Posts Tagged: "famous inventors"

Q & A: File a Patent Application Before Market Evaluation?

This is an age old question that is really the patent/invention equivalent of which came first, the chicken or the egg. Moving forward with a patent doesn’t make a lot of sense if the invention is not likely to be marketable. I always tell folks that the best invention to patent is one you will make money with regardless of having a patent, so I do believe there needs to be market considerations factored into the analysis. After all, the goal is to make money. Investing in a business, or investing to obtain a patent only makes sense if there is a reason to believe more money will be made than spent. Having said that, without a patent pending you have absolutely no protection, at least unless you obtain a signed confidentiality agreement and even then the protection will be applicable only to those who have signed the agreement.

An Overview of the U.S. Patent Process

The first time you will substantively hear from the examiner is when the examiner issues what is referred to as a First Office Action on the Merits (FOAM). At this point you are now truly beginning what most would refer to as prosecution of the patent application. The examiner has told you what, if anything, he or she thinks is patentable, and explained (usually in abbreviated fashion) what claims are lacking and why. The applicant, or attorney, must respond to each and everything raised by the examiner in a response filed no later than 6 months after the date of the First Office Action. Notwithstanding the 6 month period to respond, the Patent Examiner will set what is called a “shortened statutory period” to respond, which for an Office Action is 3 months. The shortened statutory period is the time period within which you can respond without having to pay a fee to respond. After the shortened statutory period, which can be 1, 2 or 3 months depending on what the Examiner sends, you can respond up to 6 months but only if you request AND pay for an automatic extension. Automatic extensions can get expensive, the cost goes up depending on how many months of extension you have to purchase. They are called automatic extensions because the Patent Office must grant the extension if you ask and pay for the extension. You should, however, plan on doing things within the shorten statutory period in order to conserve funds and in order to get the maximum patent term.

Hollywood Patents: Inventions from 12 Celebrity Inventors

How many Hollywood celebrities were inventors? Below is our list of the most interesting inventions from a number of well known actors and directors… Action figures of movie star icons and heroes have been treasured by kids for decades now. George Lucas isn’t the first filmmaker to improve his wealth through merchandising, but this design patent, issued by the USPTO in April 1982, is just one of more than 20 design patents for toy figures that the filmmaker’s Lucasfilm company has been assigned.

Protecting Ideas: Can Ideas Be Protected or Patented?

Unfortunately, despite what you may have heard from late night television, satellite radio commercials or snake oil salesmen, there is no effective way to protect an idea… If you get stuck in the idea phase don’t just throw in the towel. Many good many inventors will become stuck in the idea phase from time to time, so if that is where you are you are not alone. It may surprise you to learn that you just think you are stuck in the idea phase and you might actually have an invention without even knowing it yet… Many people will have great ideas, but what separates those who can turn their ideas into money from those who cannot is a strategy to define the idea enough so that it can become an asset that can ultimately be protected.

The Legacy of George Washington Carver, Tuskegee Educator, Innovator and Renaissance Man

This experience in helping Southern farmers improve the soil in their fields soon led to what was to become a passion for Carver: peanuts. While peanuts were very useful in enriching the soil with nutrients, a new problem then arose: what to do with this plentiful crop of peanuts? And having now encouraged farmers to plant more peanuts to enrich the soil, Carver felt it was his obligation to find more uses for what was now becoming an overabundant commodity. So in 1903, Carver began working in earnest on peanut science, and especially on the potential uses of peanuts. This research by Carver on peanuts made him the innovator of what eventually became a highly marketable and profitable industry now worth well in excess of $500 million.

God’s Scientist: George Washington Carver

George Washington Carver was not only a talented innovator, but was also an extremely gifted educator and scientist.

Unite to Fight Patent Reform Legislation

“Today, Congress is under another call to weaken patent protection. This time the alleged culprit is a so-called “patent troll” who, according to some reports, hijacks inventions and while providing no product and therefore no societal value, extorts billions of dollars from the economy. This story could not be further from the truth. The argument is based on highly questionable data. Some of the claims are that patents asserted by so-called “patent trolls” are much weaker than patents asserted by others, that these entities cause billions of dollars of unnecessary cost, and that the number of patent infringement lawsuits has risen dramatically due to the so-called “patent trolls.” All of these assertions are highly disputed.”

Why Do You Want a Patent?

The question should not be whether you can get a patent, but rather whether any patent you are able to obtain is worth the investment. In other words, is the scope of protection meaningful? But to answer that question you really need to consider several business questions first… Wrapped up in what we have been discussing is a very simple question that many inventors fail to ask. It is this: is a market for your invention… The goal of this article has been to point out that there are a great number of things that need to be considered before you decide to move forward down the patent path. As with many complex systems in life there is no single correct way to move forward. The goal should be to move forward in a business responsible manner.

