Patent Law

Bilski-Hitler Satirical Video.

Posted on November 18, 2009
JW Note:  Hat-tips to Zura’s 271 Blog and IPBIZ.  Hilarious spoof on Youtube related to the ongoing Bilski v. Kappos case being considered at the SCOTUS.  Apparently some patent attorney has had way too much time on his hands.  Enjoy!      Posted in General Commentary

NYT Op-Ed ? Inventing a Better Patent System.

Posted on November 18, 2009
An interesting op-ed article at the New York Times this week by Robert C. Pozen, the chairman of MFS Investment Management and a lecturer at Harvard Business School, on reforming the patent system in the United States.  Check it out here. Posted in General Commentary

They Invented What? (No. 153)

Posted on November 13, 2009
U.S. Pat. No. 5,741,240: Float tube urinal.   What is claimed is: 1. A containment device for receiving and containing urine and being capable of direct attachment and support along a leg of an individual between the leg and external forces that would tend to collapse the containment device against the leg, the containment device being configured for [...

?Patentable Subject Matter After the Bilski Oral Argument? Webcast ? November 19, 2009.

Posted on November 12, 2009
The American University, Washington College of Law (WCL) is cosponsoring a program on November 19, 2009, titled ?Patentable Subject Matter After the Bilski Oral Argument?.  Per the WCL website: A Telecast by the Program on Information Justice and Intellectual Property, Washington College of Law, American University and the Federal Circuit Bar Association November 19, 2009, 4:30-6:30 pm Washington College [...

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USPTO Director Kappos Launches Blog.

Posted on November 10, 2009
Per this press release today at the USPTO:  Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) David Kappos today launched a blog to foster a direct dialogue with the USPTO?s stakeholders and the general public...

Scheduled SCOTUS Oral Arguments in Bilski v. Kappos ? November 9, 2009.

Posted on November 09, 2009
Oral arguments in Bilski v. Kappos are scheduled for today, November 9, 2009.  Previous AT! coverage of Bilski here, here, here, and here. In short, the CAFC in Bilski has held that business methods are not patentable unless they satisfy the machine-or-transformation test...

Bilski v. Kappos: Notable Quotes from the Oral Arguments.

Posted on November 09, 2009
The link to the transcript for the November 9th oral arguments before the SCOTUS in Bilski v. Kappos can be found here. Per usual, we will preface our thoughts with the following disclaimer:  ?It is generally a futile effort to predict how the Supreme Court will rule on any given issue...

They Invented What? (No. 152)

Posted on October 28, 2009
U.S. Pat. No. 5,878,931:  Halloween backpack. JMW Note:  Wishing all a Happy and Safe Halloween 2009!   What is claimed is: 1. A Halloween backpack for a child comprising:           a hollow container having an outer surface, said hollow container adapted to be worn as a backpack on the back of a child,           means for releasable mounting of said hollow [...

They Invented What? (No. 151)

Posted on October 15, 2009
U.S. Pat. No. 4,828,531: Synthetic eye simulating eyeball movement.   I claim: 1. An artificial eye which when mounted on the head of a toy figure appears to follow an observer as he changes his angular orientation with respect to the eye, said eye comprising:           A...

New USPTO Website (No Longer Beta!)

Posted on October 12, 2009
As we had earlier reported, the USPTO had been working on a beta version of a new USPTO web site.   Well, as of today, the new website has gone live. (See www.uspto.gov).    According to the USPTO, the Office of the Chief Information Officer (OCIO) had been working to incorporate comments and feedback from internal and external users on the beta [...

They Invented What? (No. 150)

Posted on October 07, 2009
U.S. Pat. No. 3,677,263:  Portable bath capsule.   I claim: 1. A capsule for administering bed baths, comprising;           an elongated sheath of strong, flexible, fluid tight material dimensioned to accomodate and completely enclose the entire body of the patient excepting the head;           said sheath having a neck opening capable of being closed reasonably tightly about the neck of [...

Proposed Changes to USPTO Examiner Count System.

Posted on October 01, 2009
Yesterday, the USPTO announced a proposal to change the examiner count system.  The examiner count system determines the time a patent examiner has to complete a patent examination and how much credit is given for each stage of the examination.  The proposal was developed by a task force comprised of senior managers in the USPTO and [...

They Invented What? (No. 149)

Posted on September 24, 2009
U.S. Pat. No. 5,983,411:  Toilet tank aquarium.   What is claimed is: 1. A toilet, comprising: a toilet bowl assembly;  a toilet tank assembly being coupled to said toilet bowl assembly;  said toilet tank assembly having a top, a front, a back, and a pair of sides, said front, back and sides of said toilet tank assembly [...

They Invented What? (No. 148)

Posted on September 09, 2009
U.S. Pat. No. 6,865,843:  Portable Electrical Mouse Trap. JW Note:  This is a first for our TIW? series . . . a repeat!  This TIW? originally debuted as TIW? No. 6, back on June 28, 2006.  However, in view of the aweseome video below by Daniel Wright at Patently Silly, recently found at Youtube, we thought [...

Commissioner for Patents John Doll to Retire; Robert L. Stoll Nominated as Successor.

Posted on September 04, 2009
Per this press release at the USPTO website yesterday: USPTO Announces Senior Management Changes Commissioner for Patents John Doll to Retire; Robert L. Stoll Nominated as Successor Margaret Focarino Named Deputy Commissioner WASHINGTON – The Department of Commerce?s United States Patent and Trademark Office (USPTO) today announced significant changes among the senior management team of its Patent organization...

They Invented What? (No. 147)

Posted on August 26, 2009
U.S. Patent No. 6,929,164: Neck wrap/brace for holding items and belt article holder for same.   What is claimed is: 1. A neck wrap/brace for holding items, comprising: a neck strap adapted to be wrapped about a neck of a person; a securing arrangement for securing together opposite ends of the neck strap in a loop configuration to [...

Swearing-In Ceremony for USPTO Director David Kappos.

Posted on August 14, 2009
Video via the News@USPTO.  The prepared remarks for the ceremony may also be found here. Posted in General Commentary

They Invented What? (No. 146)

Posted on August 13, 2009
U.S. Pat. No. 6,681,419:  Forehead support apparatus.   What is claimed is: 1. A forehead support for resting a standing user’s forehead above a wall mounted urinal comprising: a mounting member adapted for substantially permanent attachment to an upright bathroom wall above the urinal; a forehead support member attached to and extending from said mounting member; said forehead support [...

