Patent Law

Tafas v. Dudas; SmithKline Beecham Corp. v. Dudas - USPTO Denied Summary Judgement.

Posted on April 01, 2008
Read the opinion of Judge James C. Cacheris in the Eastern District of Virginia here.  Commentary to follow. Hat tip to the Patent Prospector.

USPTO-IP Australia Patent Prosecution Highway Pilot Program.

Posted on April 01, 2008
The USPTO and the Australian Patent Office (IP Australia) have agreed to a trial program allowing applicants to fast-track patent applications.  Under the Patent Prosecution Highway (PPH) programs, an applicant receiving a ruling from either Patent Office that at least one claim in an application is patentable may request that the other Patent Office fast track the examination of [...

Commissioner Jon Dudas Says USPTO Is All About Staying ?Technology Neutral?.

Posted on March 30, 2008
  Excerpts below from a recent interview with Commissioner Jon Dudas, via C|NET News.com:  Patent Commissioner Jon Dudas says his office is all about staying “technology neutral,” so long as the invention meets certain standards. “The system we’ve had has worked to promote technology for 200 years, and it can do that in the software industry, so [...

They Invented What? (No. 92)

Posted on March 26, 2008
U.S. Pat. No. 5,255,452:  Method and means for creating anti-gravity illusion.   I claim: 1. A system for engaging shoes with a hitch mans to permit a person standing on a stage surface to lean forwardly beyond his or her center of gravity, comprising:           at least one shoe having a heel with a first engagement means, said first [...

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The Official Cisco Blog on Blogging.

Posted on March 25, 2008
  In light of the recent self-unmasking of the Patent Troll Tracker as Cisco employee Rick Frenkel (and particularly in view of the recent litigation surrounding his anonymous blogging), Cisco has implemented a new corporate blogging policy, which notably states:  If you comment on any aspect of the company?s business or any policy issue in which the [...

They Invented What? (No. 91)

Posted on March 21, 2008
U.S. Pat. No. 2,160,756:  Slipper.  

Futurist and Author Arthur C. Clarke Dead at 90.

Posted on March 18, 2008
Arthur C. Clarke, celebrated science fiction writer with more than 100 books on space, science and the future, died this past week at the age of 90. Clarke had been a spot-on visionary on a number of technologies, including the principles of satellite communication with satellites in geostationary orbits and the development of a “global [...

Change in Procedure for Requests to Withdraw from Representation In a Patent Application.

Posted on March 18, 2008
The USPTO is revising its procedures for handling requests to withdraw from representation by a practitioner of record in a patent application.  See the official notice here. Under the revised procedure, the Office will no longer require that there be at least 30 days between a) approval of the request to withdraw as a practitioner of [...

March Madness Trademark?

Posted on March 17, 2008
  Per the Miller Small Business IP blog:  Is “March Madness” considered a trademark?  The short answer is yes, as decided by the United States District Court for the Northern District of Texas, Dallas Division in 2003.  There is actually a class of registered trademarks owned by the March Madness Athletic Association...

Amendments to S.1145 Prior to Floor Debate.

Posted on March 13, 2008
Per Zura’s 271 blog today, regarding recently release amendments to the Patent Reform Act of 2007:  The Senate has released the latest amendments to the Patent Reform Act in advance of Senate Floor Debate: Interlocutory appeals: limits interlocutory appeals of claim construction orders to those which the district court determines have a reasonable basis for disagreement, and [...

USPTO Independent Inventors Online Chat Transcripts.

Posted on March 13, 2008
The U.S. Patent Office regularly schedules On-line Chats for independent inventors to ask questions about the patenting process.  The transcript from the chat held on February 28th, 2008 is now available here.  Transcripts from each of the chats held from October 2004 to the present may be found here...

They Invented What? (No. 90)

Posted on March 12, 2008
U.S. Pat. No. PP17610:  Papaver plant named ‘Miss Piggy’.   What is claimed is: 1. A new and distinct cultivar of Papaver plant named ?Miss Piggy?, as illustrated and described.

Importance of Patentability Searching.

Posted on March 08, 2008
The Patent Prospector has a well written post today that creatively ties the USPTO’s recent comments concerning the plummeting allowance rate to the advantages of performing a good prior art search prior to preparation of a patent application.  A highly suggested read if you have a few minutes to spare...

They Invented What? (No. 89)

Posted on March 05, 2008
U.S. Pat. No. 5,380,237:   Snowman accessory kit.     What is claimed is: 1. An accessory kit for a snowman having a head, an upper torso body and a lower torso body, all made of packed snow, which comprises:      a) a set of decorative articles having a circumference and a longitudinal axis;      b) means for inserting each of said [...

Testimony at ?USPTO Oversight Hearing? on February 27, 2008.

Posted on February 28, 2008
On February 27, 2008, USPTO Director Jon Dudas spoke before the U.S. House of Representatives Committee on the Judiciary in a “USPTO Oversight Hearing”.  His prepared testimony may be found here.  Others who also gave testimony include Robin Nazzaro from the U...

They Invented What? (No. 88)

Posted on February 27, 2008
U.S. Pat. No. 3,398,406:  Buoyant bulletproof combat uniform. JW Note:  I need to have a talk with my draftsperson about the quality of his drawings!  :-)   What is claimed is: 1.  An antiballistic garment comprising a body covering portion, said body covering portion having inner and outer layers, said outer layers comprising a plurality of horizontal, parallel rib [...

