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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

USPTO Office

Any Federal employee and anyone in the private sector who does business with the Federal government is facing a period of uncertainty and forced career change.  With mass Federal layoffs and confirmation of Cabinet secretaries of non-existent or frankly troubling credentials, the intent appears to be that large portions of government will disappear and others will grind […]

Donald Trump USPTO

Long before COVID 19 and remote work, there was the USPTO ‘hoteling’ system. It started in 1997 with 18 employees, and expanded to 500 employees in 2005 and 2006, as the USPTO moved to its shiny new offices in Alexandria.  Over the years, the program has expanded to include pretty much any examiner with more than a year of […]