Patent

29May 2015

New Patent Legislation Pending 2015

May 29, 2015 Patent
Designs for patents

“They’re baaack…”* *Heather Michele O’Rourke, ‘Poltergeist II,’ 1986 Congress, that is.  Several patent bills are pending, most of which will make it more risky and expensive to enforce a patent or defend against a patent infringement action in court.  These bills represent the second half of the America Invents Act, which changed the patent landscape […]

30Apr 2015

Want to sell your patent?

April 30, 2015 Patent
Designs for patents

Google is running what it calls a ‘patent purchase promotion.’  From May 8 through May 22, 2015, you can offer to sell your issued U.S. patent to Google.  You must provide the patent number, contact information and a take-it-or-leave-it price along with the submission contract.  Google will let you know if it is interested by […]

30Mar 2015

PTO Axes the SAWS Program

March 30, 2015 Patent
Designs for patents

The PTO intended that its secret Sensitive Application Warning System (‘SAWS’) program would avoid embarrassment to the agency by requiring additional layers of review for potentially controversial patent applications.  The program had exactly the opposite effect and the patent community harshly criticized the PTO for the secret and arbitrary nature of the program.  The PTO […]

30Mar 2015

The Bride of Patent Reform II Returns, Again

March 30, 2015 Patent
Congress

It’s Spring, so the thoughts of the lobbyists representing high-tech heavy weights turn to crippling the U.S. patent system.  Competing bills are already pending in Congress.  Why do the giant high-tech companies do it? The sound-bite reason given is to stop the depredations of patent ‘trolls;’ that is, entities that own patents but that do […]

27Feb 2015

Changes in U.S. Design Patent Law

February 27, 2015 Patent

  The U.S. Patent and Trademark Office issues both ‘utility’ and ‘design’ patents.  A ‘utility’ patent protects how something works (e.g., the better mousetrap).  A ‘design’ patent protects the appearance of the thing (e.g., a mousetrap bait that resembles cheese).  Design patent law in the U.S. is about to change.  The U.S. has taken the […]

27Feb 2015

PTO’s Secret SAWS Program

February 27, 2015 Patent
Designs for patents

The U.S. Patent and Trademark Office has a secret Sensitive Application Warning System (‘SAWS’) program for extra review of patent applications where action might embarrass the agency.  The problem is how the program functions and which applicants and applications are subject to SAWS are all secret.  We know only the broadest guidelines for the program […]

26Dec 2014

The Internet-Enabled Business Method Patent Just Clutched Its Chest And Fell Over Dead.

December 26, 2014 Patent
Designs for patents

The Internet-enabled business method patent just clutched its chest and fell over dead.The cause of its demise is theUltramercial v Hulu (Fed. Cir. 2014) case in the Court of Appeals for the Federal Circuit.  The Ultramercial patents address a typical Internet-enabled business method.  Under the patents, a consumer agrees to view an advertisement and then […]

30Oct 2014

Death Spiral of Software Patents

October 30, 2014 Patent
Designs for patents

In the not-so-slow death spiral of software patents in light of the Supreme Court’s recent decision in Alice v CLS Bank, another trial court has determined that a patent for software should not have been issued because the software addressed by the patent is not the kind of invention eligible for patenting.  In the case of […]

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