Whether an invention is the sort that can be patented is determined by §101 of the patent statute. That section states: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of […]
Patent
An Obvious Solution to a Non-Obvious Problem
June 29, 2012
Patent
Inventors and patent attorneys know that creating any invention has two parts: (a) identifying a problem; and (b), solving that problem. To protect the invention by patent, the invention must be ‘non-obvious.’ That is, if two or more prior art patents or other references when taken together teach all of the elements of a patent […]
‘Justice Delayed is Justice Denied’*
February 29, 2012
Patent
Unless the courts quickly resolve disputes, there is no justice. As former Chief Justice Warren E. Burger said: “A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to […]
Stopping a Patent
January 31, 2012
Patent
Consider the following situation: you learn that your competitor has a pending U.S. patent application for a product that you make. Any resulting patent could be disastrous for your company. What can you do to stop or limit your competitor’s application? The PTO has proposed a new rule that would allow you to notify your […]
Walmart Sponsors New Product Competition
January 31, 2012
Patent
Walmart currently is sponsoring a ‘get on the shelf‘ competition to identify new products for sale through Walmart.com and its brick-and-mortar stores. The contest rules require that applicants submit an entry form and a link to a YouTube video of the product. After the entries are vetted by Walmart, links to the YouTube videos will be placed on the ‘get on […]
Quick Patent Application Review for Green Technologies
December 31, 2011
Patent
Most inventors wait two to three years for a decision on a utility patent application by the PTO, and some wait much longer. Applicants with ample resources can pay an extra PTO fee ($2,400.00 for a small entity) for quick review. If your invention will result in a cleaner environment or reduced use of fossil […]
‘Best Mode’ Under the America Invents Act
November 30, 2011
Patent
‘Best mode’ is the requirement that a patent applicant disclose the best way that the applicant knows to practice an invention. The purpose of the ‘best mode’ requirement is to fulfill the public disclosure goals of the patent system by preventing a patent applicant from obtaining a patent while at the same time keeping the […]
America Invents Act, Part 2: ‘Prior Art’
October 31, 2011
Patent
This is the second of our newsletters to discuss the ‘America Invents Act,’ which was signed into law on September 16, 2011. The Act moves the US patent system away from ‘first to invent’ and to ‘first to file.’ So what does ‘first to file’ mean for an inventor or invention-owning business? The most important […]
Patent Reform Signed into Law
September 30, 2011
Patent
On September 16, 2011 President Obama signed the ‘America Invents Act‘ into law. More than five years in the making, the Act will have profound consequences for inventors, for companies whose employees create inventions and for persons accused of patent infringement. Over the next several newsletters, we will bring you up to speed and explain […]
America Invents Top 10 List
September 30, 2011
Patent
What should you know about the Patent Reform Act? 1. Rights to a patent will be determined by who filed first, not who first conceived the invention. To preserve patent rights inventors should consider filing one or more provisional patent applications very early. 2. Marking products with an expired patent is no […]