PATENT RESOURCES

October 03, 2007

All New PatentFizz - The Good Stuff Always Rises to the Top

All around intellectual property and web wunderkind Matt Buchanan has taken his hugely popular PatentFizz site to the next level this past week – bold new colors, new layouts, and useful new content and tools.

According to Matt, on his summer vacation he has been anything but slothful:

You'll notice right away that the site has been completely redesigned. It's a bit easier on the eyes, you might say. The FizzDisplay pages present the abstract, claims, and bibliographic information in an attractive, easy to read format that loads quickly. The FizzDisplay is sweet, instant gratification.

The improvements are not just cosmetic, though. Nope....PatentFizz has an impressive slate of all new features designed to more effectively deliver patent-based information. I'll be detailing these features on Fizzure, the PatentFizz blog, over the coming weeks, so be sure to subscribe to the RSS feed.

We failed to mention last month that PatentFizz was featured as part of the Economist magazine’s article on patent commenting, examination and intelligence sites.

Check it out and if you have some “scoop” on a particular patent and be sure to share it with the world!

Posted by Douglas Sorocco at 09:28 PM.
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PATENT RESOURCES

September 20, 2007

Patent Reform Act of 2007 - Part 4

You are no doubt on the edge of your seat waiting to see what other changes are in store if the Patent Reform Act of 2007 is enacted.  Well, wait no longer, this blog post brings to you not one, but two more proposed changes to the current Patent System:  (1) Prior User Rights and (2) Best Mode Requirement Violations. 

You might be asking yourself, “Self, what are prior user rights?”  Well, prior user rights (also called the first inventor defense) stem from 35 U.S.C. § 273.  Currently, 35 U.S.C. § 273 provides a limited defense for actions that would normally constitute infringement if the person “actually reduced the subject matter to practice at least 1 year before the effective filing date of such patent, and commercially used the subject matter before the effective filing date of such patent.”  The defense is narrowly tailored so that “[a] person may not assert the defense under this section unless the invention for which the defense is asserted is for a method.”  In other words, the defense is limited to business method patents. 

After the State Street Bank decision, the USPTO experienced a huge surge of business method applications as well as a huge lack of adequate prior art to judge the novelty and obviousness of these applications.  Consequently, litigation erupted and the prior user defense was enacted to remedy the effects of the enforcement of poor-quality business method patents.   

The Patent Reform Act proposed to widen the scope of the prior user defense by eliminating the business method patent limitation so that users of all types of inventions would have been able to use the defense.  But as amended and passed, the legislation does not include any such changes to the prior user defense.  Instead, the legislation requires the USPTO to prepare a report for Congress detailing their findings and recommendations on the operation of prior user rights in several selected countries. 

The Patent Reform Act, if enacted, would also affect violations of the best mode requirement.  What is the best mode requirement, you might ask.  Well, funny you ask, because I just so happen to have a brief explanation.  Currently, under 35 U.S.C. § 112 a specification must, among other elements, “set forth the best mode contemplated by the inventor of carrying out his invention.”  Under the current law, a defendant in an infringement action could assert invalidity as a defense if the patentee failed to set forth the best mode of carrying out his invention.  35 U.S.C. § 282(3). 

But according to the Judiciary Committee Report there were several problems involved in litigating violations of the best mode requirement since it is so subjective.  So the Patent Reform Act amended the defenses available to potential infringers by making failure to meet the best mode requirement unavailable as a defense to infringement.  Now, the Patent Reform Act, if enacted, replaces Section 282(3) and states that invalidity of a patent or failure to comply with any requirement of Section 112 “other than the requirement that the specification shall set forth the best mode contemplated by the inventor of carrying out his invention” is an available defense. 

Posted by Emily Campbell at 04:11 PM.
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PATENT RESOURCES

September 16, 2007

Dunes CLE - Vegas Legal Fun!

Dunes CLE has all the fun - all the while providing an informative and timely panel of experts on intellectual property matters.  It can't get much better than a little gaming, some sun, a beverage of your choice after a day of in-depth legal information.

Dunes' Fall, 2007 seminar is rapidly approaching on October 12th at the Bellagio Hotel in Las Vegas.  The theme of the conference is "Current Issues in Patent Law 2007" and features a double helping of J. Matthew Buchanan updating everyone on Patent Law and Policy Updates from within the legislative, executive and judicial realm.

Other topics include:

• Inequitable Conduct After McKesson: Has The "Plague" Returned? - Thomas M. Hardman
  
• USPTO Claims and Continuation Practice Files Rules: Where Are We Now? - Mark Sandbaken
  
• Statutory Subject Matter in 2007 and Beyond - Robert Ryan Morishita
  
• The Supreme Court's Decision in KSR v. Teleflex - Eric L. Maschoff

PHOSITA has been an avid fan of Dunes' from the beginning - and, as they say, what happens in Vegas, stays in Vegas!

Posted by Douglas Sorocco at 04:05 PM.
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PATENT RESOURCES

July 30, 2007

Legal Imperatives on Intellectual Property Management

Market Research Reports has released a new title on intellectual property asset management and protection entitled “Legal Imperatives on Intellectual Property Management”. 

It appears to be an interesting read, although not inexpensive (550 Euros).  If any PHOSITA readers have a copy, let me know your thoughts/reactions so other readers can make an informed decision on purchasing.

From the Market Research Website:

Only in recent decades have issues related to the protection of intellectual property rights come to be seen as significant sources of legal and business uncertainty. In part, this uncertainty derives from the fact that intellectual property is importantly different from physical property. Intellectual property can be stolen by an act as simple as broadcasting an idea without the permission of the originator. -- Former Federal Reserve Chairman Allan Greenspan in his remarks at a 2004 conference on Economic Policy Research, at Stanford University

The business landscape is littered with intellectual property landmines. Microsoft, Apple Computer, Sun Microsystems, Medtronic, Research in Motion and Nintendo are just a few of the companies that have settled patent infringement disputes for hundreds of millions of dollars. Toshiba paid a $425 million judgment to Lexar for violating trade secrets. Pfizers patents for Viagra were ruled invalid in China and Microsoft faces similar concerns over its Office product in South Korea. In the battle of protecting intellectual property, the IP lawyer is on the front lines. It is the IP lawyer who:

-Drafts the patent applications, knowing that the defensibility of the firms intellectual capital hangs on each word that the IP lawyer crafts.

-Must have the prescience to secure valuable IP rights throughout the world in anticipation of his company later doing business in remote markets.

-Must defend his company against attacks by patent trolls.

-Must have the business savvy to transform fierce litigation into mutually beneficial licensing agreements.

-Must retain patent, trademark, and copyright exclusivity while avoiding anti-trust challenges.

