Tag Archives: patents

Words are Important to Your Patent

May 4, 2023 Patent

 “There is not a sexual relationship.” … “It depends on what the meaning of ‘is’ is.” President Bill Clinton Ah, the meaning of words, particularly simple words.  Words you thought that you were intimately familiar with, words that you thought you understood.  Words that can damage your presidency or even wreck your patent. Wait.  A simple word can wreck your […]

Can a State Protect an Invention?

September 15, 2022 Patent

We think of the protection of intellectual property (patents, trademarks, copyrights, trade secrets) as matters of Federal law.  What about the states?  Can, say, Pennsylvania protect an invention by state law independent of the Federal government? The principal impediment to state protection of intellectual property is the Supremacy Clause of the U.S. Constitution: “…This Constitution, and […]

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

January 6, 2022 Patent

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 […]

Covid and Patents

December 2, 2021 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 […]

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

October 14, 2021 Patent

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, […]

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

August 12, 2021 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 […]

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

March 4, 2021 Patent

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 […]

It’s Official – Patent Examiner Interviews are Effective

February 18, 2021 Patent

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 […]

Bling and the Ordinary Observer Test

January 21, 2021 Patent

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 […]

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