Posts in Technology & Innovation

When You Believe: A High Tech Entrepreneur’s Story

One of the Patent Examiners was surprised that I was there by myself and asked why I didn’t have an “army” of attorneys with me, as I was from Silicon Valley. I noted that not all startups are well funded like Facebook or Google. I went on to explain that well-funded startups and large companies were copying our ideas, cloning our products, selling to our customers and costing us revenue. Because of the increasing competition in NFC mobile payments, I was also having problems getting funding. I even explained how we had to downsize and put product development on hold. That was a new revelation for the patent Examiner, who was surprised.

A Post-Alice Playbook: Practical Strategies for Responding to Alice-Based Rejections

Although the Supreme Court in Alice declined to provide an express definition of “abstract idea,” the opinion is packed with evidence that the Court intended for the term “abstract idea” to apply not to any “abstract idea” in the colloquial sense, but only more specifically to abstract ideas that are fundamental practices long prevalent in their fields… [A]lthough the Court did not provide a definition of “abstract idea,” its reasoning implies that it intended to limit the concept of “abstract ideas” to those concepts which are fundamental and long prevalent, possibly to concepts which have been well-known and extensively used for hundreds of years. An even more narrow, but very reasonable, interpretation of Alice, given the opinion’s strong emphasis on the risk hedging claims in Bilski, the “intermediated settlement” concept allegedly embodied in the claims at issue in Alice, and the repeated references to “economic practices,” “finance class,” “commerce,” and “the modern economy,” is that the Court intended for “abstract ideas” to be limited primarily or entirely to financial methods.

Software Patents are Only as Dead as Schrödinger’s Cat

The environment for patent applicants and examiners that has resulted from such inconsistent treatment of Alice by the USPTO is one in which neither examiners nor applicants have clear guidance about how the USPTO is interpreting and intends to apply the Alice decision. This makes it difficult for examiners to know whether and how to issue Alice-based rejections, and for applicants to know how to respond to such rejections. In this environment, software patents are not dead; instead, they are, like Schrödinger’s cat, in an indeterminate state, simultaneously dead and alive until examined by an observer. In this case, the uncertainty over the impact of Alice on patent prosecution will only be dispelled when the USPTO analyzes the Alice opinion thoroughly and announces the Office’s interpretation of that opinion with a clear and unified voice. At that point, inventors, business owners, patent prosecutors, and patent examiners will be able to return to playing their respective roles within a rational patent system in which all parties involved seek to promote innovation according to fair, clear, and consistently-applied rules.

Microsoft Patents Business Data Services, Anti-Phishing Scanners and Tailored Web Services

Microsoft has one of the most powerful patent portfolios in the world and the past few weeks have not shown any signs of slow activity here. One patent protects a system enabling mobile device users to quickly share video and audio content across short-range networks, like Bluetooth. A couple of software solutions for business issues are included, such as one patent protecting a method of syncing data from a recovery machine more quickly in response to a network failure. The prevention of phishing scams and methods of tailoring web services to the preferences of a group are also explored below.

Apple Patents Focus on Improving iPhone Functionality

Mobile device innovations are still a great area of focus for Apple, and we found a trio of patent applications which could improve functionality in a number of areas for the iPhone or other mobile devices. Methods of receiving personalized suggestions through a mobile device for nearby events or attractions are outlined within U.S. Patent Application No. 20140287780, filed under the title Location-Based Categorical Information Services. This would protect a method of receiving a request from a device for categorical data, which would include location information, for a content item on a map that meets a geographical parameter. This technology is designed to help mobile device users find establishments within their vicinity which are aligned with their personal interests without having to consult a travel guide or visit a tourism office.

Improving Innovation Climate Critical to US Economic Future

We have thoroughly destroyed the manufacturing capabilities of the United States and in the process decimated middle class America. The Supreme Court is forcing an anti-patent agenda on the courts, which makes it increasingly difficult climate for those in the biotechnology and software industries, two industries that employ large number of Americans and provide extremely high paying jobs. Companies are also simultaneously fleeing the U.S. for corporate tax purposes and/or refusing to repatriate trillions of dollars earned over seas else it would be taxed once again by the IRS. In short, we are shooting ourselves in the foot over and over again, then taking the time to thoughtfully reload and recommence shooting in said foot. There is no real reason for optimism given the political climate in DC and the reality that innovative advances that are now stalled in the patent system have historically carried us out of recessions and onward to prosperity; something that just won’t happen given the current manufacturing, patent and tax policies and laws.