This report includes interviews with many of the nations foremost authorities on the intellectual property law. Intellectual Property Litigation is extremely expensive and becoming increasingly common. From 1984 to 1999, the mean loss absorbed by companies faced with IP litigation was $28.7 million in total losses. Microsoft, Apple Computer, Sun Microsystems, Medtronic, Research in Motion and Nintendo are just a few of the companies that have settled patent infringement disputes for hundreds of millions of dollars. Cisco Systems reports that it is named as a defendant in at least one IP lawsuit each week.

Posted by Douglas Sorocco at 02:13 PM.
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PATENT RESOURCES

February 15, 2007

New FedCirc.us Search Tool Released

The master plan for the FedCirc.us site includes several web features designed to deliver patent caselaw information in a more effective manner.  The first - the GimmeTen! feature - has quickly become the most popular page on the site...and for good reason.  Not familiar with it?  Simply bookmark http://10.fedcirc.us and visit regularly.  That page always provides concise summaries of the ten most recently posted case reviews.  We're confident you'll quickly be hooked.

Today we announce the second feature in our bag of tricks - the travelling FedCirc.us search engine.  By following the steps below, you'll be able to search the FedCirc.us site from anywhere on the web.

The best part is the simplicity -- 5 easy steps (4 for most people).  Five minutes tops.

1.  Make sure you're using either Internet Explorer 7 or Firefox 2.0 as your browser.  If you're not, download the latest IE here or Firefox here (both are free).  For the record, FedCirc.us is optimized for Firefox.

2.  Start your browser.

3.  Visit FedCirc.us.

4.  Pull down the drop-down search box in the upper right hand corner and select "Add FedCirc.us" (in Firefox) or select "FedCirc.us" with the gold star next to it (in IE, see image at right).

5.  Surf the web.  Whenever you want to search the site, simply enter a search string in the box in the right hand corner, pull down the list, select FedCirc.us, and hit return.  You can do this from any page on the web...and you'll immediately be transported to a listing of search results from the site.

I've quickly gotten used to searching by party name or full case name as I'm reading on the web.  This little trick has changed my surfing habits for the better...it's a wonderfully efficient way to find information quickly.  We hope you find it useful as well.

As always, if you have any comments or suggestions, please let us know.  You can e-mail Matt directly at jmb @ rtipllc.com.

Enjoy!

Posted by Douglas Sorocco at 05:24 PM.
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PATENT RESOURCES

February 12, 2007

Nope... There is no 'Official' Policy

Of course the PTO has no ‘official policy’ relating to the dis-allowance of patent applications.  It is merely coincidence that the number of allowances have plummeted …. while the “backlog” continues to grow…

Anyone have a FOIA form handy? 

Discussion:  Matt Buchanan on “Rethinking Backlog”

Posted by Douglas Sorocco at 08:30 PM.
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PATENT RESOURCES

January 31, 2007

The Resolution(tm) -- a new Fedcirc.us Product

FedCirc.us (Matt/Steve/and I) announced earlier today the availability of a free preview issue of The Resolution, the inaugural issue of our quarterly magazine, The FedCirc.us Reader.  Download the .pdf here.

According to Matt:

The Resolution will give you a sneak-peak at the features of the magazine.  It's jam-packed with all sorts of patent-caselaw goodness, including a 'Trend Spotting' article, a featured case review, prosecution- and litigation-focused digests, chronological and alphabetical listings of cases from last quarter (including summaries), and a fun "Quotables" section that includes some of our favorite quotes from cases issued during last quarter.

For this issue, we've even included a brief note about the story behind the FedCirc.us name and domain.

We think you'll agree that the magazine is an exciting and effective new tool for staying current on patent caselaw developments.

Of course, the free preview issue includes subscription details for the magazine.  The site will be ready to accept subscription payments starting tomorrow.

Please download our first copy and let us know what you think.

Posted by Douglas Sorocco at 10:20 AM.
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PATENT RESOURCES

January 02, 2007

A Little Something New - Fedcirc.us

Happy New Year!  – and – Happy Birthday PHOSITA! 

Wow – it is amazing to think we just stepped into 2007.  When we started PHOSITA three long years ago, we had no idea how this little project would turn out or even how long it would stay in existence.  Thanks to all of our readers for the great tips, the snarky criticisms and the amazing friendships that have occurred.  We are looking forward to our fourth year and we have a couple of new things up our sleeves to trot out down the road.

Speaking of friendships and new things, Matt, Steve and I are happy to announce the launch of FedCirc.us – the patent caselaw portal!  Built largely upon Matt’s stellar leadership and insightful writing, we have been tiddying up the tents and getting the main ring ready for y’all to come and explore.  A few folks have been testing the lines and unfurling the flags for us, but today…. well, today – WE GO LIVE!

Yes – it lives.  FedCirc.us is alive.  Visit it at http://www.fedcirc.us (and just because we have a wierd sense of humor, http://www.fedcircus.com will work, too).

Currently, FedCirc.us is a website that allows patent professionals and other patent stakeholders to access, digest and manage patent caselaw information.  The site is built on a foundation of timely, accurate, and considered reviews of patent decisions from the Supreme Court of the United States and the Court of Appeals for the Federal Circuit.

Check out some of these great features:

• GimmeTen!(tm) - Get concise summaries of the last ten case reviews written...all on one page.  Bookmark it at http://10.fedcirc.us.
• Read the Latest Review - Hit this button in the left menu to immediately get the full monty on the last case review written.
• Case Data - Check out the Case Data box that appears in every case review.  There's a bunch of goodness in that box, including citation information and a link to download a .pdf of the opinion.
• Case Flags - Red flags.  Big red flags.  Believe us, you'll known 'em when you see 'em.
• Tags - Navigate the site by keywords.  Conduct legal research with your head in the tag cloud.
• Practice Alerts - We issue specific practice alerts when we detect something important.  Sign up to receive these alerts, free!
• Feature article - We're working to put together a team of authors that will publish timely and insightful analyses of the latest developments.  We'll provide more details on this soon.
• E-mail and RSS subscriptions - A lot of the FedCirc.us content is available without even visiting the website.  Go ahead and subscribe.

We're extremely excited about this project, mostly because the website is just the beginning.  FedCirc.us is merely the leading edge of the most ambitious and significant RTIP LLC (otherwise known as the Rethink(IP) guys…) project yet.  We've got a slate of informational products and services - all built around the FedCirc.us foundation of case reviews - that we'll be announcing over the next several months.

So come on by and stay awhile – we just might buy you some Circus Peanuts!

Posted by Douglas Sorocco at 06:49 PM.
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PATENT RESOURCES

December 13, 2006

2007 Corporate Patent Congress Conference

One of the greatest benefits of blogging the last couple of years has been the ability to speak at different conferences and CLE programs.  Both Matt and I have greatly enjoyed our experiences and travels this past year and look forward to meeting many more of our readers and colleagues in 2007. 

Our first stop in 2007 is the American Conference Institute’s Corporate Patent Congress 2007 (link to program).  It will be held January 22–23, 2007 at the New York Marriott East Side Hotel in New York City. 

