Patent

12Jul 2018

Supreme Court to Consider the On-Sale Patent Bar

July 12, 2018 Patent
Designs for patents

Love ’em or hate ’em, we have the most enthusiastically activist Supreme Court in memory. The Supremes are taking on another patent case, this time relating to the on-sale patent bar.  In general, when the Supreme Court decides a patent case, the law is in worse shape than it was before. As a refresher for […]

14Jun 2018

Supreme Court Decides Patent Death Squads are (at least partly) Constitutional

June 14, 2018 Patent
Designs for patents

We previously described the evils of inter partes review, by which administrative panels within the USPTO kill issued patents with wild abandon.  Former Chief Judge Rader of the Federal Circuit Court of Appeals described inter partes review panels as ‘death squads killing property rights.’  A constitutional challenge to inter partes review was recently decided by the […]

12Apr 2018

The Audacity of [Patent] Hope

April 12, 2018 Patent
Designs for patents

There are people who wish that the U.S. patent system would just go away.  Their allies successfully lobbied for and passed the ‘America Invents Act’ back in 2011 that resulted in the USPTO patent death squads, also known as the Patent Trial and Appeal Board (PTAB).  As we described last month, the PTAB kills patents with impunity […]

15Mar 2018

Patent Death Squads 1, St. Regis Mohawk Tribe 0

March 15, 2018 Patent
Designs for patents

In the America Invents Act, Congress shifted challenges to the validity of patents from the Federal courts to the Patent Trial and Appeal Board (PTAB), an arm of the U.S. Patent and Trademark Office.  The PTAB applies different rules and standards than the Federal courts, rules and standards that favor the patent infringer and not […]

15Feb 2018

China Embraces Patents in a Big Way

February 15, 2018 Patent
Designs for patents

Fifteen years ago, China did not have much of a patent program.  After all, with a centrally controlled economy and no private property, what good was a patent? Much of that has changed, at least the private property part. The Chinese government identified homegrown innovation and improving the ‘made in China’ brand as crucial to […]

18Jan 2018

Shocker at the USPTO

January 18, 2018 Patent, Trade Secrets
Congress

Many administrations regard the USPTO as a political backwater and the directorship as a holding pen for less-than-ideal candidates. Here’s the shocker: The Administration has appointed a qualified person to head the USPTO.  His name is Andrei Iancu and he is currently the managing partner of a Los Angeles law firm.  He’s a degreed engineer and registered […]

21Dec 2017

Smart Lady

December 21, 2017 Patent
Designs for patents

Last week Zeitgeist Films released a biopic of Hedy Kiesler Markey, an inventor of U.S. Patent 2,292,387.  This WWII patent envisioned that jumping between radio frequencies would avoid jamming of radio-guided torpedoes.  The U.S. Navy rejected the frequency-hopping invention at the time and did not adopt the technology until much later.  Frequency hopping is now widely […]

16Nov 2017

It’s Halloween! Time to Preserve Corpses

November 16, 2017 Patent
pumpkin

It’s Halloween, which, of course, means that it’s time to preserve corpses. Consider Joseph Karwowski’s invention (U.S. patent 748,284 issued December 29, 1903*).  Joe was a Russian national (‘…a subject of the Czar of Russia’) living in New York state.  He was presumably impressed by the ability of waterglass (sodium silicate, or Na2SiO3) to preserve fresh […]

20Oct 2017

We’re Number 10! We’re Number 10!

October 20, 2017 Patent
Designs for patents

Each year for the last five years the U.S. Chamber of Commerce has published a massive report on the state of global intellectual property protection.  The report is, frankly, staggering in its ambition.  It provides a report card for IP protection for forty-five countries around the world, including patents, trademarks, copyrights and trade secrets. The report gives us […]

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