Bob Goozner's Solar Review

December 28, 2007

Patents and Trade Secrets (continued)

When resorting to trade secrets there is always the danger of losing them, particularly through an employee revealing them.

An interesting example of this in the solar energy world recently happened with a disgruntled former employee of DayStar, which can be read here.

Another option to consider when mulling the patent versus trade secret option is to file a provisional patent application, which will give you a year to let the technology mature. I will be writing more about provisional patent applications shortly.

Robert E. Goozner - December 28, 2007

December 27, 2007

Publication Day

     The United States Patent and Trademark Office (USPTO) publishes patent applications once a week, on Thursday. Today the USPTO published 5549 publications.

    Of the 5549 publications today, 32 contained the word "photovoltaic". Click Here.

    Of the 5549 publications today, 113 contained the word "solar". Click Here.

    Of the 5549 publications issued today, 119 contained the term "nano" (as in "nanotechnology"). Click Here.

     Of the 5549 publications today, 965 contained the word "semiconductor". Click Here.

    My favorite publication for today is David E. Carlson et al. of BP Corporation North America, who developed back contact photovoltaic cells.
See: US Publication 20070295399 .

    United States patent applications are to be published 18 months after the application is filed, though there is quite a bit of variance in the publication time. Monitoring the publications helps keep a better handle on the status of current research as opposed to patents, which usually take from 3 to 5 years to be granted.

Robert E. Goozner - December 27, 2007

December 26, 2007

Patent Day

     The United States Patent and Trademark Office (USPTO) issues patents once a week, on Tuesday, even if its Christmas day (Bah! Humbug!). On Tuesday, the USPTO issued 3,596 patents.

    Of the 3,596 patents issued today, 8 contained the word "photovoltaic". Click Here.

    Of the 3,596 patents issued, 52 contained the word "solar". Click Here.

    Of the 3,596 patents issued, 61 contained the term "nano" (as in "nanotechnology"). Click Here.

     Of the 3,596 patents issued, 585 contained the word "semiconductor". Click Here.

    My favorite patent for today is Paul A. Alvisatos et al. of the University of California, who developed shaped nanocrystals for incorporating into photvoltaic devices.
See: USP 7,311,744 .

Robert E. Goozner - December 26, 2007

December 21, 2007

SOLAR POWER: CALIFORNIA'S LATEST GOLD RUSH

Declan Butler has published an article in NATURE about the investment boom in solar energy. The article notes that California has gotten $726.2 million of this year's U.S. clean tech funding followed by Massachusetts ($292.6 million) and Texas ($149.4 million).

Although Butler fears an investment bubble, alternative energy is very viable in light of $100 per barrel oil.

You'll have to subscribe or pay, but the article can be obtained here.

Robert E. Goozner - December 21, 2007

December 20, 2007

Publication Day

     The United States Patent and Trademark Office (USPTO) publishes patent applications once a week, on Thursday. Today the USPTO published 5749 publications.

    Of the 5749 publications today, 27 contained the word "photovoltaic". Click Here.

    Of the 5749 publications today, 92 contained the word "solar". Click Here.

    Of the 5749 publications issued today, 118 contained the term "nano" (as in "nanotechnology"). Click Here.

     Of the 5749 publications today, 969 contained the word "semiconductor". Click Here.

    My favorite publication for today is Harry Atwater of the California Institute of Technology, who developed a photovoltaic device using quantum dots.
See: US Publication 20070289623 .

    United States patent applications are to be published 18 months after the application is filed, though there is quite a bit of variance in the publication time. Monitoring the publications helps keep a better handle on the status of current research as opposed to patents, which usually take from 3 to 5 years to be granted.

OTHER NEWS

    The energy bill has been passed by the Senate, including the $13 billion in tax breaks for the oil companies.

    In an effort to promote the use and production of in Israel, National Infrastructures Minister Binyamin Ben-Eliezer said Wednesday he intends to introduce a support tariff for local producers of photovoltaic energy, as reported in the Jerusalem Post.