I must confess that I am really looking forward to participating in this conference.  All of the speakers are incredible and I think that the topics are quite timely and engaging.  Matt and I will be speaking on a panel along with Stephen R. Albainy-Jenei of the Patent Baristas Blog (a PHOSITA favorite) on “Maximizing Your Corporate Patent Portfolio and Harnessing Its Value in Changing Times”. 

The topics we will be covering include:

• Utilizing aggressive offensive and counter-defensive measures to generate a steady revenue stream from your IP portfolios
• cross-industry considerations
• Increasing corporate prowess and maintaining your competitive edge in the market through strategic patent acquisition
• Incorporating patent portfolio management into your business planning and valuation strategies
• pharma/life sciences v. tech

For a full list of all of the conference sessions, download the attached conference flyer (PDF 206kb).  As a special bonus for PHOSITA readers, mention discount code 662L07.SBLG and you will receive $200 off of the registration fee.

We look forward to seeing everyone in New York City in January!  Let’s us know if you are coming and we can set up a time to meet over a beverage or two of your choice – Matt will be buying, of course!

 

Posted by Douglas Sorocco at 10:49 AM.
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PATENT RESOURCES

October 30, 2006

Research Help: How many patent attorneys sit on corporate board of directors?

Help! 

I know the erudite readers of PHOSITA may have valuable information I need:

I am working on article regarding the makeup of corporate board of directors and I am trying to get a sense of how many patent attorneys are directors.

If you know of anyone or have a suspicion, please send it my way.

Thanks and hopefully this will be picked up around the IP corner of the blog-o-sphere... hint, hint, hint, hint, hint, hint...

Image via Flickr.

 

Posted by Douglas Sorocco at 10:50 AM.
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PATENT RESOURCES

October 07, 2006

LegalMojo - Lawyer Job Board

Well… the Rethink(ip) folks have been promising the unveiling of a number of projects this fall … so, without further ado…

World, meet LegalMojo… LegalMojo, meet the World. 

Now, y’all play nice!

One of the things that we have really enjoyed in our collaborative efforts is the ability to “matchmake” lawyers and other professionals with companies and firms that need their talents.  In fact, we have been doing so much “matchmaking” that we decided to offer a professional site and environment where job seekers can meet up with employers. 

The site has been up about a week now and we are already ahead of all our projected stats — the number and quality of job postings is amazing and the number of people visiting the site has sky-rocketed. 

So – if you are a job seeker, especially an intellectual property professional – head on over to LegalMojo and find something that fits. 

If you are a potential employer – get your ad up quick and enjoy premiere placement.  Placing an ad is easy and painless and we guarantee you won’t find a better value.

So – get your ‘mojo’ working!

Posted by Douglas Sorocco at 04:18 PM.
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PATENT RESOURCES

July 28, 2006

Another interesting patent conference

Mark your calendars for the Eighth Annual Conference on Patent Litigation being held at the Hilton Sedona Resort on October 12–13th.  This year’s topics will include Markman hearings, PTO proceedings and litigation, willful infringement, patent damages, patent reform, and many others as well.  The highlight seems to be a presentation and critique of the Sedona Conference Working Group 5‘s Public Comment Report on Markman hearings.  Those interested in attending can get the complete agenda and faculty bios here or call 1-866-860-6600 for more information.

Posted by Laura Wood at 05:38 PM.
Permalink: Another interesting patent conference

PATENT RESOURCES

July 25, 2006

a nanopatent takes longer than a nanosecond

In a press release, Lux Research called attention to their report on “Nanotech IP Battles Worth Fighting” that suggests there may be a problem with filing your next nanopatent.  The press release indicates there is an issuance stall in the USPTO regarding nanopatents with a wait time of about four years while the rate of new applications has grown by 52% (this sounds very familiar).  Based on those figures, Lux Research states that “overlapping claims” may have initiated the stall.  They reviewed 2,738 patents as well as industry considerations, and gave a glimpse at some of their conclusions:

• Carbon nanotube and quantum dot applications in electronics, where many crowded and vulnerable patents indicate a high likelihood of legal wrangling, are battles worth fighting. The large addressable markets relevant to these nanomaterials justify the cost of navigating the unfavorable patent outlook.
• In healthcare/cosmetics applications nanomaterials with crowded or vulnerable patent landscapes like dendrimers, ceramic nanoparticles, and metal nanoparticles represent battles worth fighting because of the broad applicability of these materials to a number of large addressable markets.
• Hidden opportunities - characterized by a favorable patent outlook and large market potential - occur in energy applications of ceramic nanoparticles like high-performance cathodes in the $48 billion battery market, and in electronics applications of nanowires which could keep Moore's Law going in the next decade.

Unfortunately, only clients get to see the entire report and in the press release they did not hint at which nanotechnologies represent “a low opportunity to payoff.”  Pretty sneaky…

Posted by Laura Wood at 03:29 PM.
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PATENT RESOURCES

July 07, 2006

how to review a patent application - google video - treasure trove of information

Google Video is like the big brother to YouTube – Google provides the information while YouTube provides the laughs (and outright childish gross out).

Google Video actually includes a couple of seminars on patents, patent law and inventor resources.  A terrific example is Patent Attorney Katherine White’s video seminar outlining the process by which a patent application should be reviewed. According to the “liner notes,” Ms. White is a member of Enterprise Partners Venture Capital and the video provides advice for inventors on securing successful patents.  Ms White’s talk was sponsored by the Von Liebig Center for Entrepreneurism and Technology Advancement at UCSD's Jacobs School of Engineering.  A PDF is also available and is a nice booklet to give to people on how to read a patent application.

Enjoy the video – and, if you happen to run across any others, shoot them my way and I will post them for all to enjoy.

 

Posted by Douglas Sorocco at 08:21 AM.
Permalink: how to review a patent application - google video - treasure trove of information

PATENT RESOURCES

June 18, 2006

Rethink(IP) Aloud - New Podcast Available at Rethink(IP)

There is a new podcast available over at Rethink(IP):

We are proud to announce that our newest podcast is available for your down loading and listening pleasure – Rethink(IP) Aloud #6. 

The audio is approximately 47 minutes long and the file is a 41.1MB file.  If you want to grab the RSS feed and subscribe to the Rethink(IP) Aloud podcast – you can get it via FeedBurner at Rethink(IP) Aloud Podcast.

This podcast is the audio portion of Matt’s lecture on U.S. patent reform in 2006 and covers the efforts happening in the 109th Congress and at the Supreme Court and USPTO.  We posted the video of the presentation over at Phosita last week and received many requests for an audio only version.  Matt’s PowerPoint slides to go along with the Patent Reform lecture are also available.

The intro and ending music is “Patricia” by Billy May and his Orchestra off the Ultra-Lounge Vol. 11 album.

Happy father’s day!