David Kappos Confirmed as Patent and Trademark Office Director.

Posted on August 07, 2009
Per this press release at the USPTO today: The U.S. Senate today confirmed David Kappos as the new Under Secretary of Commerce for Intellectual Property and Director of the U.S Patent and Trademark Office (USPTO). U.S. Commerce Secretary Gary Locke issued the following statement: ?We are grateful to the Senate for its swift confirmation of David Kappos to lead [...

They Invented What? (No. 145)

Posted on July 30, 2009
U.S. Patent No. 3,307,285:  Pneumatic method for catching or scaring fish.   What is claimed is: 1.  A method of preventing movement of aquatic organisms in a body of water toward a prohibited region thereof comprising:  placing at least one pneumatic shock wave generating device in said body of water between said prohibited region and said aquatic organisms; [...

The Vendor-Client Relationship Video.

Posted on July 30, 2009
As first seen at Peter Zura’s 271 Patent Blog here.  Absolutely hilarious, and shockingly familiar to many practitioners.  Enjoy! Posted in General Commentary

Implementation of USPTO e-Office Action Program.

Posted on July 22, 2009
Per this press release at the USPTO yesterday: ?We received very positive feedback from applicants who participated in the pilot program,? said Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO John Doll. ?Not only have we dramatically reduced paper processing and mailing costs but also expedited notification allowing applicants to [...

They Invented What? (No. 144)

Posted on July 22, 2009
U.S. Patent No. 6,854,374:  Explosion containment net.   I claim: 1. A system capable of minimizing an explosive force of an explosive-laden device, the system comprising: a net manufactured from an explosion containment material, the net having an outer periphery, a central point and a nozzle located at the central point; a gun capable of propelling the net; [...

Edge of Discovery.

Posted on July 18, 2009
CNN operates an interesting website titled “Edge of Discovery“.  The website has the following tagline: Around the globe — and throughout the universe — innovations are not only creating breakthroughs in technology but changing the way we live our daily lives...

The Basics: How Do I Get A Patent?

Posted on July 18, 2009
J. Douglas Miller had a nice post at his blog, Small Business IP Protection and Management, on how individual inventors and small businesses can get started along the patenting process.  Since patent practitioners often field such questions, we thought it worthwhile to reproduce Doug’s thoughts below...

2nd Annual Quad City Symposium ? Pushing the Envelope on IP Reform.

Posted on July 14, 2009
The 2nd Annual Quad City IP Symposium will be held this Friday, July 17, 2009 at the University of Dayton, from 8:00 AM ? 12:00 PM.  The title of the Symposium is “Pushing the Envelope on IP Reform”.  The Symposium is co-sponsored by the Cincinnati, Dayton, Columbus, and Toledo IPLAs, and has been approved in Ohio for 3...

The Top 50 Patent Blogs.

Posted on July 12, 2009
We are pleased to announce that the Anticipate This!? | Patent and Trademark Law Blog (AT!) has been ranked in the top-20 patent blogs of the Internet.   The admittedly non-scientific survey was conducted by Gene Quinn at IPWatchdog, and took into consideration objective links and traffic data, and the results of a poll administered at his website...

Appointment of Former Commissioner for Patents Nicholas Godici to USPTO Consultant Position.

Posted on July 08, 2009
Per a USPTO press release issued earlier today: Commerce Secretary Gary Locke Takes Key Step to Address Patent and Trademark Office Challenges U.S. Commerce Secretary Gary Locke today announced the appointment of former USPTO official and long-time patent professional Nicholas Godici to look at ways to strengthen the management structure of the USPTO and provide an up-to-date [...

Michael Jackson, King of Pop and Patentee.

Posted on July 01, 2009
    Per Dave McClaughry’s post at his new music industry-related patent blog, the recently deceased Michael Jackson was listed as a co-inventor on U.S. Pat. No. 5,255,452, titled “Method and Means for Creating Anti-Gravity Illusion”...

They Invented What? (No. 143)

Posted on July 01, 2009
U.S. Pat. No. 3,656,459:  Excrement receptacle device for animals.   I claim: 1. An excrement receptacle device for an animal comprising: a harness for support of the device on an animal, a hollow conduit tube having forward and rearward portions and constructed of a material which provides a normal self-sustaining shape for said tube in which an open [...

They Invented What? (No. 142)

Posted on June 18, 2009
U.S. Pat. No. 6,805,607: Scented doll with the appearance of an aged person.   What is claimed is: 1. A doll comprising: a permeable body covering, wherein said permeable body covering includes a torso portion, a pair of arm portions, a pair of leg portions, and wherein said permeable body covering is sewn to form a closed [...

David J. Kappos, Nominee for Director of the USPTO.

Posted on June 18, 2009
Per this White House press release today. President Obama announced his intent to nominate the following individuals today: David J. Kappos, Nominee for Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office Mr...

Review: Burning the Ships: Intellectual Property and the Transformation of Microsoft.

Posted on June 17, 2009
  Burning the Ships, by Marshall Phelps and David Kline, provides a unique, behind-the-scenes insight into the decisions behind Microsoft’s internal evolution in intellectual property policy.  The reasons provided for the demise of the non-assertion of patents or “NAP” clause, for example, is particularly interesting...

New USPTO Web Site (Beta).

Posted on June 14, 2009
The USPTO has announced the beta test release of its new web site.  According to the USPTO, the new site has been redesigned to improve the look and feel, as well as to enhance the user experience with improved navigation. The USPTO’s goal is to make the Web site technologically up-to-date, user-friendly, and responsive to [...

They Invented What? (No. 141)

Posted on June 11, 2009
U.S. Pat. No. 260,379:  Grave-signal.   Having thus fully described my said invention, what I claim as new, and desire to secure by Letters Patent, is - 1.  A grave signal the essential features whereof are a tube leading to the coffin or casket, a signal-flag therein, a spring by which said signal-flag may be forced vertically upward [...

They Invented What? (No. 140)

Posted on June 03, 2009
U.S. Pat. No. 5,421,089:  Fork with timer.   What is claimed is: 1. A fork with timer for providing a cue to a user after an elapsed period of time for indicating that another bite of food using the fork may be taken comprising, in combination:          a rigid dinner fork having a head, four spaced and aligned tines [...

SCOTUS Grants Cert in Bilski.

