Today's Date: September 3, 2014 Search | Home | Contact | Services | Patent Attorney | Patent Search | Provisional Patent Application | Patent Application | Software Patent | Confidentiality Agreements

Most Recent Articles on IPWatchdog.com


Congressional Testimony: Lee on USPTO Patent Operations

Posted: Wednesday, Jul 30, 2014 @ 12:37 pm | Written by Gene Quinn | 17 comments

Michelle Lee, PTO Deputy Director

Later today, at 3pm Eastern, Michelle Lee, the Deputy Director of the United States Patent and Trademark Office, will testify at a hearing on Capitol Hill before the U.S. House of Representatives Subcommittee on Courts, Intellectual Property and the Internet. This panel, which is a subset of the House Judiciary Committee, is holding a hearing titled: U.S. Patent and Trademark Office: The America Invents Act and Beyond, Domestic and International Policy Goals.

In her prepared remarks, Lee substantively will begin by saying she is pleased that Congress approved “a FY 2015 appropriation bill that provides USPTO with the authority to spend anticipated fee collections as estimated by the Congressional Budget Office.” Sadly, this is something to be thankful for as odd as it seems. While significant user fees are generated by the USPTO, without the approval of Congress the USPTO cannot keep and spend the funds collected. Lee explained that by being granted permission to keep and use collected user fees the Office will “continue reducing the patent application backlog, shortening patent pendency, improving patent quality, enhancing patent administrative appeal and post-grant processes, fine tuning trademark operations, expanding our international efforts and investing in our information technology (IT) infrastructure.”





Canon Invents: Digital Cameras, Video Editing, Medical Imaging

Posted: Wednesday, Jul 30, 2014 @ 8:00 am | Written by Steve Brachmann | 1 Comment »

Canon corprate offices in Jamesburg, New Jersey.

A worldwide leader in the development of camcorders, cameras, photocopiers and other imaging and printing devices, Canon Inc. of Tokyo, Japan, is one of the most active developers of new intellectual properties in the world. Although this article published by Tom’s Guide erroneously reports it as patented, Canon has developed and filed a patent application recently for camera imaging technologies which can better recreate human skin tones in captured images. Canon also owns a great share of the worldwide document imaging market, and it has created a stir with a recently released office document scanner with applications in the real estate, financial, legal, healthcare, insurance and other industries. Canon has recently been making waves in the patent world, teaming up in an alliance with Google, called the License on Transfer Network, which aims to protect alliance members against what they consider to be baseless patent lawsuits. The corporation has also successfully completed a patent infringement suit of its own which prevents Nectron International from making, importing and selling certain toner cartridges and other components of Canon and Hewlett-Packard laser beam printers.

Canon’s immense amount of activity in the world of U.S. patents makes them a great business to feature in our Companies We Follow series here on IPWatchdog. As always, we scan the recent publications of the U.S. Patent and Trademark Office, including both patent applications and issued patents, to share our favorite collection of inventions from each corporation we profile. In our new format, we’re able to delve deeply into Canon’s most recent innovations, which represent a great deal of research and development in medical imaging, business administration, photography and videography.





Populist Disconnect and the Whittling Away of IP Rights

Posted: Tuesday, Jul 29, 2014 @ 5:35 pm | Written by Gene Quinn | 25 comments

In Joe Allen’s recent column Does Innovation Lead to Prosperity for All? he ended with a quote by Alexander Fraser Tyler from The Decline and Fall of the Athenian Republic, which suggested that a democracy cannot continue to exist once the majority realizes they can vote for candidates that promise a never ending stream of benefits. Eventually, the result of politicians handing out money and benefits for votes leads to a collapse as the result of unsustainable fiscal policy.  Allen quizzically ends by stating that this couldn’t ever happen in the United States, could it? Sadly, we know it is happening in America.

As of the writing of this article the U.S. national debt is over $17.6 trillion, which if you write out in long form is $17,600,000,000,000.00. To put this into perspective, if you wanted to count to 1 trillion and you counted a number ever second non-stop without sleep it would take you 31,546 years, which means that to count to 17.6 trillion would take you over 555,209 years. Explained another way, the height of a stack of 1 trillion one dollar bills measures 67,866 miles, which means that 17.6 trillion one dollar bills would be nearly 1.2 million miles. To put this into perspective the Earth is only on average 238,855 miles away from the moon.

Saying the United States has a spending problem is an extraordinary understatement, but spending continues. The public demands spending and so many people now erroneously believe that the way to improve the economy is for the government to spend ever more sums while at the same time regulating business like never before. Taking the foot off the throat of the private sector and reducing government spending has been a time tested and effective way to stimulate activity, create jobs and improve the overall economic condition of the U.S. economy. So there is an extreme disconnect between historical reality, what the people want and the policies America is pursuing.





Xerox Seeks Patent on Method of Compensating Remote Workers

Posted: Tuesday, Jul 29, 2014 @ 8:00 am | Written by Steve Brachmann | 3 comments

The Xerox Corporation Ltd. (NYSE: XRX) of Norwalk, CT, is a major American multinational corporation which offers one of the world’s most extensive line of printing products, both for business and personal uses. According to industry analysis firms, this company has been the global market leader for managed print services for the past five years. Xerox has recently stepped up efforts to cut down on counterfeit products manufactured overseas, which by some estimates costs the company $3.5 billion to $5 billion each year. In late June, Xerox was awarded a $51-million contract by the South Carolina government to set up a government assistance program for food stamps and other benefits over seven years.

