Patent

17Mar 2026

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 […]

27Feb 2026

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. […]

29Jan 2026

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 […]

02Dec 2025

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 […]

18Sep 2025

Beach Umbrella Patents

September 18, 2025 Patent
beach umbrellas

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 […]

14Aug 2025

Is There Hope for Patents?

August 14, 2025 Patent
Patent Eligibility Restoration Act

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 […]

10Jul 2025

The USPTO is Hiring Patent Examiners

July 10, 2025 Patent
patent examiners

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 […]

12Jun 2025

Yes, Disclosing Prior Art to the Patent Examiner IS Important

June 12, 2025 Patent
inter partes review

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 […]

17Apr 2025

Ask Dr. Copyright© About Patent Trolls

April 17, 2025 Ask Dr. Copyright, Patent
patent trolls

Dear Doc: I hear that courts are once again trying to crack down on “patent trolls.” What is a patent troll, and why should courts try to squash them? Signed,Under a Bridge Dear UB: Patents are called “intellectual property” in much the same way as land is called “real property” and your car is “personal […]

03Apr 2025

Experimental Use in Patent Law

April 3, 2025 Patent
Experimental Use in Patent Law

Query: I saw a cool new patented invention, and I want to make a copy to conduct experiments and perform research.  I won’t sell the copy.  Will I be liable for patent infringement? Answer: Almost certainly, but maybe not. What is ‘Experimental Use’ in Patent Law? In certain limited circumstances, making and using a patented invention for […]

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