Posted on June 01, 2009
The United States Supreme Court granted certiorari today (courtesy of SCOTUS Blog) in the case Bilski v. Doll. See previous AT! coverage of Bilski here, here, and here. In short, the CAFC in Bilski has held that business methods are not patentable unless they satisfy the machine-or-transformation test...

IPWatchdog -Top Patent Law Blogs Vote.

Posted on May 31, 2009
Well, we originally weren’t going to post a link to Gene Quinn’s recent IPWatchdog poll on the top patent law blogs (in which AT! was kindly named), in an effort to not overtly ”skew” or “boost” our ratings.  However, we have succumbed to the pressure...

They Invented What? (No. 139)

Posted on May 28, 2009
U.S. Pat. No. 7,137,935: Office gym exercise kit.   What is claimed is: 1. An exercise kit for attachment to a chair having a central post, a base, and a chair back support, said exercise kit comprising:          (a) a generally T-shaped flexible body constructed of flexible fabric, the top of the T-shaped flexible body comprising a generally rectangular [...

Poor Man?s Opposition.

Posted on May 28, 2009
Continuing our earlier discussions on how art may be submitted to the USPTO by third parties for pending patent applications (see post on Protests here, and post on Third Party Submissions here), one option to be considered is the so-called “poor man’s opposition”...

They Invented What? (No. 138)

Posted on May 20, 2009
U.S. Pat. No. 4,834,212:  Sound muffler for covering the mouth.   We claim: 1. A human sound muffler and indicator comprising a unitary body adapted to be grasped and manipulated by a user, at least one end of said body comprising a saddle shaped body of compliant sound absorbing foam material adapted to fit over the mouth of a [...

USPTO to Establish TC Ombudsman Positions.

Posted on May 19, 2009
Per this interview at IPWatchdog with Peggy Focarino, Acting Commissioner for Patents at the USPTO, the Office may be implementing a Technology Center (TC) -level “Ombudsman” position as part of an overall effort to improve the patent application process...

Upcoming CLE Event - Role of the U.S. Patent Examiner; Patent Examiner Training Academy.

Posted on May 06, 2009
  As some of our readers may know, I currently preside over the Toledo Intellectual Property Law Association (TIPLA).  TIPLA has organized a number of great CLE events this year (and shall remain my number one excuse for the sparse postings to AT! over the past several months)...

They Invented What? (No. 137)

Posted on May 06, 2009
U.S. Pat. No. 6,743,460:  Tomato raisin.  What is claimed is: 1. A method of producing a tomato raisin, comprising:      (a) removing the skin from a grape tomato to produce a skinless grape tomato; and      (b) drying said skinless grape tomato to produce a tomato raisin...

Upcoming CLE Event - Role of the U.S. Patent Examiner; Patent Examiner Training Academy.

Posted on April 28, 2009
  As some of our readers may know, I currently preside over the Toledo Intellectual Property Law Association (TIPLA).  TIPLA has organized a number of great CLE events this year (and shall remain my number one excuse for the sparse postings to AT! over the past several months)...

Third-Party Submissions: Providing Relevant References to the USPTO, Part II

Posted on April 20, 2009
        We continue our discussion of how patent practitioners may submit art to the USPTO that may invalidate a patent or result in §102 or §103 rejections of pending applications. Many are aware, of course, of the methods of bringing new art to the USPTO?s attention with respect to issued patents, for example:  Ex Parte Reexaminations (see MPEP 2200 et [...

Upcoming CLE Event - Role of the U.S. Patent Examiner; Patent Examiner Training Academy.

Posted on April 17, 2009
  As some of our readers may know, I currently preside over the Toledo Intellectual Property Law Association (TIPLA).  TIPLA has organized a number of great CLE events this year (and shall remain my number one excuse for the sparse postings to AT! over the past several months)...

They Invented What? (No. 136)

Posted on April 16, 2009
U.S. Pat. No. 6,415,807: Decoy hunting/observing blind.   I claim: 1. A blind comprising in combination: a housing in the form of a hollow shell, said shell having segmental wall portions, and opposite sides of said shell terminating at a lower annular edge, said shell being sized to accommodate a hunter or observer in an upright position therein; said [...

They Invented What? (No. 135)

Posted on April 08, 2009
U.S. Pat. No. 3,234,948:  Cheese-filter cigaret. JW Note: The inventor observes that “it is preferred to use a hard cheese as exemplified by Parmesan, Romano or Swiss cheese . . . [however] Aged Cheddars and other “hard” cheeses may also be used”...

They Invented What? (No. 134)

Posted on April 01, 2009
U.S. Pat. No. 4,756,555: Wing apparatus for skiers. JW Note: Many thanks to Stephen Nipper at The Invent Blog for bringing this patent to our attention.   What is claimed is: 1. Apparatus for creating aerodynamic lift to a downhill skier, comprising harness means adapted to be worn by said skier, a left wing structure operatively carried by said harness [...

They Invented What? (No. 133)

Posted on March 30, 2009
U.S. Pat. No. 7,488,244: Apparatus for skinning squirrels. JW Note: We noticed this at the new 12:01 Tuesday patent law blog. Looks like a great new patent blog.  Check it out!   What is claimed is: 1. An apparatus that aids in the skinning and cleaning of a squirrel comprising: (A) a base plate comprising a solid metal form with [...

Tafas v. Doll.

Posted on March 21, 2009
CAFC Finds the USPTO Final Rules Limiting Continuations to Conflict With 35 USC 120, But Final Rules Limiting Claims, RCEs, and ESDs are Within USPTO’s Rulemaking Authority. (Fed. Cir. 2009, 08-1352) Triantafyllos Tafas, SmithKline Beecham Corporation, and Glaxo Group Limited (collectively “Appellees”) originally filed suit against the USPTO in relation to Final Rules published by the USPTO that placed [...

They Invented What? (No. 132)

Posted on March 19, 2009
U.S. Pat. No. 6,688,105: Iceberg utilization process improvement.   What is claimed is: 1. An improved method for the process of utilizing icebergs for supplying fresh water to arid geographical areas comprising the steps of selecting an iceberg, insulating the iceberg, moving the iceberg to its destination, and capturing melt water for distribution wherein improvements comprise:           selecting a [...

They Invented What? (No. 131)

Posted on March 12, 2009
U.S. Pub. Appl. No. 2008/0172175: Funny/humorous/abusive GPS system or navigation system. BACKGROUND OF THE INVENTION GPS or navigation system is a gadget which with the help of a satellite guides you when you are driving a vehicle and gets you to your desired destination...