Why Brands Need to Pay Attention to Unregulated Domains

The ‘.bit’ domain, a new decentralized domain structure, has secured a small but loyal following, and could one day change the way brands operate online. .bit registrations are not associated with a name, address, or phone number, but are linked to a cryptographic identity, preserving anonymity. Unlike customary domains – such as ‘.com’ – ‘.bit’ cannot be accessed from traditional web browsers or registered using traditional currency. Instead, individuals attempting to gain access to these domains must first download specialized software that allows access to the sites using Windows browsers, and pay for the registration with a crypto currency called Namecoin.

Big Banks Get Software Patents Despite Alice

There are plenty of patents being issued to these giants of the banking industry which protect methods of processing transactions or performing other services through computer technologies. This year’s Supreme Court decision in Alice Corp. v. CLS Bank International has drawn a lot of attention to software patents, and particularly the type of financial service software patents that were protected by the Alice Corporation patent. The Supreme Court specifically cited that fact that the software was related to financial transactions as at least some reason to rule the patent claims invalid. Yet, there are a number of patents we noticed which were recently issued to these financial corporations involving software technologies for financial services.

Department of Energy Pumps Money into Offshore Wind Energy

According to the National Renewable Energy Laboratory, there is a potential 4.15 gigawatts of energy which can be collected from offshore wind collection around the country’s waters. The total electric generating capacity of the entire nation was 1.01 gigawatts as of 2008. All of this energy can be collected from waters within 50 nautical miles of America’s shorelines… Offshore wind farms face unique problems in seafloor depth and corrosion from ocean water which can cause higher operational costs in the form of maintenance team transport and replacement components. Offshore wind technology development projects are needed to develop tools for engineering modeling and analysis which can spur further innovation and lower the facility costs for offshore projects.

Merck Patents Drugs for Metabolic Disorders & Alzheimer’s

Our survey of the patents recently issued by the USPTO to Merck showed us a great deal of innovation in the field of metabolic disorders and conditions, especially obesity-related diabetes. But one particular patent issued to Merck now protects a pharmaceutical compound inhibiting the activity of gamma secretase and other enzymes involved in the production of amyloid beta. It’s believed that reductions in amyloid protein can treat or even prevent Alzheimer’s disease, making it a very important area of medical research.

Pfizer Focuses Recent Patent Activity on Antibacterial Agents

Patent applications recently published by the U.S. Patent and Trademark Office show that Pfizer’s recent development goals have focused on a broad spectrum of diseases and disorders… Treatments for a number of bacterial infections which can develop in hospital settings was another field of innovation reflected both in Pfizer’s patent applications as well as the patents recently assigned to the company. A couple of recently issued patents protect treatments against gram-negative bacteria by inhibiting a catalyst enzyme necessary for bacterial reproduction.

Data Security Systems and the Prevention of Identy Theft

Home Depot may be the latest and largest breach to become news, but it’s certainly not the only one and hacking activity seems to be ramping up in the past few months. Malicious software known as Backoff, responsible for the Target breach, has also been identified as a potential culprit in recent breaches at Dairy Queen, Supervalu and United Parcel Service. Law enforcement officials have theorized that an Eastern European group may be responsible for a majority of these breaches because of links to Ukraine in the malware’s code… [R]ecent data breaches at major corporations have agitated some financial technology developers to look for more secure options for conducting transactions without cash. Many are touting a new wave of debit and credit cards which have microchips that improve data security as a possible answer.

Patents for Secure Identity Authentication for EFT to be Sold at Live Auction

On October 23, 2014, ICAP Patent Brokerage will sell a portfolio of patents relating to systems and methods for secure identity authentication for electronic funds transfer. The chain of innovations divulged in this portfolio creates a security-by-design Trust Framework by binding payment addresses, ownership, and provenance to a collection of identity attributes such as access control permissions, rules and instructions to expedite and increase net deposits in recipient accounts.

Hitachi Patents: Big Data, Identity Authentication and Tsunami Protection

Many of the patent applications published recently by the U.S. Patent and Trademark Office and assigned to Hitachi involve various aspects of data storage and systems for data management, including a method for energy-efficient cooling of data center equipment. Hitachi is also involved in the development of automotive services, and we’ve included one patent application describing a vehicle information system that can improve pedestrian and bicyclist crossings. Other patent applications that intrigued us today include one waterproof panel for protecting a building against a tsunami influx and an identification system that can authenticate a person based on the blood vessel pattern in their finger.

USPTO Launches Redesigned KIDS! Web Pages

The USPTO announced the launch of its newly redesigned KIDS! Web pages aimed to encourage students of all ages to learn about the importance of intellectual property (IP) creation and protection. In addition to featuring young inventor profiles, activities, and videos, the pages also offer curricula that link Science, Technology, Engineering, and Math (STEM) education to IP and innovation through downloadable lesson plans, hands-on instructions for building inventions, USPTO career information and other useful resources.