    Nanosolar has started to sell solar cells, as is noted on my Home Page.

Robert E. Goozner - December 20, 2007

December 18, 2007

Patent Day

     The United States Patent and Trademark Office (USPTO) issues patents once a week, on Tuesday. Today the USPTO issued 2,523 patents.

    Of the 2,523 patents issued today, 11 contained the word "photovoltaic". Click Here.

    Of the 2,523 patents issued today, 34 contained the word "solar". Click Here.

    Of the 2,523 patents issued today, 62 contained the term "nano" (as in "nanotechnology"). Click Here.

     Of the 2,582 patents issued today, 381 contained the word "semiconductor". Click Here.

    My favorite patent for today is Loyd M. Robeson et al. of Air Products, who developed phtovoltaic devices formed from layers of photoactive organics dissolved in polymers.
See: USP 7,309,833 .

Robert E. Goozner - December 18, 2007

December 13, 2007

Publication Day

     The United States Patent and Trademark Office (USPTO) publishes patent applications once a week, on Thursday. Today the USPTO published 5,556 publications.

    Of the 5,556 publications today, 34 contained the word "photovoltaic". Click Here.

    Of the 5,556 publications today, 105 contained the word "solar". Click Here.

    Of the 5,556 publications issued today, 123 contained the term "nano" (as in "nanotechnology"). Click Here.

     Of the 5,556 publications today, 1070 contained the word "semiconductor". Click Here.

    My favorite publication for today is Bao Q. Tran of San Jose, Calilfornia, who developed nano-electronics based on genetically engeneering viruses.
See: US Publication 20070285843 .

    United States patent applications are to be published 18 months after the application is filed, though there is quite a bit of variance in the publication time. Monitoring the publications helps keep a better handle on the status of current research as opposed to patents, which usually take from 3 to 5 years to be granted.

Robert E. Goozner - December 13, 2007

December 12, 2007

ALTERNATIVE ENERGY IN THE THIRD WORLD

    The Wall Street Journal had an excellent article by Sarah Childress today about how a little bit of alternative energy in a third world country goes a long way in improving people's lives. See A Young Tinkerer Builds a Windmill, Electrifying a Nation.

    Robert E. Goozner - December 12, 2007

December 11, 2007

Patent Day

     The United States Patent and Trademark Office (USPTO) issues patents once a week, on Tuesday. Today the USPTO issued 3,523 patents.

    Of the 3,523 patents issued today, 14 contained the word "photovoltaic". Click Here.

    Of the 3,523 patents issued today, 48 contained the word "solar". Click Here.

    Of the 3,523 patents issued today, 64 contained the term "nano" (as in "nanotechnology"). Click Here.

     Of the 3,582 patents issued today, 588 contained the word "semiconductor". Click Here.

    My favorite patent for today is Brian Sager et al. of Nanosolar, who developed coated nanoparticles and quantum dots for solution-based fabrication of photovoltaic cells.
See: USP 7,306,823 .

Robert E. Goozner - December 11, 2007

December 7, 2007

Senate Blocks Passage of Energy Bill

    Today, the United States Senate blocked passage of an energy bill due to oppostion to a provision that rescinds more than $13 billion in tax breaks to the oil industry granted in 2004 and 2005.

    In comparison to the billions given to the oil industry, the amount alloted for solar energy was piffling. For example, the appropriations for a proposed photovoltaic demonstration program were set to be (1) $15,000,000 for fiscal year 2008; (2) $30,000,000 for fiscal year 2009; (3) $45,000,000 for fiscal year 2010; (4) $60,000,000 for fiscal year 2011; and (5) $70,000,000 for fiscal year 2012. The total earmarks for photovoltaics adds up to $220 million. The energy bill passed by the House (at least the first part) can be found here.

    If you do the math, the $220 million for photovoltaics represents a mere 1.7% of the $13 billion in tax breaks the Senate is demanding for the oil industry.

