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Posts in IP News

The First Design Patent

Did you know that the first design patent issued in the United States was issued on November 9, 1842, to George Bruce of New York? The USPTO searchable online database does not have a text copy of this patent available, undoubtedly because the design patent was handwritten. It is, however, possible to obtain an image version of the first design…

International Patent Cooperation Project

The United States Patent and Trademark Office announced on Friday, October 31, 2008, that a select group of international partners had developed a blueprint for work sharing among patent offices to address the common challenges they are currently facing.   The aim of the so-called IP5 is to reduce duplication of efforts and streamline the patent process.  The vision statement adopted states: “The elimination…

A Blow to Software Patents

While the Federal Circuit has not said that software cannot be patented, what they did say substantially changes the law that has prevailed over the last 10 years and will render many software patents useless. Moving forward, you can protect software, but only by protecting the machine that the software operates on, which is the way patent attorneys used to be forced to write software patent applications many years ago. What it also means is that to have any chance at protecting software with a patent you will have to be willing to spend signficant amounts of money, because simply put there is no economical way to draft patents cost-effectively given the new Federal Circuit guidelines.

Nike Sues WalMart on Design Patents

The Wall Street Journal Law Blog is reporting today that Nike has sued WalMart alleging design patent infringement. The patents in question are US Design Patent 498,914 and US Design Patent 499,248, both titled Portion of a shoe midsole. Those who are familiar with IPWatchdog.com may know that for years I have counseled individuals to beware of design patents because…

ATM Advertising Patented by Diebold

You can file this under the “just what we needed” category.  Yes, more advertising will be thrust upon us as it seems thanks to Diebold, Incorporated, who announced on September 25, 2008, that they had received seven patents on software that will transform automated teller machines (ATMs) into revenue-generating business tools.  Said another way, Diebold is going to bring us…

Everyday Edisons Recruiting at Inventors Expo

InventBay.com a dynamic service company dedicated to helping inventors successfully bring their creative genius to market – has just concluded arrangements with the creator and the host of PBS’s Emmy Award-winning “Everyday Edisons,” to participate in the 2008 International Inventors Expo in Las Vegas. Creator Louis Foreman and Host Michael Cable will use this event to recruit inventors and their…

Senator Kyl Introduces Patent Reform

As the financial crisis is on the mind of virtually everyone in Congress, on September 24, 2008, Senator Jon Kyl (R, AZ) introduced a new patent reform bill into the Senate. Biotechnology Industry Organization (BIO) President and CEO Jim Greenwood released the following statement regarding the patent reform legislation: “BIO appreciates the efforts of Senator Kyl and his staff to…

Broadcom Scores Patent Victory Over Qualcomm

Broadcom Corporation (Nasdaq: BRCM), a global leader in semiconductors for wired and wireless communications, has scored a significant victory in its ongoing patent infringement case against announced Qualcomm Incorporated (Nasdaq: QCOM).  On September 24, 2008, the United States Court of Appeals for the Federal Circuit upheld a unanimous jury verdict that Qualcomm cellular chips and software infringe two Broadcom® patents, and upheld the injunction entered…

Hydraficient Availability of Water Fuel Cell Kit

Hydraficient announced the availability of the Hydraficient Water Fuel Cell Kit, a safe and all-inclusive HHO generator that enables equipped vehicles to improve gas efficiency by more than twenty-five percent and decrease emissions by as much as fifty percent, all without the use of additives or significant electricity requirements. The Hydraficient Water Fuel Cell Kit will be available thru distributors…

Federal Circuit Decides Egyptian Goddess

On Monday, September 22, 2008, the United States Court of Appeals for the Federal Circuit decided the much anticipated design patent case – Egyptian Goddess v. Torkiya.   This decision is quite important because it changes the law applicable to design patent infringement litigation, and because all of the judges of the Court heard the case together and all agreed! …

LegalZoom Patent Review Service Ends

As I have previously discussed in several posts (see PTO Kills Invention Promotion and Patent Self-Help Now More Difficult), on August 14, 2008, the United States Patent & Trademark Office profoundly changed the rules that govern what patent attorneys and patent agents may do when working with independent inventors who are seeking advice but not full representation. In a nutshell,…

Patent Self Help Now More Difficult

On August 14, 2008, the United States Patent & Trademark Office decided to profoundly changed the rules that govern patent attorneys and patent agents may do when working with independent inventors who are seeking advice but not full representation.  In a nutshell, the Patent Office has decided that patent attorneys and agents can no longer provide limited consulting to inventors, but rather if an…

New US Patent Office Fees

Effective October 2, 2008, the United States Patent Office fees will once again be changed, which is a yearly or bi-yearly event. The filing fee to the Patent Office for an individual inventor or a small company that qualifies for small entity status (i.e., companies with fewer than 500 employees) is now $165.00. For those who are familiar with the…

PTO Kills Invention Promotion Business

UPDATE: See Sadly, Invention Promotion Alive & Well The United States Patent and Trademark Office has announced that it is adopting new rules relating to a variety of issues that impact who can engage in representation of clients before the PTO, both on the patent and the trademark side of the Office. These new rules, which will go into effect…

John McCain on Technology & IP

John McCain has a broad and cohesive vision for the future of American innovation. His policies will provide broad pools of capital, low taxes and incentives for research in America, a commitment to a skilled and educated workforce, and a dedication to opening markets around the globe. He’s committed to streamlining burdensome regulations and effectively protecting American intellectual property in…