Tag Archives: patents

A patent is property and the claims of a patent determine the value of that property.  The words are important, folks.  Consider the following (fictitious) claim: A love detector, the love detector comprising: a computer configured to determine whether a user is in love That’s called a “functional” claim – the claim addresses what the […]

You can create a great software or Internet invention that is completely novel, unobvious and has utility, but you still may not qualify for a patent.  Why not? Congress enacted 35 USC §101 to identify which inventions are the proper subject for patents.  That section states: Whoever invents or discovers any new and useful process, […]

The ‘Patent Trial and Appeal Board’ (‘PTAB’) has 174 administrative judges, who hear appeals of actions by the USPTO, such as denials of patent applications.  In the past, the USPTO has been accused of packing the PTAB panels with handpicked judges to reach a desired result in a particular case. Panels of the PTAB also […]

  Here’s a familiar situation: the shuffling figure, arms outstretched moving slowly toward you, emitting indecipherable moans, munching on what could be human brains…  And the universal question: Is that a zombie or is it your teenage offspring?  The answer will determine whether you dispatch it in the most grisly way imaginable or feed it mac-and-cheese. […]

Disappointed that your new Ferrari 488 Pista isn’t loud enough?  You’re not alone – we’ve all been there.  Fortunately, the boys and girls at Maranello have been busy and they’ve come up with new ways to make that great Ferrari sound. First, consider U.S. Patent Publication 2017/0350287  published December 7, 2017 and owned by Ferrari.   The […]

Try rolling these out at the bar tonight.  You’ll be the life of the party!  Here goes: The USPTO issued its 10,000,000th patent on Tuesday June 19, 2018.  That’s 10 million patents.  The 10 millionth patent is owned by Raytheon and addresses LADAR range-finding technology, as used in self-driving cars. In 1997, the USPTO issued about 100,000 patents.  In 2007 […]

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 […]

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 […]