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Storyline Patents are the newest field in patent law. Movies,
novels, television shows, and commercials – all of these may
contain patentable fictional plots. However, the Federal Circuit
has not yet ruled on the patentability of fictional storylines.
So why
invest in Storyline Patent protection now?
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Binding case law strongly suggests
that methods of performing and displaying fictional plots are
patentable subject matter under 35 U.S.C. §101.
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Scholars have for years suggested
the patentability of art and entertainment.
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Several test storyline patent
applications are now pending at the U.S. Patent and Trademark
Office. The wheels are decisively in motion and the issue will
be settled – soon.
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Copyright law protects only
expressions of storylines, not the storylines themselves.
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Every year thousands of potentially
patentable plots enter the public domain entirely unprotected.
Consider the unique plots of Memento, The Thirteenth Floor,
Being John Malkovich, Butterfly Effect, The Game, Fight Club,
The Matrix, Total Recall, The Truman Show, Minority Report, The
Village, Groundhog Day, and Eternal Sunshine of the
Spotless Mind, to name a few.
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The breadth of Storyline Patent
protection available, before the Federal Circuit approves
Storyline Patents and the floodgates to the Patent Office open,
is far greater than after. Beat your competitors to the Patent
Office and be among the first applicants to enjoy examination
over limited prior art. Get broad protection that
covers your competitor’s future releases.
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Conversely, the breadth of
Storyline Patent protection available, after the mad rush
to the Patent Office begins, will be narrow. You may soon find
yourself infringing your competitor’s Storyline Patents.
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Finally, the expected value of a
Storyline Patent application submitted today, estimated at
between approximately $5,600 and $67,200, likely exceeds its
cost by a substantial margin. (See below.)
The
Expected Value of a Storyline Patent Application
W
Q. What is the expected value of a Storyline
Patent application submitted today?
A. The expected value of a Storyline Patent application
submitted today can be estimated by the following:
VSPA = VSP
x Pissue
where VSPA is the expected value of a Storyline
Patent application, VSP is the average value of an
issued Storyline Patent, and Pissue is the average
probability of issue. Next,
VSP = VP x
Fbreadth(t)
where VP is the average value of an issued patent of
average breadth and Fbreadth(t) is a factor (>1) that
reflects the increased breadth of an issued Storyline Patent due
to earliness in time (t) of application submission and
examination over limited prior art. The very first Storyline
Patent applicants will enjoy the highest Fbreadth(t).
For the first Storyline Patent applicants, it will be assumed
that 2 < Fbreadth(t) < 4. Further, according to an
analysis of average patent value based on the distribution of
maintenance fee payments, one estimate of average patent value VP
is between $28,700 and $41,700.
Next,
Pissue = Pcurrent
x PFCA
where Pcurrent is the current average patent issue
probability and PFCA is the probability of Federal
Circuit approval of Storyline Patents. Pcurrent is
approximately 50%.
It will be assumed that 20% < Pcurrent < 80%.
Therefore, the expected value of a Storyline Patent application
submitted today can be estimated at:
$5,600 < VSPA <
$67,200
(most conservative) (least
conservative)
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