Patent

14Mar 2024

When and Why are Inventions ‘Obvious’

March 14, 2024 Patent
USPTO inventions

Maybe We’ll Actually Receive an Explanation from the USPTO The USPTO had a lot of patent examiners (8,568 to be exact) reviewing a lot of patent applications (462,000 new applications received last year).  Those examiners make thousands of determinations every day as to whether inventions are patentable or not.  Aside from forms, wording, fees, and whether […]

11Jan 2024

That Patent Looks Exhausted!

January 11, 2024 Patent
patent rights

Let’s say that you sell patented printer cartridges. Nefarious actors, both inside and outside the U.S., collect your used cartridges, refill your cartridges, and sell your cartridges, now refilled, to U.S. customers.  They’re thumbing their noses at your patents.  The nerve. The patent law should protect you, right?  After all, the law says that you […]

07Dec 2023

USPTO Creates a New Design Patent Bar

December 7, 2023 Patent
utility and design patents

A ‘utility’ patent is different from a ‘design’ patent.  A ‘utility’ patent is directed to how something works – for example, how a mousetrap catches mice.  A ‘design’ patent addresses the decorative appearance of something – for example, a mousetrap that looks like a piece of cheese. Utility and design patents differ in their scope, […]

16Nov 2023

Ask Dr. Copyright © About Judge Newman

November 16, 2023 Patent
Question on a Keyboard

Dear Doc: The United States Constitution provides, in Article III, that, “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.” How, then, is it legal for Judge […]

31Oct 2023

Trypanophobia

October 31, 2023 Patent
fear of needles

Through a fog, an indistinct, faceless man in a white lab coat approaches you with what appears to be a heavy wooden log. The faceless man struggles under the weight.  The log morphs into a giant… syringe.  The sharp, menacing point of the needle extends toward you, an evil liquid oozing from the tip.   […]

05Oct 2023

Government Shutdown! – What Happens to My Patent Application?

October 5, 2023 Intellectual Property, Patent
USPTO Government Shutdown

Oh, great.  Another government shutdown.  The last one lasted 35 days, ending January 25, 2019.  Before that, it was February 2018 and, before that, January 2018.  We’re about to have the government forcibly closed.  Planning on a trip to a national park?  Better reconsider.  Want to sell your product to the military? Fuhgeddaboudit. What about the […]

07Sep 2023

Why Not Fib to the Patent Examiner?

September 7, 2023 Patent
Duty of Candor

You and your patent attorney have a ‘duty of candor’ to the USPTO You’ve created a great invention.  You hire a patent attorney and file a patent application.  While your application is pending, you poke around in Google Patents and come across prior art that would preclude a valid patent for one of your claims.  Do […]

10Aug 2023

Sometimes a Bargain Isn’t

August 10, 2023 Patent
Float ’N’ Grill

So you came up with a great invention – let’s say a floating grill for cooking your burgers.  You know that unless your grill has patent protection it will be knocked off immediately. Clearly, you need a patent. You read up on the topic and learn that you can file a patent application yourself – you […]

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