Patent Reform Act of 2009.

Posted on March 03, 2009

Methinks Thou Doth Protest Too Little: Providing Relevant References to the USPTO.

Posted on March 03, 2009

They Invented What? (No. 130)

Posted on February 25, 2009
U.S. Pat. No. 6,060,700: Microwave oven with removable storage cassette in dashboard of motor vehicle.   What is claimed is: 1. A microwave oven adapted for use within a motor vehicle dashboard area, said oven comprising a cavity wherein foods and beverages are heated by a microwave generating magnetron powered directly or indirectly by power source means, said [...

USPTO Deferred Examination Roundtable Video Available.

Posted on February 24, 2009
A video of the USPTO roundtable discussion 0n February 12, 2009, relating to a potential “deferred examination” or “request for examination” procedure, has been made publicly available here.   As stated at the USPTO website, the purpose of the roundtable was to obtain public input on the practice from diverse sources and differing view points...

They Invented What? (No. 129)

Posted on February 19, 2009
U.S. Pat. No.6,926,629:  Attachment for blade of hockey stick.   BACKGROUND: A hockey stick is a structure that can hit an object, such as a hockey puck, with great force, with great control, and over a relatively great distance. For example, when hit by a hockey stick, a hockey puck can fly from one end to another end [...

Increase in Wikipedia Citations During Examination.

Posted on February 19, 2009
The Patent Librarian has an interesting post this week on the increasing number of Wikipedia citations during patent prosecution, by both applicants and examiners (despite the ban by the USPTO).  Specifically, the Patent Librarian has stated: Back in September 2006, the USPTO ordered examiners to stop using Wikipedia as a source of information for determining the [...

Manufacturing Letter on Patent Reform to President Obama.

Posted on February 15, 2009
A joint  letter from 135 U.S. manufacturers to President Obama, dated February 10, 2009,  has been circulating the patent blogosphere recently.   In the letter, the manufacturers caution against drastic changes to U.S. patent law, such as reducing penalties for patent infringement, which they believe will discourage innovation and result in reduced investment and lost jobs in our country...

They Invented What? (No. 128)

Posted on February 04, 2009
U.S. Pat. No. 5,182,857:  Shaving apparatus.   What is claimed is: 1. A shaving apparatus comprising a housing (10) and a shear plate (11) with a hair entry slot (24) wherein inside the housing (10) there is provided a device (12) for generating a laser beam (13) which acts as a cutting means and which impinges on the [...

New Inter Partes Reexamination Treatise.

Posted on February 02, 2009
Matthew A. Smith, a member of the adjunct faculty at George Washington University Law School and a Foley Lardner attorney experienced in reexamination, has now published a practical treatise on inter partes reexamination.  Mr. Smith has provided a sample copy of this book, free for copying and redistribution...

USPTO Virtual Job Fair.

Posted on February 02, 2009
Via the Just-n-Examiner blog today: On February 10th, the USPTO will host two virtual booths at the CareerBuilder.com Engineering Virtual Career Fair online, from 9AM to 8PM EST.  Candidates can visit the USPTO virtual “Entry Level” or “Electrical Engineering” booth to learn about the USPTO and obtain key agency information such as patent examiner vacancy announcements, [...

U.S. Patent Office to Host Roundtable on Deferred Examination.

Posted on January 28, 2009
Per a press release at the U.S. Patent and Trademark Office website today: In response to suggestions from stakeholders in the intellectual property (IP) community that the USPTO adopt some form of a deferred examination procedure, the agency will conduct a public roundtable discussion on the topic on Thursday, February 12, 2009, from 9 a...

They Invented What? (No. 127)

Posted on January 28, 2009
U.S. Pat. No. 6,650,315:  Mouse device with a built-in printer.   What is claimed is: 1. A mouse device for use as an input device of a computer, said mouse device comprising: a housing in which recording paper is loadable; and a printer unit provided within the housing for printing on the recording paper print information received from [...

They Invented What? (No. 126)

Posted on January 21, 2009
U.S. Pat. No. 4,377,249:  Belt buckle gun holder.   I claim: 1. A belt buckle adapted for use as a holder for a gun, comprising means for receiving a gun, said means also retaining said gun on said buckle, some of said means comprising a cover over said gun and being releasable to permit said gun to be [...

They Invented What? (No. 125)

Posted on January 15, 2009
U.S. Pat. No. 3,841,328:  Airplane Hijacking Injector.   Having described my invention, I claim: 1. Injector apparatus comprising, a general frame; a rigid sheet having an opening extending therethrough; means to secure said rigid sheet to said frame; a door; means to moveably secure said door to said rigid sheet; a resilient cushion supported by said rigid sheet; [...

Analysis of USPTO Continuing Education for Practitioners (CEP) Pilot Program.

Posted on January 15, 2009
As indicated in this previous AT! post, we had participated in the USPTO’s Continuing Education for Practitioners (CEP) Pilot Program.  As part of the pilot, the USPTO solicited comments and suggestions from participants relating to the perceived positive and negative aspects of the pilot...

Suggestions for Patent Reform in the 111th US Congress.

Posted on January 10, 2009
Most practitioners are well aware that the ill-conceived Patent Reform Act of 2007 died in Congress last year.  Indeed, the bill was widely opposed, and many of us found it surprising that the bill actually passed the House before going down in flames in the Senate...

They Invented What? (No. 124)

Posted on January 07, 2009
U.S. Pat. No. 5,419,345:  Hairpiece.   What is claimed is: 1. A hairpiece attachment device for attaching a hairpiece to a central scalp bald area of a user’s head, said device comprising:           a first component attachable to said central scalp bald area, said first component having an inner edge and a first plurality of hinge-type hollow cylindrical segments [...

Welker Bearing Co. v. Phd Inc.

Posted on January 04, 2009
The generic terms “mechanism,” “means,” “element,” and “device,” do not connote sufficiently definite structure to avoid means-plus-function treatment. (Fed. Cir. 2008, 08-1169) The U.S. District Court (E...

Alltop Patent Law Blog Aggregator.

Posted on January 04, 2009
   A new website called Alltop has recently been brought to our attention.  Alltop is billed as an “online magazine rack” that aggregates RSS feeds about popular topics.  Patent practitioners and inventors may find Patents.Alltop and Innovation...