 

Posted by Douglas Sorocco at 02:11 PM.
Permalink: Rethink(IP) Aloud - New Podcast Available at Rethink(IP)

PATENT RESOURCES

June 13, 2006

Rethink(IP) Announcement: New Weekly Newsletter Covering Trademark Litigation

The fine folks over at Rethink(IP) (ok – it is Steve, Matt and I) announce a new service based upon our highly successful “lawsuit filing” email subscription service.

The fact that a lawsuit has been filed can be an incredibly valuable piece of information, especially in the practice of trademark law.  To wit, Rethink(IP) has released a new weekly e-mail newsletter.  Called Trademark Lawsuit Mojo, the newsletter consists of a list of Federal trademark lawsuits that surfaced in the previous week. 

Why is the existence of a lawsuit being filed such a valuable piece of information?

First, the defendant might not know that he/she/it has been sued!

Your company, or your client, might have no idea that a lawsuit has been filed. How can this be? Remember that in the United States, a plaintiff has 120 days from the date of filing to serve a Complaint upon the defendant(s). To reserve a preferred venue/forum, many times a plaintiff will preemptively file the suit and not serve the Complaint, spending up to the next 120 days putting their case together, acquiring additional evidence, and (sometimes) attempting to settle the dispute.

Knowing that your company or client has been sued (but hasn't been served) can be priceless information when counseling them. How's that for a valuable "heads up?"

Second, the filing of a lawsuit can also be a valuable piece of competitive intelligence.

Knowing that competitor X just sued competitor Y may change discussions you're having with competitor X, Y, and/or A! It could also help in decision-making on several issues, such as marketing and product development. Best of all, it may allow you to monitor the case for information that might be helpful in a variety of situations.

As one reader recently put it:

I subscribed last week and already impressed a client yesterday by being aware of a lawsuit filed by one of its competitors.

You can subscribe to Trademark Lawsuit Mojo using one of the below links.  Current rates are $99.99 a year or $9.99 a month.  The first three weeks are free (free trial).  After the free trial expires you can decide whether you would like to continue your subscription.

We don't expect any of us will be quitting our day jobs anytime soon … commercialization of this project (and eventually Copyright and Patent newsletters) is done to fund the “Rethink(IP) Projects Account” and let us provide additional cool tools and services to the legal community.  Apparently computer programmers don’t work for free. 

Please contact Stephen M. Nipper at steve@rethinkip.com for additional information.

$99.99/year
$9.99/mo

Posted by Douglas Sorocco at 04:48 PM.
Permalink: Rethink(IP) Announcement: New Weekly Newsletter Covering Trademark Litigation

PATENT RESOURCES

June 12, 2006

patent reform lecture - j. matthew buchanan

A couple of weeks ago, the IP Section of the Oklahoma Bar Association conducted its annual CLE seminar at Tanglewood Resort on Lake Texoma.  My partner, Nick Rouse, was in charge of the weekend and did a phenomenal job.

The lecturers were top notch and although I am a bit biased, I would have to say that Matt Buchanan was one of the two best speakers over the course of the weekend.  Matt blogs about patent reform issues and patent legislation over at Promote the Progress.

Matt spoke on the recent patent reform efforts underway in the United States and the impact any such reform may have on practitioners and patentees. 

Considering the timeliness and importance of Matt’s talk, I recorded the lecture and DCR is presenting it here for your review and comment. 

The video stream can be viewed below (or you can grab it at Google Video as a stream, as a download or as a video iPod download).  The PowerPoint slides are available for download as a PDF file (2.2MB).

Posted by Douglas Sorocco at 01:42 PM.
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PATENT RESOURCES

June 01, 2006

aipla request for new article submissions

I received a very nice email from Marc Nickel, the Executive Managing Editor of the AIPLA Quarterly Journal, requesting that I let PHOSITA readers know that the Journal is seeking new article submissions for consideration.

According to Marc:

The American Intellectual Property Law Association (AIPLA) Quarterly Journal is seeking new article submissions from practitioners and legal scholars for publication in upcoming volumes of the journal.

To submit a manuscript for publication consideration, send an electronic copy by email to submissions@aipla.org.

For more details on submission guidelines please go to our website.

In the event that you haven't heard of AIPLA or its journal, AIPLA is one of the largest private bars of intellectual property attorneys in the world, with over 9,000 members in the United States.   The AIPLA Quarterly Journal is headquartered at the George Washington University Law School, where it is published four times a year through the efforts of the staff of student editors, the AIPLA board, and the Editor-in-Chief, Professor Joan Schaffner.   The AIPLA Q.J. is designed to promote an exchange of intellectual insight and debate on issues of intellectual property law, and the journal participants strive to make it the premier I.P. journal for I.P. practitioners.

 

Posted by Douglas Sorocco at 10:18 PM.
Permalink: aipla request for new article submissions

PATENT RESOURCES

May 29, 2006

Recently on Rethink(IP)'s RSS Mojo Blog

• Listings of recently filed IP Lawsuits
  
  
• Trademark Lawsuit Filing Update (through May 27, 2006)
• Patent Lawsuit Filing Update (through May 27, 2006)
• Copyright Lawsuit Filing Update (through May 27, 2006)
• Trademark Lawsuit Filing Update (through May 21, 2006)
• Patent Lawsuit Filing Update (through May 21, 2006)
• Copyright Lawsuit Filing Update (through May 21, 2006)
  
  
• USPTO Notices:
  
  
• Patent Prosecution Highway Pilot Program between the United States Patent and Trademark Office and the Japan Patent Office (signed 22May2006)
• Notice of Collection of Practitioners’ E-mail Addresses
• Commerce Deputy Under Secretary to Address Midwest Businesses On U.S. Government Efforts to Combat Counterfeiting and Piracy in China
• USPTO Exam Guide for Geographical Indications Used on Wines and Spirits
• Request for Comments on Patents Search Templates (16May2006)
• Commerce Deputy Secretary to Speak at USPTO's Community Day
• U.S. GOVERNMENT BRINGS ANTI-COUNTERFEITING AND PIRACY PROGRAM TO OHIO

Posted by Douglas Sorocco at 10:58 AM.
Permalink: Recently on Rethink(IP)'s RSS Mojo Blog

PATENT RESOURCES

May 18, 2006

speaking engagements - bookending the summer

I have been winding down the Spring speaking engagement schedule and have been looking forward to some R&R over the summer – but a couple of opportunities have come up that were just too interesting to turn down.

First, I will be speaking at ALM’s Small Firm Business Forum in Los Angeles on June 7th.   This looks to be a great seminar and I am especially looking forward to speaking with both Tom Mighell from the Inter Alia blog and William Kellermann of CT Summation on the topic of “The Cyber-Ethical Lawyer: How Not to Commit Malpractice With Your PC.” 

