.

• Patents can prevent competitors from copying a patented invention.

• A patent portfolio can increase the value of a company.

• Patent rights can be sold or licensed to others

What Can Be Protected by Patents?

Three types of patents can be issued by the U.S. Patent and Trademark Office (PTO): utility, design, and plant patents. Utility patents are used to protect most inventions.

What Are the Standards for Patentability?

A patentable invention must be both “new” and “nonobvious.” An invention is “new” if there is nothing known to be exactly the same as the invention. Under “obviousness,” one cannot make simple changes to a known article and obtain a patent.

An invention must be described in sufficient detail to meet the “enablement” test. Therefore, an “idea” alone is not patentable.

When Should One Apply for a Patent?

U.S. patent law specifies that the invention must not have been in the public eye for more than one year prior to filing a patent application. International patent laws, unlike those in the U.S., typically prohibit any public activity prior to filing a patent application. Therefore, it is highly recommended that inventors strictly limit exposing the invention in order to prevent the one-year time period from elapsing.

How Can One Determine Whether an Invention Is Patentable?

Keeping in mind the conditions for patentability outlined above, it is recommended that a patent search be conducted. A patent search can be commissioned and the results can then be analyzed to determine patentability of the invention

How Can (and Should) an Invention Be Protected Internationally?

Patents issued by the U.S. PTO confer rights only in the U.S.. Protection in other countries must be sought in their respective patent offices. There is no such thing as an “international patent.”

In order to reduce the initial costs associated with international patent prosecution, a patent application can be filed using the Patent Cooperation Treaty (PCT) system, including over 130. The PCT system must be entered no later than one year from the earliest priority date.

By the 30-month date, the applicant must file the PCT application in any individual countries in which patent protection is desired.

In general, international patent protection is extremely expensive. The PCT option does delay the very large costs for an extra 18 months, but, in either case, entering the individual countries’ patent offices is likely to cost many thousands of dollars, followed by annual maintenance payments and foreign associates’ fees.

What Happens after the Patent Application Is Filed?

Once the application is filed, the PTO assigns a patent examiner knowledgeable in the field of the invention.

The examiner prepares a report that includes the examiner’s reasoning for rejecting or allowing the claims of the application. A written dialogue with the examiner then ensues, with responses and additional examination reports issued. If successful, the inventor is issued a patent.

If the application is allowed, an issue fee must be paid. The patent is then in force for a term of typically 20 years from the filing date, adjustable upwards for undue Patent Office delays. So long as the patent is in force, the inventor/owner may assert the granted patent rights against anyone who attempts to copy the invention.

What Happens After a Patent Issues?

Patent Maintenance. During the term of the patent, three maintenance fees must be paid to keep the patent in force, at 3.5, 7.5, and 11.5 years from the issue date. If these fees are not paid, the patent enters the public domain.

Infringement of a Patent. Patent rights are self-enforcing; that is, the PTO does not seek out infringers. If a patent owner becomes aware of infringing activity, a patent attorney should be consulted, who will perform an analysis of the allegedly infringing activity in light of the patent claims and advise on a course of action.

Conclusions

This overview of patent law is intended to answer some initial questions, and to emphasize that patent practice is a complicated endeavor for which professional assistance should be sought. Additional material on patents may be found on the PTO website (www.uspto.gov), along with a listing of registered practitioners by state.