Wiki Community Patent Review Update.

Posted on February 26, 2008
  Many months ago, we had posted on WikiPatents, an online community designed to review U.S. patents and published applications. WikiPatents has the largest database of patents on the Internet that are open for public comment.  The site allows PDF downloading of patents and free patent translation into multiple languages...

The Invention of the Peacemaker.

Posted on February 24, 2008
   On this day in history in 1836, the American inventor and industrialist Samuel Colt received a patent for a “revolving gun”, of which a popular later version was nicknamed the “Peacemaker“.  Mr. Colt had exhibited an early aptitude for mechanical innovation, and first applied for a patent on his revolver at the age of 18...

Patent Troll Tracker Revealed.

Posted on February 23, 2008
  Per this post, a fellow patent law blogger known as the “Troll Tracker” has revealed himself to be Rick Frenkel, an in-house patent attorney for Cisco Systems, Inc. in San Jose, California.  A sad day indeed, following the apparent discovery of the Troll Tracker’s identity by someone out to collect the bounty of $15,000 being offered [...

The Evolution of MPEP 2143 - Prima Facie Case of Obviousness.

Posted on February 23, 2008
  The USPTO has recently provided an online Manual of Patent Examination and Procedure (MPEP) archive containing copies of the MPEP revisions and editions from 1948 to 2006. The most recent evolution of the obviousness standard in light of KSR Int?l Co...

19 and Oh, This Warms The Heart

Posted on February 22, 2008
Admittedly, the tenor of this post will be somewhat jaded. Afterall, this blogger is a native Hoosier and diehard Indianapolis Colts fan. To those that follow the NFL, you already understand why the Superbowl loss of the New England Patiots warms my heart during these frigid winter months...

In His Own Sweet Voice.

Posted on February 19, 2008
  Section 45 of the Lanham Act defines a trademark as: ?any word, name, symbol, or device, or any combination thereof - (1) used by a person or (2) which a person has a bona fide intention to use in commerce . . . to identify and distinguish his or her goods ...

They Invented What? (No. 87)

Posted on February 19, 2008
U.S. Pat. No. 7,062,320:  Device for the treatment of hiccups.   What is claimed is: 1. A device for curing hiccups, comprising: a metallic cup-like vessel being a first electrode for producing electricity adapted to be applied to the lip of the user; and a second electrode electrically insulated from said first electrode being affixed to said [...

President?s Day 2008 and the Abraham Lincoln Patent.

Posted on February 18, 2008
  The third Monday in February is President’s Day - a federal holiday honoring all who have served as U.S. President, and particularly, President Washington and President Lincoln (two notable presidents having had birthdays in February).  President Lincoln also has the distinction of being the only president to have been issued a patent (U...

In Re Bilski - En Banc Hearing Relating to Business Method Patents.

Posted on February 18, 2008
CAFC Orders Hearing En Banc of a BPAI Decision That Non-Machine-Implemented Business Methods Are Non-Patentable Subject Matter. (Fed. Cir. 2008, 07-1130 order) The following are the issues as stated in the CAFC’s sua sponte order relating to the Board of Patent Appeals and Interferences decision in Ex Parte Bilski (BPAI 2006): The court by its own action grants a hearing en banc...

A Definitive Patent-Meme?

Posted on February 17, 2008
  Anticipate This!? was recently named in Brett Trout’s BlawgIT blog as part of his definitive patent-meme - a list of “all the important patent law blogs in one place”.  The inclusion of our blog on this list (albeit as a late entry) was certainly flattering...

2008 Inductees to National Inventors Hall of Fame.

Posted on February 17, 2008
The National Inventors Hall of Fame (NIHF) announced this past week the 2008 class of inductees.  Founded in 1973 by the USPTO and the National Council of Intellectual Property Law Associations, the Hall of Fame presently administers such national programs as the Camp Invention® and Club Invention® programs, the Invent Now® initiative, and the Collegiate [...

Vote on Patent Reform Delayed; Senators Remain Optimistic?

Posted on February 15, 2008
Various commentators are posting today that a vote on the Patent Reform Act of 2007 may be slipping now to April at the earliest.  (See IAM Blog and the Patent Prospector).  The PLI Blog’s sources indicate that such a delay could likely mean no action will be taken on patent reform this year...

In Re Petrus A.C.M. Nuijten - CAFC Rehearing Denied.

Posted on February 12, 2008
Dissent stating that the distinctions drawn between signals and storage media containing those signals are artificial at best.  (Fed Cir. 2008, 06-1371o) As stated in our original post on In Re Petrus A.C.M. Nuijten., the CAFC has previously held that a transitory, propagating signal cannot be patentable subject matter...

Happy National Inventor?s Day 2008.

Posted on February 11, 2008
Per Wikipedia: In recognition of the enormous contribution inventors make to the nation and the world, the Congress, pursuant to Senate Joint Resolution 140 (Public Law 97 - 198), has designated February 11, the anniversary of the birth of the inventor Thomas Alva Edison who had over 1,000 patents, as National Inventors’ Day...

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