Designs for patents

In the America Invents Act, Congress shifted challenges to the validity of patents from the Federal courts to the Patent Trial and Appeal Board (PTAB), an arm of the U.S. Patent and Trademark Office.  The PTAB applies different rules and standards than the Federal courts, rules and standards that favor the patent infringer and not […]


Last year our own Dr. Copyright wrote: “Today’s copyright system is broken in some important ways. Because it has poorly defined fair use standards and exclusive rights last so long (thanks to Sonny Bono and the Mickey Mouse Copyright Term Extension Act – 95+ years), a great deal of what we used to think of […]

Designs for patents

Fifteen years ago, China did not have much of a patent program.  After all, with a centrally controlled economy and no private property, what good was a patent? Much of that has changed, at least the private property part. The Chinese government identified homegrown innovation and improving the ‘made in China’ brand as crucial to […]

Understandably, the solo inventor wants to focus on her invention.  Does it work as designed?  Who shall I hire to create a prototype? Where shall it be manufactured?  How and when shall it be protected by patent? Can I afford it? These are important concerns but they should not be the only ones. Assuming that […]


Marijuana has become big business. We never thought it would happen but now  29 U.S. states and the District of Columbia have legalized medical marijuana and eight states have legalized pot for recreational use. But alas, federal law, still classifies cannabis as a Schedule I controlled substance under the Controlled Substances Act meaning that cannabis […]