Here on IPWatchdog, we’ve recently covered some of the patents being auctioned by Xerox later on this month. In today’s edition of our Companies We Follow series, we’re returning once more to look at the recent innovations which have been developed by Xerox. Our foray into this company’s recently patented technologies, as well as the patent applications recently published by the U.S. Patent and Trademark Office, are giving us some great insights into the incredible scope of this company’s research and development goals.

We start today’s column with an exploration of our featured patent application, which would protect a method of better compensating remote workers who contribute to tasks assigned through project crowdsourcing programs. The system it describes would analyze the work returned by those contributing to the crowdsourced project, judging the quality of the work returned against certain thresholds to create a fairer system of compensation. Other patent applications would protect means for storing handwritten marks made by digital pens as well as a system for encouraging more efficient printing techniques among users of a printing network.





Does Innovation Lead to Prosperity for All?

Posted: Monday, Jul 28, 2014 @ 12:30 pm | Written by Joseph Allen | 31 comments

There’s a famous Chinese curse “May you live in interesting times” which certainly applies now. It seems that every cornerstone we’ve relied on has slipped, creating instability in all aspects of modern life. As humorist Ogden Nash remarked: “Progress might have been all right once, but it has gone on too long.”

We live in a world where seemingly everyone has a cell phone —and a rifle. Every day we learn of breathtaking scientific discoveries and atrocities straight from the Dark Ages. Thanks to technology images of beheadings travel instantly around the world.

Debates rage over hot button topics widening divisions in society. One is over the merits (or demerits) of the patent system. That’s really a subset of a larger question: does innovation lead to prosperity for most people or does it merely widen the gap between the haves and have not’s?

What, if anything, should be done to correct “income inequality” is a point of contention in our political system. President Obama says that growing income inequality and a lack of upward mobility is “the defining challenge of our time.” Sen. Elizabeth Warren (D-MA) ads: “Trickle down (economics) doesn’t work. Never did.”





Kappos Legacy and PTO-Academia Relations

Posted: Monday, Jul 28, 2014 @ 8:00 am | Written by Robert P. Merges | No Comments »

David Kappos

We are far enough removed now from the Kappos Administration at the PTO (2009-2013) that we can assess it with some perspective. In this spirit, I was thinking recently about the history of PTO-academia relations. And I concluded that Dave Kappos made a major contribution in this area, which has so far been mostly overlooked.

Dave Kappos did more for PTO-academic relations than any other Commissioner or Director in the history of the Office.[1] This is a true statement, but hardly does credit to his real contributions in this area. That’s for the simple reason that very few former leaders of the Patent Office had much if anything to do with academics. The bar was so low in fact that had Dave been merely cordial and refrained from open derision of academics and their research, he might well have set a new standard with only that.

He did much more, of course. Director Kappos actively sought out academic researchers. He brought them into formal roles in the PTO. In the process he gave them not only offices and titles, but something much more elusive, much more valuable. He gave them (us, to be honest) respect. That’s a legacy that has been overlooked by other constituents in the patent world, but it will certainly not be overlooked by academics.





Leason Ellis Continues to Fight Deceptive Trademark Practices

Posted: Sunday, Jul 27, 2014 @ 9:00 am | Written by Gene Quinn & Steve Brachmann | No Comments »

Peter Sloane

In a memorandum decision handed down July 2, 2014, by the U.S. District Court for the Southern District of New York, most of the plaintiff claims in case 7:13-cv-02880, Leason Ellis LLP v. Patent & Trademark Agency LLC have been allowed to proceed in the face of the defendant’s motion to dismiss.

The multi-count Federal Complaint filed in April 2013 alleged that the defendants marketed their promotional materials to cause consumers to wrongly believe that it is an official governmental entity. The complaint asserted claims of federal unfair competition under 15 USC 1125(a), federal false advertising under 15 USC 1125(a) and New  York statutory law, unfair competition under New York common law, deceptive acts and practices under New York statutory law, and tortious interference with prospective economic relations. The complaint also specifically alleges that the defendants are engaged in the unauthorized practice of law.

The complaint explained that Leason Ellis, which is a well regarded intellectual property firm particularly in the trademark law space, frequently “receives inquiries from clients who have received unsolicited offers for trademark-related services in the United States from various entities located in the U.S. and abroad.” The complaint goes on to further state: “Trademark scams are not new. The International Trademark Association (“INTA”)… has previously warned trademark owners about unsolicited offers for trademark-related services in the United States.





How Long Does a Patent Last?

Posted: Saturday, Jul 26, 2014 @ 9:00 am | Written by Gene Quinn | 4 comments

Before June of 1995, the patent laws in the United States provided that the term of a utility or plant patent ended seventeen years from the date of patent grant. To comply with Article 33 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement resulting from the Uruguay Round Agreements of the General Agreement on Tariffs and Trade (GATT), the United States was required to establish a minimum term for patent protection ending no earlier than twenty years from the date the application was filed. Thus, the Uruguay Round Agreements Act amended 35 U.S.C. § 154, and these amendments took effect on June 8, 1995.

Generally speaking, utility and plant patent applications filed on or after June 8, 1995, have a term that begins on the date the patent issues and ends on the date that is twenty years from the date on which the application for the patent was filed in the United States. If the application that ultimately issues contains a specific reference to an earlier filed US or international application, the term ends twenty years from the filing date of the earliest such application. This patent term provision is referred to as the “twenty-year term.”