Patent

01Nov 2018

  Here’s a familiar situation: the shuffling figure, arms outstretched moving slowly toward you, emitting indecipherable moans, munching on what could be human brains…  And the universal question: Is that a zombie or is it your teenage offspring?  The answer will determine whether you dispatch it in the most grisly way imaginable or feed it mac-and-cheese. […]

06Sep 2018
Designs for patents

Disappointed that your new Ferrari 488 Pista isn’t loud enough?  You’re not alone – we’ve all been there.  Fortunately, the boys and girls at Maranello have been busy and they’ve come up with new ways to make that great Ferrari sound. First, consider U.S. Patent Publication 2017/0350287  published December 7, 2017 and owned by Ferrari.   The […]

19Jul 2018
Designs for patents

Try rolling these out at the bar tonight.  You’ll be the life of the party!  Here goes: The USPTO issued its 10,000,000th patent on Tuesday June 19, 2018.  That’s 10 million patents.  The 10 millionth patent is owned by Raytheon and addresses LADAR range-finding technology, as used in self-driving cars. In 1997, the USPTO issued about 100,000 patents.  In 2007 […]

12Jul 2018
Designs for patents

Love ’em or hate ’em, we have the most enthusiastically activist Supreme Court in memory. The Supremes are taking on another patent case, this time relating to the on-sale patent bar.  In general, when the Supreme Court decides a patent case, the law is in worse shape than it was before. As a refresher for […]

14Jun 2018
Designs for patents

We previously described the evils of inter partes review, by which administrative panels within the USPTO kill issued patents with wild abandon.  Former Chief Judge Rader of the Federal Circuit Court of Appeals described inter partes review panels as ‘death squads killing property rights.’  A constitutional challenge to inter partes review was recently decided by the […]

12Apr 2018
Designs for patents

There are people who wish that the U.S. patent system would just go away.  Their allies successfully lobbied for and passed the ‘America Invents Act’ back in 2011 that resulted in the USPTO patent death squads, also known as the Patent Trial and Appeal Board (PTAB).  As we described last month, the PTAB kills patents with impunity […]

15Mar 2018
Designs for patents

In the America Invents Act, Congress shifted challenges to the validity of patents from the Federal courts to the Patent Trial and Appeal Board (PTAB), an arm of the U.S. Patent and Trademark Office.  The PTAB applies different rules and standards than the Federal courts, rules and standards that favor the patent infringer and not […]

15Feb 2018
Designs for patents

Fifteen years ago, China did not have much of a patent program.  After all, with a centrally controlled economy and no private property, what good was a patent? Much of that has changed, at least the private property part. The Chinese government identified homegrown innovation and improving the ‘made in China’ brand as crucial to […]

18Jan 2018
Congress

Many administrations regard the USPTO as a political backwater and the directorship as a holding pen for less-than-ideal candidates. Here’s the shocker: The Administration has appointed a qualified person to head the USPTO.  His name is Andrei Iancu and he is currently the managing partner of a Los Angeles law firm.  He’s a degreed engineer and registered […]