We will be covering a lot of items in our session, but here is a sneak peak of the highlights:

• Technology and a Lawyer's Ethical Obligations
• E-Mail Communications and the Duty of Confidentiality
• Ethics and the Online World -- Blogging, Web Sites, and Advertising
• Keeping Client Data Safe

Second, I am also honored to be invited to speak at Dunes CLE’s Current Issues in Patent Law on August 25th in Las Vegas.  In fact, both Matt and I will be speaking at this conference – so come on out, get some CLE and hang out with at least 2/3 of the Rethink(IP) gang. 

At Dunes I will be speaking on the role of strategic patenting and proactive patent management strategies in light of the Supreme Court’s sudden interest in patent cases.  I work with a lot of companies on strategic patenting initiatives and I am looking forward to discussing how best to implement them in light of the recent decisions.

So it is gonna be a busy beginning and end to the summer. 

My calendar is also starting to fill up for the Fall, so if you are looking for a speaker – let me know.

Posted by Douglas Sorocco at 11:25 AM.
Permalink: speaking engagements - bookending the summer

PATENT RESOURCES

May 17, 2006

i could be a ski bunny in the winter...

The United States Patent and Trademark Office is trying to sweeten the deal for all of us science and engineering geeks.  It looks like Denver may house the first satellite office for patent examiners.  If the USPTO had only set up the satellite office before I went private, just think of what may have happened….well that and if they paid better.     

Posted by Laura Wood at 11:51 AM.
Permalink: i could be a ski bunny in the winter...

PATENT RESOURCES

January 28, 2006

rep. tom davis demands uspto quality improvements - what has RIM wrought?

Rep. Tom Davis (R-Va.) asked the director of the U.S. Patent and Trademark Office on Friday if the controversy over who controls the patents for Research in Motion (RIM) BlackBerry technology indicates that USPTO needs to reform how it examines patent applications, according to a press release (PDF Version).

“In today’s fast-moving world, America’s economy and our ability to compete in a global marketplace are dependent on an efficient and competent system to bring new technological developments to the consumer market,” Davis said in a press release. He is chairman of the House Government Reform Committee.

In a letter to USPTO Director Jon Dudas (PDF copy), Davis questioned whether the agency needs to refine the patent process. Davis added that he is ready to help improve the process.

“If adequate resources were utilized to determine the initial validity of the patents, this controversy could have been avoided,” he wrote in the letter. “Additionally, if RIM’s re-examination requests had been acted upon more expeditiously, the current uncertainty could have been resolved long before it threatened critical service to the government and consumers.”

“The current patent controversy involving BlackBerry service is but one signal that our economy and ability to compete in a global economy are dependent on an efficient and competent system,” Davis wrote. “A vital component of that system is a well-funded and efficient Patent and Trademark Office.”

The answer is pretty simple actually, Congressional appropriators have to stop raiding the excess fees (i.e. the “inventors tax”) raised by the USPTO and instead let them be used for improving service, quality and examination time.  Simple solution – hard to carry out.

Posted by Douglas Sorocco at 01:35 PM.
Permalink: rep. tom davis demands uspto quality improvements - what has RIM wrought?

PATENT RESOURCES

September 30, 2005

How to Understand Your Lawyer - Interpreting "Patentese"

Do you know what the heck your patent attorney means when you hear that there was a rejection based on prior art, or that there was an objection to the specification, or even that your patent claims were allowed? Hard as we try, we still often lapse into speaking "patentese" (a specialized field of "legalese"). You should never be afraid to ask your lawyer to explain. After all, they work for you. But, if you are hesitant to point out our failure to actually speak English, you needn't suffer any longer.

Patently-O: Patent Law Blog to the rescue. Dennis Crouch recently posted links to a few patent glossaries, claiming that they are "a great place to start if you are a new lawyer, agent, or paralegal trying to learn the trade." The only thing I would change about this statement is to include a patent-seeker or a patentee in this group of people.

Posted by Melody Wirz at 09:18 AM.
Permalink: How to Understand Your Lawyer - Interpreting "Patentese"
| Comments (1)

PATENT RESOURCES

September 14, 2005

"Made in the USA" to Air Tonight

Thanks to this post, I remembered that Made in the USA will air for the first time tonight at 10/9C. As you may recall, we mentioned the show in an earlier PHOSITA post. Be sure to watch, or to set your TiVo.

But, if you set your TiVo, be careful. Apparently TiVo won't save certain shows or allow moving them. It looks like your right to time-shift under the Betamax case is being limited by the networks and TiVo. It was a mistake this time, but TiVo has tipped its hand about some technological capabilities. I'm reminded of a great book, 1984.

Posted by Melody Wirz at 09:47 AM.
Permalink: "Made in the USA" to Air Tonight
| Comments (2)

PATENT RESOURCES

September 13, 2005

U.S. Patent Quality Questioned in Industry Poll

According to this, the Intellectual Property Owners Association (IPO) finds that patent quality is deteriorating. The organization released survey results that indicate that 74% of respondents think they will be spending more on patent litigation in the next few years.

The article states that "[h]igh quality patents are usually thought of as those that will hold up if challenged in court," and points out that the USPTO is responsible for issuing high quality patents. The article also mentions that hundreds of millions of dollars are being diverted from fees paid to the USPTO to fund other government programs. It states "IPO believes the loss of funding and delays in modernizing the agency's operations have been primary causes of the current weaknesses in patent quality and the growing delays in processing."

While I don't even try to claim to know more than the IPO, I don't know that I agree with many of its findings.

First, I'm not convinced of the measure of a high quality patent. There have been numerous ways of measuring patent quality, including later citations and success in court. However, I believe that a high quality patent is one that never even needs to go to court. Sure, a patent that is well-written, clear and thorough will stand the test of litigation. However, the best patents don't require litigation to prove their value. In fact, the best patents would scare off potential lawsuits. So, I disagree that quality patents are those that succeed in court.

Second, I am not convinced that the deterioration in patent quality is due to fee diversion. While this does cause USPTO resources to be limited, I think the patent drafters need to assume some responsibility for the quality of the patents. Before I took the Patent Bar, I was convinced that upon issuance, a patent was nearly indestructible. However, I have since learned that issuance has little to do with anything other than the payment of an issue fee and maintenance fees. Litigation often proves to be the true test of patentability. Every good patent should be able to survive litigation (if it comes to that). The judge or jury is the true "Examiner" of the patent. The guy (or gal) working for the USPTO is just an expensive "trial run."

I think if every patent professional drafted patents with litigation in mind, the quality of patents would improve. This would result in reduced litigation. Even so, I admit that higher quality "trial runs" would also result in reduced litigation.

Posted by Melody Wirz at 02:54 PM.
Permalink: U.S. Patent Quality Questioned in Industry Poll
| Comments (4)

PATENT RESOURCES

September 07, 2005

ip memes' newest members

IP Memes will include a couple of new contributors in the next issue due out on September 26 - namely, Matt Buchanan of the Promote the Progress blog and myself.