Granville Woods and Induction Telegraphy

There are some who say that the number of patents Woods obtained is at least 60, may be even much higher. But from Professor Fouché’s book, I’ve only identified 45 patents for Woods which is still a pretty awesome figure. These patents may be divided into essentially 4 technology categories: (1) induction telegraphy of which there are 8 patents; (2) electrical railways of which there are 20 patents; (3) other electrical devices of which there are 13 patents; and (4) 4 patents on “other inventions” that don’t fall into any specific category. This article focuses only the first category of inventions, induction telegraphy, for which Woods is most famous for. So why is induction telegraphy important? Well…

When is an Invention Obvious?

That being said, the possibility that a utility patent could be obtained cannot be definitively ruled out even if an invention seems quite likely to be obvious, which is one of the biggest problems with the law of obviousness. Indeed, one of the more frustrating things about working with the Patent Office is that there is a real lack of uniformity in application of the law of obviousness. For example, on January 7, 2014, the Patent Office granted U.S. Patent No. 8,622,700, which for all intents and purposes granted rights to the inventor to a glow in the dark ceiling fan blade. If this claim to a glow-in-the-dark ceiling fan blade is ever challenged I see no way that it could survive, but the patent issued.

Thomas Edison and the Electric Lamp, Patented Jan. 27, 1880

On January 27, 1880, Thomas Edison received U.S. Patent No. 223,898, which was simply titled “Electric Lamp.” Perhaps Edison’s most famous inventions were the phonograph, motion pictures and the light-bulb. Truth be told, however, Edison didn’t really “invent” the lightbulb, but rather he improved upon the technology by developing a light-bulb that used a lower current electricity, a small carbonized filament, and an improved vacuum inside the globe. Edison’s invention lead to a reliable, long-lasting source of light. Prior to Edison’s invention lightbulbs lasted only a few hours and now they could last 50 to 60 days, making them practical. So it is entirely fair to say that Thomas Edison invented the first commercially useful lightbulb.

Software Patent Basics: What Level of Description is Required?

The key to any software patent application is to describe the invention with enough technical detail, system specifics and process information so that a computer programmer could take the disclosure and code the software without having to make any independent, creative decisions. Essentially, you want your patent application to be a design document. This is critical because it is the design of the software — the architecture of the system, how the algorithms are strung together, the rules, calculations and manipulations — that are patentable. Software code is not patentable. You can and should get a copyright on the software code as written, but the invention does not reside in the code. The computer programmer is merely a translator that takes your invention and writes it into code that the computer can execute.

How to Find Valuable Invention Services

Several years ago I was speaking to an inventor group about carefully selecting who they work with so they work only with reputable companies. At the time one particular invention promotion company, as near as I could tell had a remarkably low success rate. This company reported their successes all-time and reported the number of clients over 5 years, making it impossible to know what the success rate actually was. At best the success rate was approximately 1 in 2,700, but likely was much worse. I asked the room full of inventors this simple question: If I told you that only 1 in 2,700 inventors would ever succeed how many of you would be convinced that you would be the 1 and not the other 2,699? Virtually everyone raised their hand. That eternal optimism is wonderful, but it also contributes to getting taken advantage of by those who make money by telling you your invention is wonderful when that really isn’t the case.

A Better Mouse Trap: Patents and the Road to Riches

Inventors and entrepreneurs frequently take this mouse-trap quote all too literally, thinking that if they make a better product it will sell and make them rich beyond their wildest dreams. Although inventors hate hearing this, the truth is that the invention is the easy part of the process because it is the only part of the entire cycle from idea to commercial success that is completely controlled by the inventor. Once you invent something market forces and the reality of life takes over. There are any number of reasons why an invention won’t make money even if it truly is unique and superior to available alternative solutions.

I Can’t Find Prior Art for My Invention

It is absolutely critical to understand that a reference, such as an issued patent or published patent application, does not need to be identical to an invention in order for the reference to qualify as prior art. A reference can be used as prior art for whatever the reference explains. For example, if you design 5-wheel transportation device you are going to have to distinguish all other wheeled transportation devices, regardless of whether they are identical. So if a patent examiner finds a 4-wheeled transportation device that will be used against you as prior art. It will be up to you to explain why your 5-wheel device is not obvious in light of the 4-wheel device. The critical question will be this: Why wouldn’t it have simply been obvious to simply add another wheel?