They Invented What? (No. 123)

Posted on December 17, 2008
U.S. Pat. No. 7,258,592:  Santa Claus visit kit. JW Note:  Wishing a Happy Holidays to all!  See you in 2009!   What is claimed is: 1. A kit for creating an illusion that suggests a Santa Claus visit in a premises, said kit comprising:          a) items revealed to a child audience comprising                     i) a displayer Christmas diorama that, when [...

MPEP 1126: Applications That Publish After the Patent Issues.

Posted on December 16, 2008
An interesting practice note we thought we’d share.  Per MPEP 1126: The publication fee set forth in 37 CFR 1.18(d) must be paid in each application published (or scheduled to be published) under 35 U.S.C. 122(b) before a patent will be granted on the application...

Inventive Step Blog.

Posted on December 16, 2008
There is a new patent blog on the scene, dedicated to a discussion of patent law issues and strategies.  The blog is titled Inventive Step and is authored by registered patent attorney Matthew R. Osenga, from Richmond, Virginia. We have been reading Inventive Step posts over the past week or so, and Matt has provided some very matter-of-fact [...

Anticipate This!? | Patent and Trademark Law Blog Milestone.

Posted on December 11, 2008
We know keeping track of hit counts is lame.  Blah blah blah.  Well, lame we shall be in congratulating ourselves on reaching a blog milestone:  100,000 hits!  Many thanks to all of our readers who make this patent law blog a success.  We hope to continue providing our unique blend of commentary for many years to come...

They Invented What? (No. 122)

Posted on December 10, 2008
U.S. Pat. No. 4,432,545:  Non-lethal cock fighting system.     What is claimed is: 1. Apparatus for conducting and scoring cock fights between two combating birds, said apparatus comprising, in combination:           (a) individual switch means mounted upon each leg of each bird in place of or in covering relation to the natural spur, each of said switch means including [...

Not So Fast. New BPAI Rules Delayed For OMB Review.

Posted on December 09, 2008
Per this last minute notice in the Federal Register (to be published tomorrow, December 10th): SUMMARY: On June 10, 2008, the United States Patent and Trademark Office (Office) published the final rule that amends the rules governing practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals...

Practice Reminder - New BPAI Rules Take Effect December 10, 2008.

Posted on December 06, 2008
As a reminder to all practitioners preparing Notices of Appeal and Appeal Briefs for appeals before the Board of Patent Appeals and Interferences (BPAI), the new BPAI rules take effect December 10, 2008.   See our original post concerning the BPAI rules change here...

New Patent Searching Tool - Setrue Patent Search.

Posted on December 06, 2008
  Jacob Zoarets, founder and CTO of Transformer Software Ltd, recently wrote to inform us of his new “free” patent search tool called the Setrue Semantic Patent Search Engine.   The Setrue website states that the search tool includes features such as:  semantic natural language query capabilities; query auto-complete suggestions; detailed USPTO class directory structure enabling a one click segmentation of search results to a [...

Showing ?First to Invent?.

Posted on December 05, 2008
While all of us that practice patent law realize that the U.S. is a first-to-invent country, rather than a first-to-file country, an interesting aspect of the law can arise when considering the question of whether a client was first-to-invent.  In particular, what if a client invents something in a foreign country?  How do these circumstances affect “first to invent” [...

Scheduled CAFC Oral Arguments in USPTO v. GSK & Tafas - December 5, 2008.

Posted on December 04, 2008
The CAFC hears oral arguments tomorrow, December 5th, in relation to the ruling in Tafas v. Dudas; SmithKline Beecham Corp. v. Dudas, which permanently enjoined the USPTO’s claims and continuations rules.  In permanently enjoining the claims and continuations rules, Judge Cacheris held that the USPTO?s rulemaking authority under 35 U...

They Invented What? (No. 121)

Posted on December 03, 2008
U.S. Pat. No. 7,113,911: Voice Communication Concerning a Local Entity.   What is claimed is: 1. A system for enabling verbal communication on behalf of a local entity with a nearby user, the system comprising:          user equipment, intended to be carried by a user, comprising a wireless communication subsystem, and a contact-data input subsystem for receiving contact data;           [...

A Different Patent Law Proposal: U.S. Utility Models?

Posted on November 30, 2008
It is safe to say that the U.S. patent system is overburdened and in need of improvements, notwithstanding the self-congratulatory tone in the U.S. Patent Office’s 2008 Performance and Accountability Report.  In view of the state of the U.S. patent system, a number of patent law commentators have been tossing about potential fixes...

They Invented What? (No. 120)

Posted on November 26, 2008
U.S. Pat. No. 4,934,420: Gravy separating device. JW Note:  Wishing you a Happy and Safe Thanksgiving holiday.   What is claimed is: 1. A device for separating liquids having different specific gravities, comprising:           a funnel-like separating member having a funnel section, an opening in an upper end of said funnel section and conduit means coupled to and extending down from a [...

They Invented What? (No. 119)

Posted on November 20, 2008
U.S. Pat. No. 5,320,571:  Dummy for use as sham passenger in car.   What is claimed is: 1. A dummy for use as a sham passenger in a car, comprising: a head, limbs, and a trunk; wherein said trunk comprises a neck containing therein a retaining disk provided with a serrated portion, a V-shaped connection rod having a [...

Annual maintenance fee for USPTO patent practitioners.

Posted on November 17, 2008
Via the Promote the Progess blog (with hat tip to Filewrapper.com): The United States Patent and Trademark Office today published a Final Rule in the Federal Register that levies a ?practitioner maintenance fee? on attorneys and agents recognized to practice before it in patent cases...

They Invented What? (No. 118)

Posted on November 12, 2008
U.S. Pat. No. 5,508,049: Pizza pie with concentric rings of crust.   What is claimed is: 1. A pizza pie, comprising:           a substantially flat piece of cooked pizza dough having a predetermined peripheral configuration,           said piece of cooked pizza dough having a surface which includes a plurality of concentric raised ridges of crust formed at predetermined distances from [...

Intellectual Property Colloquium - In re Bilski Podcast.

Posted on November 12, 2008
  Professor Rob Merges (Berkeley), Professor John Duffy (George Washington), and Professor Doug Lichtman (UCLA), recently recorded a one-hour audio podcast about the In re Bilski decision.  The participants are prominent patent academics and have interesting perspectives on the case...

In Re Bilski.

Posted on October 30, 2008
The applicable test to determine whether a claim is drawn to a patent-eligible process under § 101 is the machine-or-transformation test. (Fed. Cir. 2008, 07-11130, en banc) Bernard L. Bilski and Rand A. Warsaw (collectively, “Applicants”) appealed from the final decision of the BPAI sustaining the rejection of all eleven claims of their U...

