Patent

09Jan 2020

The KosherSwitch Patent: Protecting Malfunction by Design

January 9, 2020 Patent
Designs for patents

Here’s a challenge for these modern times:  How do observant Jews follow the Biblical commandment to observe the Sabbath?  Rabbis generally agree that driving is prohibited, and that using electricity is not prohibited – but using switches to manually turn the flow of electricity on or off is prohibited.  This is why you may have […]

02Jan 2020

Mechanical Inventions and Patent-Ineligible Subject Matter

January 2, 2020 Patent
Designs for patents

Mechanical inventions have been free of the uncertainty and chaos created by the Supreme Court in results-driven decisions surrounding the patentability of business methods, medical diagnoses and discoveries, and computer software.  That is, until now. The recent American Axle v Neapco decision of a three-judge panel of the Federal Circuit Court addressed a patent to a method for tuning a drive shaft to […]

19Dec 2019

New Life for an Old Doctrine

December 19, 2019 Patent
Designs for patents

Some patents are valuable and some are not. The claims of a patent determine whether the patent is valuable or not valuable.  If the claims are too ‘narrow;’ that is, if the claims protect too little, then the patent is not very valuable and your competitor can make minor changes to a copy of your product […]

07Nov 2019

Vivisepulture*

November 7, 2019 Patent
Designs for patents

Imagine the following: You were very sick.  It was touch and go for a while, but you’ve just awakened and feel much better.  You open your eyes and see… nothing. It’s absolutely, completely black, like the deepest cave.  ‘Am I blind?’ you ask yourself out loud, but the sounds of your own voice are all wrong. […]

03Oct 2019

Challenges to a Patent before the USPTO

October 3, 2019 Patent
Designs for patents

In the not too distant past, a person or company unhappy about a patent had two choices:  (a) wait to be sued for patent infringement by the patent owner in Federal court and then challenge the validity of the patent, or (b) preemptively sue the patent owner in Federal Court and ask the court to […]

05Sep 2019

Why are patented drugs cheaper in Canada?

September 5, 2019 Patent

Many in the U.S. take advantage of low prices offered by Canadian ‘pharmacies’ by purchasing doctor-prescribed patented pharmaceuticals. The Canadian pharmacies are not pharmacies in the traditional sense.  That is, they do not maintain stocks of drugs nor fill prescriptions from their own inventories. Instead, the Canadian pharmacies are “ordering services” that ship pharmaceuticals to  U.S. […]

08Aug 2019

Maybe There’s Something to this UFO Thing After All

August 8, 2019 Patent
Designs for patents

 The Navy just received a patent on flying saucer technology.  No, I don’t mean a circular wing that flies like every other aircraft.  I mean a craft that relies on laws of physics that neither Newton nor Einstein would recognize. The patent, by Navy inventor Dr. Salvatore Pais, describes what is literally anti-gravity technology, referred […]

04Jul 2019

Momentum in Congress Builds for… Something

July 4, 2019 Patent
Designs for patents

In last May’s newsletter we told you about proposed changes to the patent statute to, hopefully, correct some of the damage that the Supreme Court has done to the U.S. patent system over the last decade.  Among other things, the Supreme Court has expanded the judge-made categories of inventions that cannot be patented to include […]

20Jun 2019

Congress Takes a Swing at Patentable Subject Matter

June 20, 2019 Patent
Designs for patents

There are some great inventions that cannot be protected by patent.  Laws of nature, such as electromagnetism , cannot be patented.  Abstract ideas, such as mathematical formulae , cannot be patented.  Natural phenomena, such as a naturally occurring bacteria, cannot be patented.  These judge-made exceptions to ‘patentable subject matter’ do not appear in the statute.*   In recent years, the Supreme Court has issued decisions that […]

09May 2019

Ransomware

May 9, 2019 cybersecurity, Patent
Internet Domains

Consider this situation: you get to work one morning and attempt to open your computer.  A pop-up message tells you that your hard drive is encrypted and demands that you make a payment, in Bitcoin, to get access to your files.  Your coworkers have the same experience.  Your company’s servers are frozen.  You and your […]

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