If you're not familiar with The TechnoLawyer Community...you should be. TechnoLawyer provides a number of great newsletters (including IP Memes), and a forum where "technolawyers" can ask one another questions about technology (i.e., "has anyone every used _______ and what did you think about it?"). It is an excellent resource for all tech attorneys, and has an archive which I have searched from time to time with questions (what scanner to purchase, whether I should upgrade to the latest version of __________, etc.). The best part? It is free. Try it, if you don't agree you can easily unsubscribe.

Over the past year Steve Nipper of The Invent Blog has been writing the IP Memes newsletter. IP Memes is described as “a weekly newsletter that explores emerging technology-related intellectual property issues — or “memes” as we call them. Think of it as your coal-mine canary for intellectual property issues.”

Steve has been doing a solid job this past year - Matt and I are both thrilled to be asked to join him to continue IP Memes' tradition of excellence and join some of the IP community's finest commentators and thinkers - including Dennis Kennedy, Denise Howell, Gail Standish, Kevin Grierson and Kurt Calia - all of whom, are IP Memes alumni.

Click the image above to be taken to the signup form for IP Memes and yes, it is just another example of the collaboration taking place over at Rethink(IP). You never know where we might "pop up" next.

Posted by Douglas Sorocco at 08:06 PM.
Permalink: ip memes' newest members

PATENT RESOURCES

September 06, 2005

Carnival of the Capitalists is up at rethink(ip)

Carnival of the Capitalists is up and hosted by Rethink(IP) this week - so stop on over and have a look.  It is pretty darn good, if I may say so myself.

While you are at it - the Blawg Review is hanging out over at Blawg Wisdom It is well worth the look as well.

Enjoy all the carnival goodness out there!

Posted by Douglas Sorocco at 08:13 AM.
Permalink: Carnival of the Capitalists is up at rethink(ip)

PATENT RESOURCES

September 05, 2005

US Patent Office Scammers

From the USPTO website:

An entity or person issuing a document, for example, a "certificate," allegedly by the Chief Financial Officer of the United States Patent and Trademark Office for payment of USPTO fees and lawyer fees is NOT affiliated with the United States Patent and Trademark Office.

The United States Patent and Trademark Office does NOT issue such "certificates." If you have any questions, please call the Office of Independent Inventor Programs at (703) 306-5568.

An entity doing business as the 'United States Trademark Protection Agency'is NOT affiliated with the United States Patent and Trademark Office.

Report or read more about Scams & Fraud(Consumer Sentinel) • "Facts for Consumers" Invention Promotion Firms Brochure


Report Complaint re: Invention Promoter [PDF] also Fillable PDF version

Posted by Douglas Sorocco at 09:24 AM.
Permalink: US Patent Office Scammers

PATENT RESOURCES

August 31, 2005

Pre-Appeal Brief Conference

You've probably heard about the Pre-Appeal Brief Conference by now. If not, you can find out all about it through one of the PTO Notices now available at Rethink(IP) - RSS Mojo.

It seems like a good way to save some time and money during the appeal process. However, there must be some drawbacks. Does anyone have any experience with or opinions about this pilot program?

Posted by Melody Wirz at 08:36 AM.
Permalink: Pre-Appeal Brief Conference
| Comments (1)

PATENT RESOURCES

August 29, 2005

USPTO News and Notices Available via Email - Rethink(IP)

Responding to an overwhelming number of requests for an email subscription option, Rethink(IP) launched an email subscription feed over the weekend.

Powered by FeedBlitz (a great new RSS to email solution : tip of the hat to Matt Homann) – you can sign up over at the Rethink(IP) site or simply add your email address below:

Enter your Email Address Below

The folks over at Rethink(IP) (including me) value your privacy, just like we all value our own.  Rethink(IP) will never sell the names of the folks that sign up - so have no fear.  They will not add to your spam burden.

 

Posted by Douglas Sorocco at 09:01 AM.
Permalink: USPTO News and Notices Available via Email - Rethink(IP)
| Comments (2)

PATENT RESOURCES

August 25, 2005

a patent troll by any other name....

Sometimes you get a sort of zen when reading through your RSS aggregator.  Something similar to randomly listening to your iPod and getting opera followed by glam metal from the 80s.  It just fits together so well that you smile and think “that’s good”.

 

 

This morning these two items were huddled together in one of my FeedDemon watchlists:

 

• Patent Act of 2005 - *Draft* amendment circulated
  
  There has been no formal action on the Patent Act of 2005 (H.R. 2795) since its initial referral to the House Subcommittee on Courts, the Internet, and Intellectual Property. Representative Smith, the original sponsor of the bill, is currently circulating a draft amendment in the form of a substitute.  As of today, this amendment (substitute bill) has not been formally introduced.  The bill as introduced remains the working form of the bill.
   
  
• Myhrvold Claims Patent Problem Is Myth
  
  Not only have fears of a patent crisis been greatly exaggerated, but the U.S. patent system is functioning quite well, Microsoft's former chief technologist said Tuesday. Nathan Myhrvold, now the chief executive of a start-up company that exists to create and license inventions, told a conference here that "before you get worked up about this gigantic problem, you ought to see what the facts are."

Photo of The Glam Rock Band

Posted by Douglas Sorocco at 08:03 AM.
Permalink: a patent troll by any other name....

PATENT RESOURCES

August 23, 2005

RSS at the USPTO: Even a Blind Squirrel...

Down here in the South we have a fondness for “sayings” – “Fast as a duck on a june bug” and so forth.  One of my favorites, however, is “Even a blind squirrel will find a nut once in awhile.” 

Unfortunately, that saying just doesn’t hold true for the United States Patent and Trademark Office.  The Rethink(IP) team (me, Matt, and Steve) just didn’t think it was right that the USPTO only provided official news and notices via a clunky and antiquated website. 

We ranted…. we pleaded… finally, we just acted.

So – this morning we launched the first ever RSS feeds for all the USPTO official news and notices.  As per the Rethink(IP) site:

Today we launch the following four RSS feeds that mimic the categories used by the Office:
 
Official Gazette and Federal Register Announcements (feed:   http://feeds.feedburner.com/RethinkIP_USPTO_OG )
General news items  (feed:   http://feeds.feedburner.com/RethinkIP_USPTO_GEN )
Patent news items  (feed:  http://feeds.feedburner.com/RethinkIP_USPTO_PAT )
Trademark news items  (feed:  http://feeds.feedburner.com/RethinkIP_USPTO_TM )
 
A fifth feed includes ALL items for each of the four categories listed above  (feed:  http://feeds.feedburner.com/RethinkIP_USPTO_ALL )
 
Go ahead and subscribe.  Who knows, you might find yourself actually reading PTO news and notices on a regular basis!

We believe this Rethink(ip) project is a great example of a practical application of RSS technology and we hope it will expand the use of RSS throughout the IP community.  We also hope it will grab the attention of decision-makers at the PTO and encourage them to take a serious look at RSS.

Go on over and have a look, subscribe to a feed… learn more… and more importantly, to the USPTO, please don’t continue to be a blind squirrel. 