December 5, 2007
National Review Paves Eleven States With Solar Cells

    The all-knowing pundits at the National Review got all fired up by a report on population growth by David and Marcia Pimental, performed some type of calculation, and concluded that 11 states would have to be paved over with solar cells to meet just 50 percent of U.S. energy demand. Read it here.

    The National Review failed to report which particular states (Rhode Island? Texas?) would be paved with solar cells.

    The resistance to alternative energy by the National Review demonstrates their support of the status quo, which is to continue to funnel energy dollars to places like Saudi Arabia, Iran and Venezuela. Their snide naming of the column "Planet Gore" demonstrates a triumph of distain over reason.

Robert E. Goozner - December 5, 2007

December 4, 2007

Patent Day

     The United States Patent and Trademark Office (USPTO) issues patents once a week, on Tuesday. Today the USPTO issued 3,582 patents.

    Of the 3,582 patents issued today, 7 contained the word "photovoltaic". Click Here.

    Of the 3,582 patents issued today, 40 contained the word "solar". Click Here.

    Of the 3,582 patents issued today, 57 contained the term "nano" (as in "nanotechnology"). Click Here.

     Of the 3,582 patents issued today, 572 contained the word "semiconductor". Click Here.

    My favorite patent for today is Christoph Brabec et al. of Konarka, who developed an inexpensive organic solar cell and method of producing same. See: USP 7,304,361 .

Robert E. Goozner - December 4, 2007

November 28, 2007

GOOGLE^TM Announces Renewable Energy Initiative

On November 27, 2007, Google^TM announced a major push into alternative energy. Their press release states, in part:

Mountain View, Calif. (November 27, 2007) – Google (NASDAQ: GOOG) today announced a new strategic initiative to develop electricity from renewable energy sources that will be cheaper than electricity produced from coal. The newly created initiative, known as RE<C, will focus initially on advanced solar thermal power, wind power technologies, enhanced geothermal systems and other potential breakthrough technologies. RE<C is hiring engineers and energy experts to lead its research and development work, which will begin with a significant effort on solar thermal technology, and will also investigate enhanced geothermal systems and other areas. In 2008, Google expects to spend tens of millions on research and development and related investments in renewable energy. As part of its capital planning process, the company also anticipates investing hundreds of millions of dollars in breakthrough renewable energy projects which generate positive returns.

To read the whole thing Click Here.

Robert E. Goozner - November 28, 2007

November 27, 2007

Patent Day

     The United States Patent and Trademark Office (USPTO) issues patents once a week, on Tuesday. Today the USPTO issued 3,769 patents.

    Of the 3,770 patents issued today, 11 contained the word "photovoltaic". Click Here.

    Of the 3,770 patents issued today, 58 contained the word "solar". Click Here.

     My favorite patent for today is Charles M. Lieber et al. of Harvard University, who developed nanoscale wires with potential for use in photovoltaic devices. See: USP 7,301,199 . It is notable that this patent was filed on July 16, 2002, and it took over five years for it to be processed through the USPTO.

    Today is also the last day to get your solar energy proposals filed with the Department of Energy

Robert E. Goozner - November 27, 2007

November 20, 2007

Patent Day

     The United States Patent and Trademark Office (USPTO) issues patents once a week, on Tuesday. Today the USPTO issued 3,770 patents.

    Of the 3,770 patents issued today, 14 contained the word "photovoltaic". Click Here.

    Of the 3,770 patents issued today, 47 contained the word "solar". Click Here.

     My favorite patent for today is Ragu Bhattacharya et al. for a photovoltaic cell exhibiting an overall conversion efficiency of at least 9.0% prepared from a copper-indium-gallium-diselenide thin film : USP 7,297,868. It is notable that this patent was filed on July 25, 2003, and it took over four years for it to be processed through the USPTO.

