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USPTO Administrator for Policy and External Affairs – Albert Tramposch – Rejoins AIPLA as Deputy Executive Director

The American Intellectual Property Law Association (AIPLA) is pleased to announce that Albert Tramposch, Administrator for Policy and External Affairs at the United States Patent and Trademark Office (USPTO), willresume his former post as AIPLA Deputy Executive Director for International and Regulatory Affairs, beginning January 16, 2012.

A Manufacturing Strategy for 2012: Keeping Jobs & IP in the U.S.

At his speech at the U.S. Chamber of Commerce, Commerce Secretary Bryson outlined his top three priorities to help American businesses “build it here and sell it everywhere,” focusing on supporting advanced manufacturing, increasing our exports, and attracting more investment to America from all over the world. The key to emerging from the Great Recession is, of course, manufacturing. Manufacturing jobs have left the U.S. in favor of more business friendly climates in other countries, taking with them U.S. jobs and U.S. intellectual property. But moving into a Presidential election year will government be able to do anything that is at all likely to help?

Christmases Past: Sleigh Patents of the 1880s & 1890s

My review of the state-of-the-art sleigh technologies shows that during the early 1880s more comfortable sleigh rides were on the minds of many an inventor, and by the mid to late 1890s improvements evolved to include additional features, such as removable seats, steps to assist one to enter and disembark from the sleigh and various steering mechanisms. Like virtually all reviews of patented technology, even such low tech inventions as sleighs, the ongoing evolution of improvement is apparent, which is the hallmark of innovation. Make things safer, faster, cheaper or stronger. Innovate to make operational improvements the users will greatly appreciate, such a smoother riding sleigh. Such a review of sleigh technology also gives us a glimpse into life of the day by showing us the problems that creative members of society were working to solve.

Merry Christmas from IPWatchdog

The holiday season is about having fun, spreading cheer and spending time with family and friends. So in that spirit we put together a few video Christmas cards for our readers. From our family to yours – Merry Christmas! Thank you for reading IPWatchdog.com!

An Introduction to Patent Claims

Why are we talking about this in a claims primer? There is a difference between adding what we call “new matter” and adding patent claims. New matter, which is prohibited, is defined by first viewing whatever is present at the time of the original filing of the patent application. In determining the breadth of what is covered by that initial patent filing you rely not only on the description contained in the specification and any drawings filed but also on the originally filed claims. Thus, new matter is defined in the negative. If it wasn’t there in the specification, drawings or originally filed claims then it is new matter. If it was present somewhere in what you filed it is not new matter.

Patenting Board Games 101

In my experience one of the things that inventors of board games frequently forget is the inclusion of alternative methods of play. Don’t just focus on the preferred method of play and preferred rules, but think about ways that the game can be modified and changed. Let me use an example from the extremely popular game Monopoly. One of the things that keep many people from playing Monopoly is the length of the game. That has lead to any number of various “house rules” to be implemented by those who love the game but want it to be played faster so the game can be completed in a reasonable time frame, or at least before everyone loses interest. So if you invented Monopoly in addition to the traditional rules you should give some thought to rules associated with accelerated play.

Patent Filings Up Worldwide, Outpacing GDP Growth

The question, however, is whether this increased inventive activity is sustainable in light of the overwhelming backlogs faced by Patent Offices around the world. It is great to have a lot of inventive activity and interest in obtaining patents. That shows that there is increased interest in business activities because few, if any, pursue a patent for the sole purpose of obtaining a patent. There is almost universally some business goal with associated hopes, dreams and potential positive impact for the economy. Whether this increased innovative activity can and will be something that produces an associated economic boon remains to be seen and is largely, if not completely, dependent on the political machinations of those in Washington, DC and other capitals around the world. Talk about a depressing though!

Design Patents: The Under Utilized and Overlooked Patent

As the chart below demonstrates, design patent applications have been on the rise since 1975, but still in fiscal year 2011 there were just over 30,000 design patent applications filed. That strikes me as an extraordinarily low number given the number of inventions that could potentially receive a design patent. Design patents must be considered by all inventors because of the backlog at the United States Patent and Trademark Office. It can take 3 or more years, sometimes substantially longer, to obtain a patent. By contrast a design patent can in many instances be awarded in as few as 6 to 8 months. Some patent is better than no patent, so inventors with a gadget or device should ordinarily be seeking design patents as well as utility patents for that reason alone.

Update, Thank You + Please Vote IPWatchdog

Hello everyone. I am writing today to provide an update to our readers on several matters (i.e., Renee’s surgery and our server issues), and to make a plea for votes in the ABA Blawg 100 contest — IPWatchdog is in the IP Law category. So please vote for IPWatchdog and if you could help spread the word to family, friends and co-workers and get them to vote that would be greatly appreciated.

Raising Funds: Elements of a Successful Kickstarter Campaign

So here’s what I learned about Kickstarter specifically, and crowd funding in general, after running a campaign. Setting your goal correctly is at least as important as setting your rewards. The FAQs on all of these sites all say to set your goal to the minimum that you need to launch the product, and after running a campaign I completely agree. I still could have produced my book with a goal of $5,000, and that would have been a much more reachable and less nerve-racking goal. But I wanted to hit five-figures, and when perusing all of those successful campaigns (some of which had hit six figures) it’s easy to have delusions of grandeur. I just barely made my goal, but I was sweating bullets at day 22 or so with another $2,500 to go and no good ideas for additional marketing of the campaign. Instead of risking the backing I had received by setting a goal too high, it would have been smarter for me to set a lower goal and hope for a 150% funding success instead of the 105% I did barely obtain.

The Social Media Diva to Have an Anterior Cervical Discectomy

After meeting with my doctor, discussing the results of my tests, reading through all of the documentation and talking to my mother who had a similar surgery in 2000, I realized that there have been so many medical breakthroughs over the years. These medical breakthroughs make surgeries like this possible, and in many cases with far better outcomes. So I thought I would write about some of those revolutionary technologies and the Hall of Fame inventors who were responsible for them.

Vote for Chance to Win FREE PLI Patent Bar Review Course

In cooperation with the Practising Law Institute, I will be giving away 1 free PLI Patent Bar Review Course to one lucky individual. Entry is free, but to be eligible you must vote for IPWatchdog.com and tweet the vote count after your vote.

CAFC: PTO Has Power to Reexamine Already Adjudicated Patents

The CAFC’s split panel decision this past week – In re Construction Equipment Company – extends the PTO’s authority to reexamine a patent even where its validity has already been adjudicated and confirmed by the courts. Yet the CAFC once again fails to explain how a PTO reexamination finding that a patent is invalid effects an earlier judicial determination that the same patent is valid and infringed.

Why Does It Cost So Much to Prepare a Patent Application?

Outsourcing to those who speak English as a second language is extremely dangerous, and there is only so much an inexperienced patent attorney or patent agent can do without having someone more seasoned review the work and add value. We can gripe about the “good old days” or we can just realize that it takes more time and more energy to prepare patent applications then every before, and consequently more money than ideal. So if you are going to go down the patent path do yourself a favor. Either go all in and get quality or don’t bother. The half-way solution is a recipe for spending money and getting nothing to show for it in return.

Holiday Giving 2011: Gift Ideas for the Geek in Your Life

With the economy still unsettled, extravagant gifts aren’t likely in many budgets. That means creativity will reign supreme. With a little extra thought you can give a really cool gift to that special someone, whether they are a patent attorney, inventor, law student or computer geek. With that in mind, below are some suggestions in order to help you find some fun, thoughtful and appropriately cool gifts for the geek in your life. The best part is the price means that one or more of these items should fit almost any budget.