They Invented What? (No. 117)

Posted on October 30, 2008
U.S. Pat. No. 6,754,472: Method and apparatus for transmitting power and data using the human body. JW Note:  Hoping you have a scary and safe Halloween!   What is claimed is: 1. A network of devices comprising:           a first device for generating a first electrical signal;           a second device including first circuitry requiring an electrical signal from an external source [...

The Little Shop of Patent and Trademark Horrors.

Posted on October 22, 2008
  In surfing for a Halloween-themed TIW? patent this morning, we happened across the following USPTO website, titled The Little Shop of Patent and Trademark Horrors. At first blush, one might think this is a clandestine USPTO department responsible for scaring practitioners and developing ghoulish regulations, such as the presently enjoined claims and continuations rules (did you [...

They Invented What? (No. 116)

Posted on October 22, 2008
U.S. Pat. No. 5,103,585:  Cricket gun.     What is claimed is:           1. A cricket gun for holding and dispensing crickets comprising a holding container and an intergral chamber with dispensing means; said holding container comprising a removable cap at one end, and a funnel at the opposite end with a wide portion of the funnel intergral with [...

They Invented What? (No. 115)

Posted on October 08, 2008
U.S. Pat. No. 6,776,687:  Haunting aid.   What is claimed is: 1. An entertainment prop comprising: a substantially flat or low-relief backing depicting at least a head of a being and a pair LEDs to simulate eyes, each LED comprising a base positioned adjacent a portion of said backing, each LED further comprising a pair of electrodes passing [...

Flash of Genius (Film) - Coming to a Theater Near You, October 3rd.

Posted on October 01, 2008
Synopsis: Based on the true story of college professor and part-time inventor Robert Kearns?s (Greg Kinnear) long battle with the U.S. automobile industry, Flash of Genius tells the tale of one man whose fight to receive recognition for his ingenuity would come at a heavy price...

Egyptian Goddess v. Swisa Inc.

Posted on September 25, 2008
Point of novelty test is rejected;  Infringement of a design patent requires that an ordinary observer, taking into account the prior art, would believe the accused design to be the same as the patented design. (Fed. Cir. 2008, en banc, 06-1562)   The CAFC granted a rehearing en banc  to address the appropriate legal standard to be used [...

They Invented What? (No. 114)

Posted on September 25, 2008
U.S. Pat. No. 6,612,440:  Banana protective device.   I claim: 1. A banana protective device comprising:           a container having a first cover member and a second cover member being hingedly attached to said first cover member, said first and second cover members defining an interior for receiving and storing a banana therein, each of said first and second [...

They Invented What? (No. 113)

Posted on September 18, 2008
U.S. Pat. No. 5,687,752:  Dining table having integral dishwasher.   What is claimed is: 1. A dishwasher comprising:           a washing basin having side and bottom walls and an open top;           a rack assembly for carrying dishes, and that is vertically shiftable between a lower cleaning position wherein the rack assembly is disposed within the basin below the open [...

They Invented What? (No. 112)

Posted on September 10, 2008
U.S. Pat. No. 4,300,473: Device for moistening the adhesive coating on postage stamps and envelopes.   What is claimed is: 1. An apparatus for moistening adhesive coatings on postage material and the like, comprising:          (a) an enclosure member;          (b) an open top liquid container disposed within said enclosure member;          (c) a spring biased linkage member pivotally mounted within [...

They Invented What? (No. 111)

Posted on September 03, 2008
U.S. Pat. No. 5,675,103:  Non-lethal tetanizing weapon. JW Note:  Set phase pistols to stun. Definition : Tetanize = To affect with tetanic convulsions; produce or induce tetanus (a state of continuous muscular contraction, especially when induced artificially by rapidly repeated stimuli)...

USPTO Seeks Practitioners to Test Online Continuing Education System.

Posted on August 25, 2008
Per this recent USPTO press release: The USPTO is developing a Continuing Education for Practitioners (?CEP?) system for on-line delivery of educational materials to patent practitioners, and is seeking help in piloting the on-line system. The CEP system is built on the recognition that a smoothly operating patent system requires well-qualified USPTO personnel working hand-in-hand with [...

They Invented What? (No. 110)

Posted on August 20, 2008
U.S. Pat. No. 4,411,156:  Odor testing apparatus.   What is claimed is: 1. A structure for testing small animal litter, comprising a plurality of animal confinement compartments in which the animals live and consummate their daily functions and in which litter for animal waste is placed for use by the animals, a compartment for enclosing a person testing [...

Final Rules Limiting Scope of Patent Agent Representation.

Posted on August 15, 2008
Per this Federal Register notice promulgated on August 14th, Rule § 11.5 detailing what constitutes acceptable practice before the USPTO has been revised to read as follows: § 11.5 Register of attorneys and agents in patent matters; practice before the Office...

They Invented What? (No. 109)

Posted on August 14, 2008
U.S. Pat. No. 4346899:  Board game featuring olympic sports.   What is claimed is: 1. An olympic sports game apparatus with elements of chance and tests of individual skill, for competitive play by a plurality of individuals, said game apparatus having          a playing board,          a closed primary playing course, for use by all players, at the periphery of [...

They Invented What? (No. 108)

Posted on August 07, 2008
U.S. Pat. No. 6,101,747: Athletic shoe having basketball hoop. What is claimed is: 1. An athletic shoe assembly comprising           an athletic shoe having a heel forming a back exterior surface,           a miniature basketball backboard, means for affixing said backboard to said back exterior surface,           a circular rim being affixed to the miniature basketball backboard, and           a net [...

They Invented What? (No. 107)

Posted on July 30, 2008
U.S. Pat. No. 4,387,927:  Chair made from a garbage can.   What is claimed is: 1. A novel chair made from a conventional garbage can comprising:           a frustoconical metal can having a flat circular bottom, upwardly flaring frustoconical sides and an open top and having an original capacity in the order of 30 gallons, said can being modified [...

USPTO Reminder: Outsourcing of Patent Preparation May Require Clearance.

Posted on July 24, 2008
Per a Federal Register notice published on July 23, 2008: Applicants and registered patent practitioners are reminded that the export of subject matter abroad pursuant to a license from the United States Patent and Trademark Office (USPTO), such as a foreign filing license, is limited to purposes related to the filing of foreign patent applications...

