Patent

06Jan 2022

And the Award for Patent Troll of the Year Goes to… Caltech?

January 6, 2022 Patent
Caltech

About a decade ago, there was a huge uproar over ‘patent trolls,’ also known as ‘non-practicing entities’ – companies that did not make products but that owned patents.  The business model of the patent troll was to sue or threaten infringers and to collect patent infringement damages.  The coordinated attack on the U.S. patent system […]

02Dec 2021

Covid and Patents

December 2, 2021 Patent
COVID Patent

Should the Covid vaccines be set free in the world, so that everyone can gain immunity?  Few would argue that’s a bad idea, since more variants may arise in under-vaccinated populations, those variants will undoubtedly spread to us, and those variants may be resistant to our vaccines. But what about the rights of the creative […]

11Nov 2021

Necessity is the Mother of… Too Late for That.

November 11, 2021 Patent
Halloween

First your headlamp failed and then your backup light and then the light on your phone.  It’s pitch black. Not just shadowy black, but absolutely, completely black – so black that the fish have no eyes.  You’re in a limestone cave, deep underground. You’ve been utterly lost for hours.  There are no paths, only the […]

14Oct 2021

If Artificial Intelligence is the Inventor, Who Gets the Patent?

October 14, 2021 Patent
artificial intelligence

Artificial intelligence (‘AI’) can be pretty smart – smart enough to create new, useful and non-obvious inventions. Take, for example, Dr. Stephen Thaler’s AI tool ‘Device for the Autonomous Bootstrapping of Unified Sentience’ (‘DABUS’).  DABUS created two inventions, a light beacon and a food container.  Dr. Thaler applied for patents for those inventions around the world, […]

02Sep 2021

When is a Design Obvious?

September 2, 2021 Patent
Mousetrap Patent

When most inventors think of a patent, they think of a better-mousetrap type patent, known as a utility patent.  A utility patent protects what an invention is and how it works.  U.S. Patent 269,766 for a mousetrap that plugs a mouse with  a bullet from  a  .44 is an example of a utility patent.  Our […]

12Aug 2021

I’m as Mad as Hell and I’m Not Gonna Take it Anymore!*

August 12, 2021 Patent
Axle Patent

‘It’ being the nonsensical state of U.S. patent eligibility, that is.   Over the last decade or so the U.S. Supreme Court has restricted the patentability of numerous inventions as ‘abstract’ or ‘laws of nature,’ including business techniques (Bilski v Kappos), medical inventions (Mayo v Prometheus), biotech inventions (Myriad Genetics), and computer software (Alice v […]

08Jul 2021

Patent Death Squads? Who Cares?

July 8, 2021 Patent
Patent Trial and Appeal Board

Patent and invention owners should care.  You should care. Barely a decade ago, Congress created the Patent Trial and Appeal Board (PTAB) and gave it the power of life and death over patents.  In the years since, the PTAB has done exactly what Congress intended – reduce the cost to challenge and kill patents and […]

24Jun 2021

Ask Dr. Copyright© About Patent Rights

June 24, 2021 Patent
Question on a Keyboard

Dear Doc: When some big company just outright steals an inventor’s patented invention and makes zillions of dollars off of it, why can’t the inventor stop them? What gives? Signed, Little Guy Dear LG: The Doc has found a very good answer to your question. The Doc may not agree with everything the author says […]

20May 2021

Who Can Challenge a Patent before the USPTO?

May 20, 2021 Patent
Apple Logo

The story today demonstrates that even experienced and sophisticated patent owners, like Apple, can trip over the fundamentals. ‘Inter partes review’ is a way* for a person or company to challenge someone else’s patent before the USPTO.  A person who wants to challenge a patent can petition the USPTO and submit prior patents, applications or other […]

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