A ‘design patent’ is a monopoly granted by the government to make, use and sell a product having a particular appearance. Design patents protect how a product looks, not what it does. A person who copies a product protected by a patent, including a product protected by a design patent, will be ordered to stop […]
Patent
When and Why are Inventions ‘Obvious’
March 14, 2024
Patent
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 […]
Patents of the New Year (the new year of 1836, that is)
February 1, 2024
Patent
The new year of 1836, that is. 1836 was big for the U.S. patent system. It’s the year that the USPTO switched to the current patent numbering system, the year the USPTO started actually examining patent applications, and the year the patent office burned down – in that order. A little background – the Federal […]
That Patent Looks Exhausted!
January 11, 2024
Patent
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 […]
USPTO Creates a New Design Patent Bar
December 7, 2023
Patent
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, […]
Ask Dr. Copyright © About Judge Newman
November 16, 2023
Patent
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 […]
USPTO’s ‘First-Time Filer Expedited Examination Pilot Program’
November 2, 2023
Patent
A sore point among inventors and invention owners is the time required for the U.S. Patent and Trademark Office (USPTO) to review a utility patent application. That time generally runs between eighteen months and two and a half years or more. The U.S. Patent and Trademark Office (USPTO) has created a new “first-time filer expedited examination […]
Trypanophobia
October 31, 2023
Patent
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. […]
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 […]
Why Not Fib to the Patent Examiner?
September 7, 2023
Patent
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 […]