Robert E. Goozner - November 20, 2007

November 19, 2007

SOLAR RESEARCH PROPOSALS DUE BY NOVEMBER 27, 2007

The United States Department of Energy's Small Business Innovation Research (SBIR) program is currently funding research granting $100,000 phase I grants in a number of topics, including solar energy. The solar energy topics include:

1.   Module and System Reliability and Performance Testing
2.   Chemical Processing Equipment for Cells and Wafers
3.   Material Solutions for Cells and Modules
4.   PV Integrated Products

    Other topics include nanotechnology, hybrid electric vehicles, geothermal, etc. For a complete lis of topics CLICK HERE.
    To see the solicitation and get information on how to apply for the grants CLICK HERE.
    Earlier in my career I successfully obtained over $1.5 million through the SBIR and similar programs. The 2008 solicitation closes November 27, 2007.
    Good luck writing your proposals.

November 16, 2007

Patent or Trade Secret? - Part 3

The best approach to protecting your intellectual property is to have a mixture of both patents and trade secrets. In this case, you still have your patent protection if all your trade secrets become compromised. On the other hand, if your patents expire or are declared invalid in litigation, you still have trade secret protection.

This approached is espoused by one of the main proponents of trade secrets, Professor Karl F. Jorda of Franklin Pierce Law center.

Professor Jorda has developed a system for evaluating a technology to determine if should be maintained as a trade secret or if a patent should be applied for, in his chapter in the Handbook of Best Practices. Professor Jorda evaluates a range of criteria to which points are assigned. In this system, a low score indicates patent and a high score indicates a trade secret. Although this is a chapter in a book more appropriate to biological science, I believe that Professor Jorda’s system can be directly applied to solar energy and semiconductor inventions.

Lastly, what happens if you are practicing a trade secret and someone patents it, which is a hazard of trade secrets? Will the patent holder be able to stop you from using your own (former) trade secret? Professor Jorda thinks not. See Karl. F. Jorda, Journal of the Patent Office Society, 61, 10, p. 593 (1979). (not available on the internet, but can be found in any good law library).

Robert E. Goozner - November 16, 2007

Patents and trade secrets each have pros and cons that should be evaluated when considering different options for protecting your technology.

The legal protection provided by patents is based in the United States Constitution and is codified in United States law in Title 35 of the United States Code in accordance with rules set forth in Title 37 of the Code of Federal Regulations. Reading these documents will give you a headache, but they provide a strong basis for patent protection.

On the other hand, trade secret protection arises from common law, and each state has its own trade secret statute. Trade secrets are generally governed by the Uniform Trade Secrets Act, which has been adopted by 45 states.

More pros and cons of patents and trade secrets are as follows:

A trade secret has the potential to be kept forever. A patent only lasts for 20 years from the date of filing the patent.

A trade secret can be “reverse engineered” by a competitor. A patent provides protection from reverse engineering. However, a patent can be “designed around.”

Precautions must be taken to keep a trade secret from being disclosed to the public. A patent is already disclosed to the public, and no secrecy precautions are necessary.

A patent is more expensive to obtain and maintain. More often than not, obtaining a patent will require attorney fees in the range of $15,000-$20,000 or greater.

A patent is easier to license. That is, many companies are afraid to look at trade secrets or “ideas” for fear that some of the technology might match some of the company’s current research. This is referred to as “poisoning the well.” To evaluate the trade secret the entity being offered the technology must build a “firewall” to protect their own R&D efforts. Also, there will also probably be some type of initial evaluation agreement before the trade secret is looked at.

On the other hand, there is no controversy over who owns a patent (or a patent application). If you have a patent, it is much easier to approach a potential licensee.

Triple damages are available for willful infringement of a patent, it is written into the statute. There is no statutory basis for triple damages for misappropriation of a trade secret.

These are some of the factors that should be considered when choosing between a patent and a trade secret. The evaluation can be performed using weighting factors, which will be discussed later.

Robert E. Goozner - November 9, 2007