Overcoming on-sale bar to patentability: I would like to know if I can patent a feature of my software product which has been on the market for more than three years. I have made significant improvements/changes to the feature in the last few months. Do improvements have to be transformative to overcome the on-sale bar?
Sharon’s answer: It's possible that you may be able to patent "significant" improvements. As you seem to know, the on-sale bar would prevent you from patenting a product that has been sold for more than 3 years. However, if the improvements or changes amount to a patentable invention, then you may be able to get a U.S. patent on the improvement, provided that you apply for a patent prior to one-year from the date you began selling the improvement.
Can other cities require you to get an additional license to operate in their city even though you already have a license?: I have my business license in Vacaville. The city of Roseville is requiring that I get a license in their city even though if I'm to do any work there. Can they legally require that? I thought the business license I got in my home town was sufficient to allow me to operate in any territory inside the California border?
Sharon’s answer: A city (or a county) may require a business license from any company doing business in that city (or county). Thus, you generally must have a business license in the city from which you operate your business, and the city where you do business. Generally this means that if you travel to do business in another city, and actually do work in that other city, you must get a license for that city.
Should we put the cost of the patent or the market value of the patent on the books?: For a patent, it cost the CEO of our company $5000 to file the patent. He also said that two third parties are fighting it out in courts for the amount for a similar patent in the amount of $5M - so he would like to put $5M on our balance sheet the value of our patent under "intangible assets". I'm not inclined to put $5M. What amount should I put on the balance sheet and does this value decline over time?
Sharon’s answer: The CEO says the other patent is "similar". But apparently it's not so similar as in engender an infringement lawsuit. Your CEO is not in court fighting it out over your company's patent. Therefore that could also mean that your company's patent is not similar enough to warrant a $5M value. It's impossible to place value on patents or intellectual property without actually analyzing the IP and the relevant market.