 

 

 

 

Posted by Douglas Sorocco at 09:22 AM.
Permalink: RSS at the USPTO: Even a Blind Squirrel...

PATENT RESOURCES

August 17, 2005

What's the Big Deal About Patent Reform, Anyway?

Unless you're a major IP dork (like me), you probably haven't been following all the different versions of currently pending patent legislation. There has been little coverage of the issues in the media, and most of your friends probably don't even realize that the patent system as we know it may be changing drastically. Well, maybe "drastically" is a little strong, but to a patent attorney these are major changes.

So, if you want to be informed, you can read the entire 63-page proposed legislation (HR 2795 IH), or you can get the 4-page Cliffs Notes version: Patent Reform and Why You Should Care.

It isn't too late to contact your representatives in the House or the Senate and let them know how you feel about the changes. Since few people are even aware of the issue of patent reform, your voice can be heard.

For the Okies, you can contact your representatives through the internet. If you aren't sure who your Congressman is, go here first.

• Tom Coburn
• James Inhofe
• John Sullivan (1st District)
• Dan Boren (2nd District)
• Frank Lucas (3rd District)
• Tom Cole (4th District)
• Ernest Istook Jr. (5th District)

Posted by Melody Wirz at 04:02 PM.
Permalink: What's the Big Deal About Patent Reform, Anyway?

PATENT RESOURCES

August 10, 2005

How to do almost anything

While looking for information about invention marketing, I came upon a website telling How to Market Your Patent. I found it informative, so I tried some related links: How to Enforce a Patent and How to Conduct a Patent Search. While I found that the prices and the law were a little dated, my overall impression was that these are useful resources for the average inventor.

The utility of the website eHOW is not limited to patents. In fact, the subheading on the site accurately claims "Clear Instructions on How To Do (just about) Everything. You can pick a category that interests you, then determine if there is anything that you need to know. Have you been wondering how to deliver puppies (pets-dogs), how to brush your toddler's teeth (family/relationships-parenting), or even how to remember names (careers/education-job survival). Then check it out.

Posted by Melody Wirz at 02:03 PM.
Permalink: How to do almost anything

PATENT RESOURCES

July 29, 2005

Patent Prosecution Tips on Translations

In another insightful post from within the USPTO, the anonymous Just a Patent Examiner does a great job of humanizing patent examiners and making collaboration more appealing. I particularly like the following quote which comes from a rant about poor translations, Attorneys' Arguments re: 112 Rejections: "Please, attorneys, help me out here. I just want the specifications and the claims to be understandable and consistent. Is this really too much to ask? Is this not a laudable goal? Shouldn't the examiners and the attorneys be trying to do this???" As always, the comments of the post are insightful, too.

The posts, and related comments on this blog should be required reading for all new patent attorneys and agents.

UPDATE 8-3-2005: I'm terribly sad to report that the beloved "Just a Patent Examiner" has retired from posting. But, you can still check out the archived posts.

Posted by Melody Wirz at 09:41 AM.
Permalink: Patent Prosecution Tips on Translations

PATENT RESOURCES

July 26, 2005

ATTENTION OKLAHOMA INVENTORS!

For Immediate Release

OKLAHOMA CITY July 25, 2005

The annual meeting of the Oklahoma Inventors Congress, OIC will be held Saturday, August 13, 2005 on the Campus of Oklahoma State University in Stillwater in the Advanced Technology Research Center (ATRC) beginning with registration at 8:15 a.m.

The theme for the program presentation, “Focusing on Marketing” will be highlighted by a formal program to be presented by Boshears & Boshears.

Boshears & Boshears is a Tulsa, Oklahoma based firm with satellite offices in Foligno, Italy and provides cutting edge consulting services in the areas of Product, Business, Marketing, Sales and Management Development.

Members of the OIC will have a "juried" product exhibition starting at the 12:00 noon luncheon break. New products developed and Patented by OIC members will be included in the exhibition and will range from medical applications and transportation equipment, to consumer products including safety products for use in law enforcement. The short official annual meeting is scheduled to end by 2:00 p.m.

The OIC is a non-profit membership educational association dedicated to the development and profitable marketing of Intellectual Property for its members. OIC works in conjunction with Inventors Assistance Service (IAS) which is funded by the Legislature thru OCAST.

For more information regarding the Oklahoma Inventors Congress annual meeting or the monthly Oklahoma City OIC Chapter meetings: contact Bill Baker 405-947-6950

For information regarding the monthly Tulsa OIC Chapter meetings contact Jim Quintus 918-274-1037

To RSVP by August 10 for your complimentary OIC Annual Meeting luncheon ticket call: Jill Nuckolls, IAS at: 1-877-577-7632 or 405-744-8727.

Posted by Melody Wirz at 09:29 AM.
Permalink: ATTENTION OKLAHOMA INVENTORS!

PATENT RESOURCES

July 22, 2005

Patent Agency Graduate Program Initiated

Now, people with technical and scientific backgrounds can take a 36 hour Patent Agency program and get a Masters degree. The program will prepare participants to pass the patent bar and give them an understanding of IP law, ethics, patent drafting, prosecution, and litigation.

The program is currently offered in St. Louis, but there are plans to offer the program in other locations as early as next year.

For more, see: Webster U. to offer patent agency graduate program, or Webster University Announces New M.A. in Patent Agency.

Posted by Melody Wirz at 10:00 AM.
Permalink: Patent Agency Graduate Program Initiated

PATENT RESOURCES

June 29, 2005

phosita ::: quick links for 2005-06-29

• After 17 Years in Court, Plaintiff in Festo Fails to Prove Infringement (after two trips to the Supreme Court, it could be over -- as long as there isn't another appeal)
• Application Size Fee Discount from "The Invent Blog" (It's effective July 1, 2005, so it's worth a look)
• The Court Has Ruled So Enter the Geeks What will the response to the Grokster decision be? Perhaps, as stated in the article, the "new standard for software innovation: don't ask, don't sell."
• Supreme Court's unsound decision Could Google be in trouble as a result of the Grokster decision? (registration or viewing of a commercial required)

Posted by Melody Wirz at 09:29 AM.
Permalink: phosita ::: quick links for 2005-06-29

PATENT RESOURCES

May 11, 2005

Patent Tip of the Week

I recently got an interesting question regarding special treatment for older inventors. The question was directed to reduced filing fees in the patent office. While I found no such discount, my studies for the Patent Bar did come flooding back and reminded me of a different kind of special treatment for older inventors. According to the Manual for Patent Examining Procedure (MPEP) § 708.02, there are several different situations where a patent may be examined more quickly. The procedure for asking for this special treatment is called a Petition to Make Special.