They Invented What? (No. 106)

Posted on July 23, 2008
U.S. Pat. No. 3,492,688:  Apparatus for tenderizing food. JW Note:  Yes, dear readers, the term “HE” does stand for “high explosive”, and numeral “10″  in the figure refers to meat.   What is claimed is: 1. Apparatus for tenderizing an article of food comprising a container, a liquid filling said container, means positioning said articles of food within said liquid, explosive [...

They Invented What? (No. 105)

Posted on July 16, 2008
U.S. Pat. No. 6,075,756:  Time pop.   What is claimed is: 1. A time pop which comprises           a watch which indicates a lapse of a time period,           a candy lollipop secured to one end of said watch. 2. A time pop as set forth in claim 1, in which said watch includes a handle on one end for holding [...

They Invented What? (No. 104)

Posted on July 10, 2008
U.S. Pat. No. 5,926,857:  Armor with rollers.     What is claimed is: 1. An armor with rollers enabling a user to move in all positions by rolling on a hard and smooth surface, while constantly varying his bearing points on the surface, the armor comprising:           a pair of rigid gauntlets each extending from beyond the user’s hand [...

They Invented What? (No. 103)

Posted on July 02, 2008
US. Pat. No. 6,295,668: Maternity beach chair.   What is claimed is: 1. A beach chair comprising:           a rectangularly-shaped frame member, said frame member including a first section, a second section, and a third section, each section having respective first and second ends;           a first pair of hinges, said first pair of hinges disposed to connect the second end [...

Electronic Copyright Office (eCO) Going Live July 1st.

Posted on June 30, 2008
There is a new online registration system named electronic Copyright Office (eCO), which the Copyright Office plans to release through a portal on its Web site on July 1. Filing an eService claim via eCO offers several advantages: ? lower filing fee of $35 for a basic claim; ? fastest processing time; ? earlier effective date of registration; ? [...

Independent Inventors Conference Set for August 8-9.

Posted on June 28, 2008
Per this USPTO press release, registration is now open for the USPTO’s 13th annual Independent Inventors Conference, co-sponsored by the USPTO and the National Inventors Hall of Fame Foundation. The Conference will be held on the USPTO campus in Alexandria, Virginia August 8-9...

$65,000,000 for a PTE Application? That?s Living the High Life.

Posted on June 25, 2008
On June 23, 2008, Representative William Delahunt (D-MA) introduced, and the U.S. House of Representatives passed by voice vote, H.R. 6344. The 12-page bill includes several provisions, including legislation that gives the USPTO discretion accept late-filed Patent Term Extension (?PTE?) applications...

They Invented What? (No. 102)

Posted on June 25, 2008
U.S. Pat. No. 6,557,994: Frameless glasses attaching to body piercing studs.   What is claimed is: 1. In combination with a body piercing eyebrow studs, a left stud fastened outbound on a left eyebrow, and a right stud fastened outbound on a right eyebrow, an improvement comprising:           a left eyeglass member having a C shaped clamp fastened to [...

Quanta v. LG Electronics.

Posted on June 23, 2008
The authorized sale of an article that substantially embodies a patent exhausts the patent holder?s rights and prevents the patent holder from invoking patent law to control postsale use of the article. (553 U. S. ____ (2008)) Per JUSTICE THOMAS, who delivered the opinion of the Supreme Court: For over 150 years this Court has applied the doctrine [...

New Rules Regarding Ex Parte Appeals Before the BPAI.

Posted on June 12, 2008
Per a USPTO press release earlier this week: The Department of Commerce?s United States Patent and Trademark Office (USPTO) will publish tomorrow in the Federal Register new rules that will improve the process of ex parte appeals before the USPTO?s Board of Patent Appeals and Interferences (BPAI)...

They Invented What? (No. 101)

Posted on June 11, 2008
U.S. Pat. No. 7,090,268:   Dog waste catcher and holder.   What is claimed is: 1. A dog waste catcher and holder comprising:           a loop shaped device;           a carrying rod;           means of securing the loop shaped device to an end of the carrying rod in parallel fashion; and           a plastic bag placed inside the loop shaped device, wherein an [...

ITC Rescinds Order Against Sinorgchem.

Posted on June 05, 2008
Brought to our attention this morning by this article at RubberNews (subscription required): WASHINGTON (June 4, 2008) — The U.S. International Trade Commission has rescinded the limited exclusion order barring the U.S. sale of rubber antidegradants made by Chinese firm Sinorgchem Co...

They Invented What? (2-Year Review)

Posted on June 04, 2008
The Anticipate This! Patent and Trademark Law Blog has officially been in operation now for over two years.  Although we have been on a de facto blogging hiatus the past few months (’tis good to be busy), we’d thought we’d celebrate the milestone with a complete list of the first one hundred “They Invented What?” [...

They Invented What? (No. 100)

Posted on May 22, 2008
U.S. Pat. No. 5,533,697: Mouse pad with beverage holder.   What is claimed is: 1. A mouse pad, comprising a generally rectangular sheet of mouse pad material having associated therewith a retaining means for retaining a beverage container, wherein said generally rectangular sheet also has a notch formed therein and a projection extending therefrom, and said projection has [...

They Invented What? (No.99)

Posted on May 14, 2008
U.S. Pat. No. 5,996,127: Wearable device for feeding and observing birds and other flying animals.   I claim: 1. A device for feeding and observing flying animals comprising:          a hat, the hat including a front portion and a rear portion;          a first support mounted on the hat and extending forward of the front portion of the hat; and          [...

In Re Bilski En Banc Oral Arguments.

Posted on May 08, 2008
Oral arguments were heard today at the CAFC for In re Bilski.  The CAFC had earlier ordered an en banc hearing of Bilksi to address the following questions: (1)  Whether claim 1 of the [Bilski] patent application claims patent-eligible subject matter under 35 U...

They Invented What? (No. 98)

Posted on May 07, 2008
U.S. Pat. No. 4,905,406: Method and apparatus for attracting insects.   I claim: 1. Process for attracting insects above one’s head comprising the steps of:           a. securing a member coated or impregnated with an insect attractant to one end of a longitudinal member;           b...

SIPO Search Engine and New Chinese-to-English Patent Translations.

Posted on May 06, 2008
Per this recent press release at the State Intellectual Property Office (SIPO) of China: On August 25, Open Day of the State Intellectual Property Office (SIPO) of China, SIPO launched a patent information Chinese-to-English machine translation online service, Li Yuguang, Deputy Commissioner of SIPO attended a ceremony to celebrate the event...

