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New Patent Laws… Now What?. By Denise Chochrek Frito Lay SLA June 10, 2013. Convenient foods leader $13 billion annual sales Division of PepsiCo 48,000+ employees Strong presence across U.S. & Canada Headquarters - Plano, TX 70+ year history. Frito Lay North America.

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New Patent Laws… Now What?

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New patent laws now what

New Patent Laws…

Now What?

By

Denise Chochrek

Frito Lay

SLA

June 10, 2013


New patent laws now what

Convenient foods leader

$13 billion annual sales

Division of PepsiCo

48,000+ employees

Strong presence across U.S. & Canada

Headquarters - Plano, TX

70+ year history

Frito Lay North America


New patent laws now what

Broad Product Portfolio


New patent laws now what

The Old Agenda

  • First to market was important

  • Patents are expensive

  • Inventions not making money could wait for patents until marketable

  • Documentation sufficient for any future battles


New patent laws now what

Effects of Old Agenda


New patent laws now what

First-to-File

  • BEFORE – First-to-Invent

  • If you could prove that you came up with the idea first and you have the documentation, even if you don’t file first, the patent is yours

  • NOW – First-to-File

  • First person to file gets the patent, regardless if someone else came up with the idea before the filer

  • This change puts pressure on individuals and companies to file quickly


New patent laws now what

Positives

  • Less litigation due to removing First-to-Invent

  • USA now on the same system (first-to-file) as the rest of the world

  • Funding from additional surcharges allow Patent Office to hire more people

  • Patent review process streamlined  12 months vs. 3 years

  • Increase in fees may mean less frivolous patent will be filed


New patent laws now what

Negatives

  • Small companies and individuals may not be able to afford the increase in fees

  • Less time for the individual filer to get financial support

  • More filers will be rushing to put a patent in the system without perfecting the invention

  • Concern that large companies with more funds will file more patents, making it hard to compete


New patent laws now what

Race to the patent office

By making it a race, the dynamics have changed


New patent laws now what

Knowledge Management

  • Decline in documentation for historical purposes

  • Larger focus on innovation

  • Opportunities for more collaboration


New patent laws now what

Research Changes


New patent laws now what

For further information, please contact

Denise Chochrek

[email protected]


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