All posts by: Robert Yarbrough

About Robert Yarbrough

We’ve all seen patent markings on products.  Something like “pat. US 6,568,969” printed, stamped or molded into the product.  Where the product itself can’t be marked, the patent marking can be printed on packaging or a label.  Here’s what the statute says, at 35 USC §287(a): Patentees… may give notice to the public that the [product] is […]

No, I’m not referring to a Cubist masterpiece. Consider the following:  After long, hard work, you’ve created a great design, say, the design above.  Eureka!  Your design would go great with anything.  You can see it on chairs, on baskets, on car seats, on bridges, on tattooed biceps everywhere.  Just think of the possibilities.    But everyone else will want to use […]

Mechanical inventions have been free of the uncertainty and chaos created by the Supreme Court in results-driven decisions surrounding the patentability of business methods, medical diagnoses and discoveries, and computer software.  That is, until now. The recent American Axle v Neapco decision of a three-judge panel of the Federal Circuit Court addressed a patent to a method for tuning a drive shaft to […]

Some patents are valuable and some are not. The claims of a patent determine whether the patent is valuable or not valuable.  If the claims are too ‘narrow;’ that is, if the claims protect too little, then the patent is not very valuable and your competitor can make minor changes to a copy of your product […]

Imagine the following: You were very sick.  It was touch and go for a while, but you’ve just awakened and feel much better.  You open your eyes and see… nothing. It’s absolutely, completely black, like the deepest cave.  ‘Am I blind?’ you ask yourself out loud, but the sounds of your own voice are all wrong. […]

In the not too distant past, a person or company unhappy about a patent had two choices:  (a) wait to be sued for patent infringement by the patent owner in Federal court and then challenge the validity of the patent, or (b) preemptively sue the patent owner in Federal Court and ask the court to […]

Many in the U.S. take advantage of low prices offered by Canadian ‘pharmacies’ by purchasing doctor-prescribed patented pharmaceuticals. The Canadian pharmacies are not pharmacies in the traditional sense.  That is, they do not maintain stocks of drugs nor fill prescriptions from their own inventories. Instead, the Canadian pharmacies are “ordering services” that ship pharmaceuticals to  U.S. […]

 The Navy just received a patent on flying saucer technology.  No, I don’t mean a circular wing that flies like every other aircraft.  I mean a craft that relies on laws of physics that neither Newton nor Einstein would recognize. The patent, by Navy inventor Dr. Salvatore Pais, describes what is literally anti-gravity technology, referred […]

In last May’s newsletter we told you about proposed changes to the patent statute to, hopefully, correct some of the damage that the Supreme Court has done to the U.S. patent system over the last decade.  Among other things, the Supreme Court has expanded the judge-made categories of inventions that cannot be patented to include […]

There are some great inventions that cannot be protected by patent.  Laws of nature, such as electromagnetism , cannot be patented.  Abstract ideas, such as mathematical formulae , cannot be patented.  Natural phenomena, such as a naturally occurring bacteria, cannot be patented.  These judge-made exceptions to ‘patentable subject matter’ do not appear in the statute.*   In recent years, the Supreme Court has issued decisions that […]