• Manufacture (fee required) - If you have the ability to manufacture the invention, but are waiting on a patent before starting.
• Infringement (fee required) - If someone is already infringing your invention.
• Applicant's Health (FREE) - If you would be unable to assist in the full-length patenting process due to medical problems.
• Applicant's Age (FREE) - If you're 65 years of age.
• Environmental Quality (FREE) - If your invention will enhance the quality of the environment.
• Energy (FREE) - If your invention is a new energy resource, or deals with a more efficient use or conservation of energy.
• Recombinant DNA (fee required) - If your invention involves recombinant DNA.
• Superconductivity (FREE) - If your invention involves superconductivity technologies.
• HIV/AIDS and Cancer (fee required) - If your invention treats or cures HIV/AIDS or cancer.
• Countering Terrorism (newly FREE) - If your invention counters terrorism.
• Biotechnology (fee required) - If you are a small entity, and your invention relates to biotechnology.

As patent examination time creeps past 2 years, a "Petition to Make Special" may be useful. Currently, the fee is $130. However, as noted above, several categories require no fee at all.

If you're really in a hurry, check out the previous PHOSITA post, Patent Rights in Under a Month?

Posted by Melody Wirz at 05:22 PM.
Permalink: Patent Tip of the Week
| Comments (2)

PATENT RESOURCES

March 21, 2005

USPTO screencast part 1 - keyword searching patent information

The latest PHOSITA Screencast (or Scrawdcast if you prefer) is here: Searching the US Patent Trademark Office Website for Patent Information.

This screencast walks you through the steps of keyword searching the US Patent and Trademark Office’s online issued patent and pending application database.

The PTO’s websites (uspto.gov) is the first place everyone should start when searching for U.S. patent literature.  Hopefully this short tutorial will get you on your way to searching arcane technologies in no time. 

The second installment of this screencast will walk through the steps of searching by technology classification – a great way to (1) get and stay current in a technology field and (2) keep an eye out on what your competitors may be patenting or filing patent applications.

Drop your online search tips into the comments below and receive some karma in return – the comments are moderated, but I approve them at least twice a day.  If you have any ideas for future screencasts – things you would like to know, have demonstrated etc.  – drop me an email or put it in the comments.

Posted by Douglas Sorocco at 01:37 AM.
Permalink: USPTO screencast part 1 - keyword searching patent information

PATENT RESOURCES

January 12, 2005

Is Canada the Best Place to Sue?

Mondaq (free registration) has a great article, titled Canada: Choosing between Canada and the United States: Patent Law and Litigation.

Depending on the seriousness of the multijurisdictional infringement and the danger it poses, an IP holder might want to sue in one or many jurisdictions. The size and importance of the US market means that litigation in the US is frequently seen as the first logical step. However, there may be situations in which opting to enforce a patent in Canada will be an attractive alternative.

The authors, Andrew Shaughnessy and Andrew Bernstein discuss several topics in this short article, including the following:

• Claim construction - what, no Markman?
• No inequitable conduct
• Limited antitrust remedies
• Procedural differences
• Differences in remedy: injunctions

Posted by at 08:56 AM.
Permalink: Is Canada the Best Place to Sue?

PATENT RESOURCES

January 10, 2005

Attention Oklahoma Inventors

I found a great resource for individual inventors in Oklahoma. The Oklahoma Inventor's Assistance Service is "a non-profit, state-funded, service that helps inventors navigate the invention process from idea to the marketplace through education, information, and referrals." There is quite a bit of information in the links found on the website. One link was surprisingly great. Under "Inventor Resources" in the left frame is a link called "Registration Form." To link directly to the form, click here.

I thought the form collected information for the purpose of statistics or something like that. Imagine my surprise when I got a package in the mail containing about 1/2" of material, including the following:

• Selected Inventions - The SI Program (details on a program that helps with drawings, prototypes, patenting, and manufacturing)
• Information from the Stillwater Patent and Trademark Library
• Inventor's Checklist
• How to Protect Yourself Against Inventor Fraud
• 16 Suggestions for Keeping a Proper Logbook
• Conducting a Patent Search at a Patent and Trademark Depository Library
• Exploring Market Research, Parts A and B
• Disclosure Document Program
• The Oklahoma Inventor Newsletter
• FAQs on Prototyping
• The Legal Side of Inventing
• Let's Get Down to Business
• An Article from Inventors' Digest Online: For Beginning Inventors

Every Oklahoma inventor should take advantage of this valuable service, which is provided at no cost to the inventor.

Posted by at 09:14 AM.
Permalink: Attention Oklahoma Inventors

PATENT RESOURCES

December 27, 2004

patent office raises fees - ticks off businesses

from the Boston Business Journal:

"If (the money) stayed at patent office and improved service, I don't think people would complain," Lando said.

 

Posted by Douglas Sorocco at 11:58 AM.
Permalink: patent office raises fees - ticks off businesses

PATENT RESOURCES

December 14, 2004

Save Money on Patents - File Electronically

Russ over at Anything Under the Sun Made By Man recently posted Silver Lining to Fee Increases.

With the new legislation on fees for patents, comes some structural change. Now you can save 50% on filing fees by using electronic filing. While it requires learning the software, it may actually save time as well as money. For more information, go to the USPTO site. If you have technical problems, here is a good place for help.

You may also want to review a previous PHOSITA post, File A PCT Patent Application In Your Pajamas.

Posted by at 09:24 AM.
Permalink: Save Money on Patents - File Electronically

PATENT RESOURCES

December 13, 2004

Inventor Tax Update

As many of you already know, the fee increase for the USPTO is official. As of last Wednesday, fees have increased again. That's two fee increases in a little over 2 months. President Bush signed the Consolidated Appropriations Act for 2005 on December 8, 2004, effective immediately.

Unfortunately for inventors, these fees will continue to fund non USPTO programs.

In a current lawsuit, one inventor claims this is unconstitutional. The U.S. Constitution states "The Congress shall have Power . . . To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." This inventor reasons that fee diversion is actually a tax on inventors, which fails to promote progress. Since the fees paid by inventors currently provide funding the general welfare, this is an interesting position.

For more information on the lawsuit (which was filed in 2001), click here.

For prior PHOSITA postings on the legislation and related issues, click on the appropriate link below:

• Inventor's Tax - November 18, 2004
• Another USPTO Fee Increase? - November 11, 2004
• Tech Lobbyists Spending Millions - May 20, 2004
• Patent Office Revised Fee Chart - May 3, 2004
• Senate Judiciary Committee Passes PTO Anti-Fee Diversion Bill - April 29, 2004
• Patent Office User Fee Diversion - March 8, 2004
• Higher Patent Office Fees? Interesting - February 23, 2004
• President Bush's Budget Patent Friendly - February 3, 2004

Posted by at 09:48 AM.
Permalink: Inventor Tax Update

PATENT RESOURCES

December 08, 2004

How to Find a Qualified Person to Write Your Patent

I found an interesting post on ipnewsblog yesterday. It was about patent preparation services being auctioned on ebay. I followed the link and found an "invention agent" offering to prepare an entire patent application for a great price. Since my paren