Imagine this situation: You are one of a group of three Inventors. You are all smart, impressive people. One of you holds a PhD in chemical engineering and has a long career in industry Another of you is a computer scientist. A third runs her own AI development company. You all share a surname. The […]
All posts by: Robert Yarbrough
If there was ever any doubt…
May 14, 2026
Patent
U.S. Constitution Article III set up the Federal court system of judges of the U.S. district courts, the U.S. Courts of Appeals, and Justices of the U.S. Supreme Court. The Federal courts generally address questions where Federal laws or the Federal Constitution are involved or disputes between residents of different states. The Federal judges and Justices […]
Oliver Evans, Early Inventor
March 17, 2026
Patent
The year was 1809. Oliver Evans, Philadelphia inventor, author, and entrepreneur, was having a very bad day. He was in the middle of yet another lawsuit against yet another person who copied Evan’s automated (and patented) flour mill. A justice of the U.S. Supreme Court, clearly hostile to inventors, announced in court that a patent right […]
Where to Sue for Patent Infringement
February 27, 2026
Litigation, Patent
So your patent is being infringed. What can you do about it? Sue the bastards, of course. But where? U.S. Federal courts have jurisdiction over patent infringement, so the lawsuit must be filed in Federal, as opposed to state, court. But which one? There are Federal courts in each U.S. state and each U.S. […]
Idaho Successfully Limits Patent Rights, for Now
January 29, 2026
Patent
Last month we told you about an Idaho statutethat directly limits the ability of a U.S. patent owner to access Federal court to enforce a U.S. patent. Applying the Idaho state law, a Federal judge sitting in Idaho required the patent owner to post an $8 million bond to pursue a patent infringement lawsuit. The problem […]
Can a state prevent enforcement of a U.S. patent?
December 2, 2025
Patent
The short answer is – we’re about to find out. An inventor’s patent rights are based on the U.S. Constitution: “Congress shall have power… 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 has exercised this power by […]
Beach Umbrella Patents
September 18, 2025
Patent
Your faithful correspondent finds the beach superior in concept to execution. The concept is a sun-drenched paradise, with clear waves gently lapping on the white sand and whales cavorting in the distance. The reality is sun burn, dehydration, sand too hot to walk on and saltwater mosquitoes that drain a pint at a time. In […]
Is There Hope for Patents?
August 14, 2025
Patent
Let’s say you’re the leader of a very big company. You know with the serene confidence of entitlement that you and your company are very, very important – much more important than the little, insignificant, unimportant people out there – the ones who own patents.1 You’re annoyed that the unimportant people, the ones who own patents, get […]
The USPTO is Hiring Patent Examiners
July 10, 2025
Patent
Did you feel it? Something just shifted in the cosmos. Perhaps Jupiter aligned with Mars, and it’s the dawning of the Age of Aquarius. Umm, no. But something has changed. The Administration has recognized that some Federal employees are important: namely, patent examiners. After six months of relentless pressure on patent examiners to quit or retire, the USPTO […]
When you file your patent application with the U.S. Patent and Trademark Office, your application (eventually) is reviewed by a patent examiner. Among other things, the patent examiner will compare your invention to the ‘prior art’ to determine whether your invention is new and is different enough to qualify for patenting. But what is […]