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patents | Adam G. Garson, Esq. | Lipton, Weinberger & Husick - Part 2

Tag Archives: patents

It’s Official: Patent Examiner Interviews are da Bomb

December 10, 2020 Patent

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 […]

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 […]

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, […]

Patents and Vote-By-Mail

September 10, 2020 Patent

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 […]

The Patent World Steps Up

July 2, 2020 Patent

Responding to Covid-19 requires innovation, and nothing encourages innovation like a functioning patent system. The USPTO has launched a program to quickly review Covid-19 related patents and to waive the fees usually required for prioritized review of those patent applications.  The average time for review of a  patent application by the USPTO usually runs a bit over […]

Q: How narrow is the protection of a design patent? A: Really narrow, if the design looks like a common product.

June 11, 2020 Patent

Lanyard Toys created a popular ‘chalk pencil’ that looked like a stubby pencil but that holds chalk.  Lanyard protected the invention with a design patent.  Remember that a design patent protects the appearance of a product, but not what it does or how it does it.*  Lanyard began selling its chalk pencils through a distributor to Toys-R-Us.  […]

Forward to the Past

April 2, 2020 Patent

Governments and scientists are scouring our vast pharmacopeia for something, anything, that may be effective against the current pandemic. While this particular infection may be new, inventors have been solving the problem of contagion since there have been inventors. This author believes that the scientists should investigate other disease-fighting inventions of the past.   In […]

The KosherSwitch Patent: Protecting Malfunction by Design

January 9, 2020 Patent

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 […]

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