They Invented What? (No. 97)

Posted on April 30, 2008
U.S. Pat. No. 3,962,748:  TV control device. What is claimed is: 1. A TV control device for rotating a dial of a TV set, from an area distant from the set, said TV control device comprising           a rod-like member of variable adjustable length having a handle at one end, said rod-like member being independent from a TV [...

They Invented What? (No.96)

Posted on April 24, 2008
U.S. Pat. No. 6,983,493: Retractable table top for a toilet.   What is claimed is: 1. A device for providing a working surface while a user is seated on a toilet, said device comprising:           a table having substantially planar top and bottom surfaces and a centrally disposed longitudinal axis, said table including a plurality of opposed edge portions [...

They Invented What? (No. 95)

Posted on April 16, 2008
U.S. Pat. No. 5,387,159: Continuous wave generating apparatus for simulated surfriding.   What is claimed is: 1. A wave-generating apparatus, wherein a continuous wave is formed suitable for various           surfriding sports including surfing, boogie-boarding and bodysurfing, said apparatus comprising:           a carriage-support means having a carriage frame structure including a base frame on which said carriage frame structure is [...

Pre-Office Action Interview Pilot Program.

Posted on April 15, 2008
Per this USPTO press release yesterday: The Commerce Department?s United States Patent and Trademark Office (USPTO) today announced that it is initiating a six-month pilot program that will allow an applicant to have an interview with the patent examiner prior to the first Office action on the merits in a new utility application...

They Invented What? (No. 94)

Posted on April 09, 2008
U.S. Pat. No. 4,344,424:  Anti-eating face mask.   What is claimed is: 1. A face mask for preventing the introduction of substances into the mouth of the wearer comprising in combination; a cup shaped member conforming generally to the shape of the mouth and chin area of the wearer’s face below the nose, said cup shaped member formed of [...

They Invented What? (No. 93)

Posted on April 02, 2008
U.S. Pat. No. 6,799,399: Burial structure for the interment of human remains and significant memorabilia.   Having, thus, described the invention, what is claimed is: 1. A burial structure for the interment of human remains and any associated memorabilia therewith while forming a lasting memorial structure thereby to those therein interred, the burial structure comprising: (a) a plurality of [...

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 [...

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...

Tafas v. Dudas; SmithKline Beecham Corp. v. Dudas - Hearing Today.

Posted on February 08, 2008
The Summary Judgment hearing for Tafas/GSK v. USPTO in U.S. District Court (E.D. Virginia) is scheduled for today, Friday, February 8, 2008, at 10:00 AM.  As previously posted by AT!, the litigation is related to the USPTO’s proposed claims and continuations rules and a preliminary injunction of the rules is presently in place...

Letter from Unions Opposing Patent Reform Act of 2007.

Posted on February 07, 2008
Over a dozen labor unions sent a letter yesterday to members of the U.S. Senate urging opposition to the Patent Reform Act of 2007 in its current form.  The letter expresses a deep concern over the likelihood that the Patent Reform Act of 2007 will undermine U...

They Invented What? (No. 85)

Posted on February 06, 2008
U.S. Pat. No. 5,260,639:  Method for remotely powering a device such as a lunar rover.   What is claimed is: 1. A method of supplying power to a device located on the surface of a planet, comprising the steps of:           orbiting at least one satellite around the planet, wherein the satellite comprises a nuclear reactor for generating electrical [...

USPTO First Quarter Allowance Rate: 44 Percent.

Posted on February 05, 2008
USPTO Director Jon Dudas held a teleconference today regarding the current Administration’s opposition to the Patent Reform Act of 2007 in its present form.  The teleconference was intended to highlight the views of the Administration as set forth in a letter the Administration recently sent to the Senate Judiciary Committee...

The London Agreement and European Patents.

Posted on February 04, 2008
The Patent Baristas have a good post on the London Agreement and the effect it will have on European patents after implementation on May 1st, 2008.  See an excerpt explaining the London Agreement below. The London Agreement is an international agreement designed to reduce the cost of validating a European patent by reducing the translation requirements at [...

Letters to U.S. Senate Opposing the Proposed Patent Reform.

Posted on February 01, 2008
A number of letters from companies, patent holders, and universities opposing the present Patent Reform Act of 2007 were sent to members of the U.S. Senate this week.  Links to individual letters are found below, provided by the Innovation Alliance. Letter to Senators Lamar Alexander and Bob Corker from 14 Tennessee manufacturers opposing patent reform...

They Invented What? (No. 84)

Posted on January 29, 2008
U.S. Pat. No. 4,150,505:  Bird trap and cat feeder.   I claim: 1. A bird trap and cat feeder for catching a bird and in particular, a sparrow, and feeding the bird to a cat, the trap comprising:            an enclosed bird housing having an upper portion, a tapered lower portion, a back, a front, a top, an open [...

Patent Reform Act of 2007 - Initiatives Relevant to Prosecution.

Posted on January 26, 2008
  Considering the likelihood that we may actually see the Patent Reform Act of 2007 become a legal reality this year, this post highlights initiatives in the bills presently before Congress that may be of particular interest to patent prosecutors.  Much of the following information may also be found in the CRS Report and the Senate Committee Draft [...

CRS Report - Patent Reform in the 110th Congress.

Posted on January 26, 2008
The Congressional Research Service (CRS) is a research arm of the United States Congress that has been in operation since since 1914 (first established as the Legislative Reference Service).   CRS provides policy and legal analysis to committees and Members of both the House and Senate, regardless of party affiliation...

Senator Harry Reid on Patent Reform - A Priority For The First Session of 2008.

Posted on January 23, 2008
Via the Tahoe Daily Tribune, majority leader Sen. Harry Reid outlined Democrats? legislative priorities for the first session of 2008 during a statement on the U.S. Senate floor today.  Regarding patent law reform: Once we work these issues out, time permitting, we will also turn to two other priorities in this first work period: patent reform and an [...

Revised Procedure for an Oath or Declaration.

Posted on January 23, 2008
Per a USPTO press release today:  If an oath or declaration filed on or after June 1, 2008 does not include the express language set forth in 37 CFR 1.63(b)(3), the Office will object to the oath or declaration as failing to comply with 37 CFR 1.63.  A supplemental oath or declaration pursuant to 37 CFR 1...