Patent

15Apr 2021

Is There Light on the Horizon?

April 15, 2021 Patent
Axle Patent

The horizon of which inventions are patentable, that is.  For the last decade or so, the Supreme Court has been steadily excluding one technology after another from patent protection.  The recent series of cases started in 2010 with Bilski v Kappos, which determined that a method of hedging utility fuel prices was not patentable.  Then the […]

11Mar 2021

The Half-Billion Dollar Family Business

March 11, 2021 Patent
VirnetX

VirnetX Holding Corporation is a 20-employee, publicly-traded (NYSE: VHC) corporation with a market capitalization of $505 million and with unusual family compensation.  VirnetX owns 190 patents for some of the key technologies of the last fifteen years, including technologies used for Skype, iMessage, FaceTime and virtual private networks. VirnetX is in the business of licensing those patent […]

04Mar 2021

U.S. v. Arthrex: A Battle for Power over Patent Judges

March 4, 2021 Patent
Seal of the SCOTUS

A fascinating aspect of the law is that something can be standard practice, or settled law, until a creative lawyer or court pulls it apart, turns it on its head, and a new paradigm is born. Think of Brown vs. the Board of Education, Miranda v. Arizona, or Citizens United v. Federal Election Commission. Each of these decisions […]

18Feb 2021

It’s Official – Patent Examiner Interviews are Effective

February 18, 2021 Patent
Designs for patents

After the patent examiner issues a decision (an ‘office action’) on a patent application, the applicant has the right to an ‘interview’ with the examiner.  The interview can be in person, by video or by telephone.  During Covid-19, in-person interviews are out, but video and telephone interviews are available.  In the interview, the applicant can […]

21Jan 2021

Bling and the Ordinary Observer Test

January 21, 2021 Patent
patentable-invention

Utility patents protect what things are, how they work, or ways of doing things.  An example is the guillotine mousetrap that works by, well, the name says it all.  Design patents protect the ornamental design of a product, for example this mousetrap that looks like a demented cat.  The topic this month is design patents. Let’s say that […]

10Dec 2020

It’s Official: Patent Examiner Interviews are da Bomb

December 10, 2020 Patent
Patent Examiner Interviews

The patent application process is essentially a negotiation  between the patent applicant, represented by his or her patent attorney or patent agent, and the Federal government, represented by the patent examiner.  Most communications between the applicant and the examiner are written, in the form of the application itself, office actions by the examiner, and responses and […]

05Nov 2020

Not Laughing

November 5, 2020 Patent

Walking fast, you round the corner of an urban street and collide with — a clown — the greasepaint, the red, bulbous nose, oversized shoes, fright wig, exaggerated clothing, exaggerated smile, exaggerated eyes.  Immediately you feel nausea, your hands sweat, you struggle to breathe, you feel panic, anxiety and dread.  Your mouth goes dry and […]

08Oct 2020

Am I Entitled to Compensation if the USPTO Cancels My Patent?

October 8, 2020 Patent

The USPTO’s trial arm, the Patent Trial and Appeal Board (‘PTAB’), cancels patent claims so frequently that the PTAB is usually the copyist’s first stop in defending against patent infringement.  Before the PTAB cancels the claims, the patent owner has a valuable (and expensive) asset, namely the patent.  When the PTAB cancels the patent claims, […]

10Sep 2020

Patents and Vote-By-Mail

September 10, 2020 Patent
USPS Application

The US Patent and Trademark Office published a patent application on August 13 owned by the United States Postal Service (‘USPS’).  The disclosed invention would incorporate Blockchain technology into a vote-by-mail system.  Blockchain is the technology used to implement cryptocurrencies and other types of secure transactions. Blockchain allows digital information to be recorded and distributed, but not altered, which […]

20Aug 2020

Patent Marking and Infringement

August 20, 2020 Patent
patentable-invention

Let’s say you’ve developed a valuable machine, one that lots of people want to use.  You obtain patents for the machine.  An infringer learns about the patent and copies the patented machine.  You sue the infringer for patent damages. There is no question* that you can collect patent damages for the period of time after […]

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