All posts by: Robert Yarbrough

About Robert Yarbrough

PTO’s ‘After Final Consideration’ Pilot Program

November 27, 2013 Patent

By filing a patent application and paying the filing fee, you are entitled to two reviews by the patent examiner.  The examiner has a very short and strict time limit to review your application.  If the examiner does not meet that time limit, then he or she may not meet productivity goals and may be […]

Abusive Patent Enforcement – The States Step Up

September 30, 2013 Patent

In general, only the Federal government and Federal courts have jurisdiction over patent matters.   However, the Federal government does not have effective tools for protecting individuals and small businesses from abusive and unjustified bullying by patent owners.   A small business often cannot afford to defend against a threat of patent litigation and agrees to pay […]

Beware of the On-Sale Bar

August 30, 2013 Patent

If you are a regular reader of this newsletter, then you know that a sale or offer for sale of your invention will terminate your patent rights unless you first file a patent application.   Did you know that the on-sale bar also applies to commercial sales of the invention to you, as from a contract […]

So You Think Your Trade Secrets Are Protected…

July 31, 2013 Lipton Weinberger & Husick Blog

It’s time for a story.  We’ll start with the moral – read your non-disclosure agreements and comply with ALL of the requirements of the agreement to keep your information secret.  Back to the story: In license negotiations for an invention,  Convolve and another party signed a non-disclosure agreement.   Like many non-disclosure agreements, the agreement required […]

Patentable Subject Matter, the Sequel

June 29, 2013 Patent

In the issue that will not die, the Supreme Court again considered what can or cannot be patented.  This time the question was whether human genes can be the subject of a patent. The U.S. Constitution at Article One, Section 8 gives Congress the power “to promote science and the useful arts, by securing for […]

The Fable of the Supreme Court and the Beanstalk

May 30, 2013 Patent

Once upon a time, a farmer purchased a magic bean.  The farmer planted his magic bean, as farmers do.  The magic bean grew into a magic beanstalk and made more magic beans.  The farmer harvested the magic beans, as farmers do, and saved the new magic beans for the next year.   For eight years, the […]

To Be, or Not To Be..

May 30, 2013 Patent

Pardon the quote of the Bard, but there is one area of patent law that, indeed, ponders “that is the question.” Bear with us for a moment while we try to set the stage. To qualify for a patent, the patent law statute passed by Congress states that an invention must meet three criteria: it […]

To Disclose or Not to Disclose … That is the Question

April 30, 2013 Patent

You have conceived of a wonderful new invention and you want tell everyone, but you are not ready for the expense of a patent application.  Should you open your mouth? Every inventor feels the tension between the need to maintain secrecy and the need to  disclose the invention.  If you are a regular reader of […]

The Statutory Invention Registration (SIR) is No More

April 30, 2013 Patent

As of March 16, 2013 the PTO stopped accepting or reviewing applications for SIRs.  Before March 16, the SIR was a technique to notify the world of an invention that the invention owner did not wish to patent.  The effect of the SIR was to dedicate the invention to the public so that anyone could […]

The Rush to Meet the March 16th Patent Deadline

March 28, 2013 Patent

According to a chart released by the U.S. PTO, about 26,500 provisional and non-provisional patent applications were filed on March 15, up from the about 2,500 applications that are filed on a typical day.  The reason: inventors and their patent lawyers (including us) were racing to beat the March 16 deadline. As we have said […]

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