Patent

16Nov 2017
pumpkin

It’s Halloween, which, of course, means that it’s time to preserve corpses. Consider Joseph Karwowski’s invention (U.S. patent 748,284 issued December 29, 1903*).  Joe was a Russian national (‘…a subject of the Czar of Russia’) living in New York state.  He was presumably impressed by the ability of waterglass (sodium silicate, or Na2SiO3) to preserve fresh […]

20Oct 2017
Designs for patents

Each year for the last five years the U.S. Chamber of Commerce has published a massive report on the state of global intellectual property protection.  The report is, frankly, staggering in its ambition.  It provides a report card for IP protection for forty-five countries around the world, including patents, trademarks, copyrights and trade secrets. The report gives us […]

15Sep 2017
Designs for patents

The answer is ‘yes.’ But why should we care? “Inter Partes Review” or “IPR” is a recent process by which a person infringing a patent can challenge the patent before a panel of USPTO employees.  The USPTO employees are members of the Patent Trial and Appeal Board (PTAB).  The person challenging the patent will present […]

18Aug 2017
Courtroom

If an infringer copies your patented invention, a judge should make them stop, right?   Not necessarily. An order from a judge directing someone to do or not do something (such as to stop infringing your patent) is called an ‘injunction.’  Not too long ago, if a federal judge found that someone was infringing your valid […]

14Jul 2017
Courtroom

The Eastern District of Texas is a large rural Federal judicial district.  The biggest city is about the size of Allentown, Pennsylvania.  Not what you would expect of a hotbed of patent litigation.  Nonetheless, the Eastern District of Texas has dominated patent infringement litigation for years.  In the first quarter of 2017, patent plaintiffs filed […]

02Jun 2017
Designs for patents

Before the America Invents Act (‘AIA’), an invention owner had a one-year ‘grace period’ to file a patent application after commercially selling an invention or using the invention in public.  If the patent owner failed to file a patent application within the grace period, the patent rights in the invention evaporated, leaving the owner with […]

19May 2017
Designs for patents

China conquered the low-cost, low-margin manufacturing sector of the world economy.  Now it’s after the high-cost, high-margin, creative side of the economy. How will it get there? Through patents, of course.  Thirty years ago, China had no patent system to speak of.  Now the Chinese patent law is in its fifth generation and the Chinese government is trying […]

07Apr 2017
gavel of justice

Now For a Riddle: When is a Defense not a Defense?… (Pause for effect)… Answer – When the Supreme Court says it’s not. Not so many years ago, patents were very powerful.  A patent owner was entitled to a court order stopping infringement almost as a matter of course whenever the patent owner proved infringement. […]

16Mar 2017
Question on a Keyboard

Dear Doc: The US Constitution directs, in Article I, Section 8, Clause 8, that Congress set up a patent and copyright system, “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Congress long ago did that by […]