Tag Archives: patents

Mechanical Inventions and Patent-Ineligible Subject Matter

January 2, 2020 Patent

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 […]

New Life for an Old Doctrine

December 19, 2019 Patent

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 […]

Vivisepulture*

November 7, 2019 Patent

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. […]

Maybe There’s Something to this UFO Thing After All

August 8, 2019 Patent

 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 […]

It Just Got Harder To Patent Computer-Implemented Inventions

April 4, 2019 Patent

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 […]

Can I Patent my Software or Internet Invention or Smartphone App?

February 21, 2019 Patent

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, […]

USPTO Fixes Some of the Problems with the PTAB

November 22, 2018 Intellectual Property, Patent

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 […]

Zombie Detector

November 1, 2018 Patent

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. . […]

The Sound of a Ferrari

September 6, 2018 Patent

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 […]

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