Patent

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The America Invents Act at section 102 changes the way that inventors and companies that own inventions do business. In one of the most important developments for inventors and invention owners, ALL U.S. PATENT RIGHTS IMMEDIATELY TERMINATE if any of the following events occurs on or after March 17, 2013, unless the inventor has filed […]

Copyright concepts

As of September 26, 2011, you can now pay for quick review of your patent application.  The PTO will commit to reviewing your patent application within one year.  Great, you say.  What’s the hitch?  The answer: it’s expensive, as in $4,800.00 for a large entity and $2,800 for a small entity, on top of all […]

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The United States’ patent system is broken.  It should be fixed.  Doing so will improve America’s competitive position in the world.  Bad patents should not be granted.  Patents should be examined more quickly.  Inventors should be encouraged to invent new technologies and get them to market. It would be difficult to find anyone to disagree […]

Copyright concepts

On August 16, 2011, the Federal Circuit Court of Appeals in CyberSource v Retail Decisions concluded that a claim to a method for detecting Internet fraud was not patentable.  The court also concluded that a claim to computer memory storing software to implement the method also was not patentable.  The Federal Circuit treated the claim […]

Copyright

Every employer that engages in research and development work should obtain a present assignment of patent rights in future inventions from every employee.  The U.S. Supreme Court underscored this fact in the recent case of Standford v Roche. Stanford University’s research employee worked on a project to detect HIV infection.  In the employment agreement, the […]

C in the circle is for copyrights

James Joyce (no, not the author) learned the hard way that selecting your form of business and assigning ownership are crucial steps in promoting an invention.  Mr. Joyce invented a new computer firewall and granted an exclusive license in the patent to TechGuard Security LLC, which was owned by Mr. Joyce and his wife.  Mr. […]

Internet and Intellectual Property

Patent examiners necessarily have a limited time to spend on each patent application and may miss the point of an invention or of the prior art.  An interview between the applicant and the examiner, either by phone or in person, can be a useful way to educate the examiner.  Under the current system, the only […]