Patent Law

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 [...

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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 [...

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