Do you have an idea for a great new patentable product and trademark? Of course you do – you’re reading this newsletter, after all. But do you know how to commercialize your product and trademark; that is, how to turn your ideas into money? Before you can make money with your ideas, you must learn […]
All posts by: Robert Yarbrough
Quick Patent Application Review for Green Technologies
December 31, 2011
Patent
Most inventors wait two to three years for a decision on a utility patent application by the PTO, and some wait much longer. Applicants with ample resources can pay an extra PTO fee ($2,400.00 for a small entity) for quick review. If your invention will result in a cleaner environment or reduced use of fossil […]
‘Best Mode’ Under the America Invents Act
November 30, 2011
Patent
‘Best mode’ is the requirement that a patent applicant disclose the best way that the applicant knows to practice an invention. The purpose of the ‘best mode’ requirement is to fulfill the public disclosure goals of the patent system by preventing a patent applicant from obtaining a patent while at the same time keeping the […]
America Invents Act, Part 2: ‘Prior Art’
October 31, 2011
Patent
This is the second of our newsletters to discuss the ‘America Invents Act,’ which was signed into law on September 16, 2011. The Act moves the US patent system away from ‘first to invent’ and to ‘first to file.’ So what does ‘first to file’ mean for an inventor or invention-owning business? The most important […]
Crucial Information for Inventors
September 30, 2011
Patent
The America Invents Act at section 102 changes the way that inventors and companies that own inventions do business. In one of the most important developments for inventors and invention owners, ALL U.S. PATENT RIGHTS IMMEDIATELY TERMINATE if any of the following events occurs on or after March 17, 2013, unless the inventor has filed […]
USPTO Re-Starts “Fast Track” for Patents
September 30, 2011
Patent
As of September 26, 2011, you can now pay for quick review of your patent application. The PTO will commit to reviewing your patent application within one year. Great, you say. What’s the hitch? The answer: it’s expensive, as in $4,800.00 for a large entity and $2,800 for a small entity, on top of all […]
When Is Computer Software An Unpatentable Mental Process?
August 26, 2011
Patent
On August 16, 2011, the Federal Circuit Court of Appeals in CyberSource v Retail Decisions concluded that a claim to a method for detecting Internet fraud was not patentable. The court also concluded that a claim to computer memory storing software to implement the method also was not patentable. The Federal Circuit treated the claim […]
Every employer that engages in research and development work should obtain a present assignment of patent rights in future inventions from every employee. The U.S. Supreme Court underscored this fact in the recent case of Standford v Roche. Stanford University’s research employee worked on a project to detect HIV infection. In the employment agreement, the […]
On Friday (June 24, 2011), the U.S. House of Representatives passed the ‘America Invents Act,’ a version of which already has passed the U.S. Senate. The Senate and House bills now will move to a conference committee to iron out the differences between the two versions. The ‘America Invents Act’ soon will become law and […]
If a patent applicant tricks the PTO into issuing a patent, then the courts will refuse to enforce the resulting fraudulent patent under the doctrine of ‘inequitable conduct.’ Sounds fair enough, right? Over several years, court decisions have tipped this principal until virtually any error relating to a patent application, no matter how minor or […]