As the second largest economy in the world, China is emerging to the center of the world’s economic stage. This emergence has been accompanied by constant changes in its legal and economic sectors. The intellectual property sector also has witnessed numerous recent changes. There have been significant new advances in China’s national innovation policies. New trends in Chinese patent filings have emerged. A growing number of Chinese companies are creating their own IP and increasingly filing infringement suits against foreign companies and their local competitors in China. China’s third patent law amendment has materially changed patent practice and procedures in that country.

Eastman Kodak Company reported that it was continuing its march forward toward becoming a profitable and sustainable digital company. A sustainable digital company? In order to achieve this goal Kodak will need to better leverage its intellectual property portfolio. How will Kodak seek to generate cash from its intellectual property portfolio? The company is shifting gears and is pursuing a plan to sell 10% of it is patent portfolio to attempt to raise cash to remain in business.

In my experience, the passion to invent is stirred by two things: dissatisfaction with an existing product or service (i.e., too large, too slow, too expensive, too difficult to use), or a dream and desire to create something entirely new, a product or service that will augment humanity’s capability to reach farther, move faster, aggregate and analyze all sorts of data, or bring together pieces and form a whole that is greater than the sum of its parts. Over my career I have been a named inventor on 147 U.S. patents. Over my career I have developed a process for identifying consumer needs and creating unique, patentable solutions that are relevant in the marketplace. I call this the Eureka Method. The Eureka Method is a mental discipline that can be learned and practiced to help you produce a Eureka! moment.

The appeal of the PCT process is that it enables patent applicants to file a single patent application and have that single, uniform patent application be treated as an initial application for patent in any Member Country. This single, uniform patent application is what is referred to as the international application. Filing an international patent application to start the patent process can frequently be a wise move if you are contemplating securing patent rights in multiple countries. It is, however, important to understand that obtaining international patent protection is not cheap. It is also important to understand that the international patent application you file will not mature into an international patent.

Commissioner for Patents at the United States Patent and Trademark Office (USPTO) Robert L. Stoll has announced his intention to retire from the agency effective December 31, 2011. Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos has announced that he will nominate current Deputy Commissioner for Patents Margaret “Peggy” Focarino to the position of Commissioner for Patents once Commissioner Stoll’s resignation becomes effective.

It seems that no matter where you go these days, the likelihood is high that you will see a “Free Wi-Fi” sticker on the front door of the establishment. Whether you are going for coffee, meeting a colleague for lunch, stopping at a rest stop or waiting for an airplane, you can pretty much bet that you will be able to check your email and surf the web while you are there. It is clear that most restaurants are starting to realize the power and potential of social media, not only for the use of their clientele but also in getting their message out in new and innovative ways. They are seeing that building larger online communities equates to higher numbers of restaurant sales. For this reason, media outlet Nation’s Restaurant News teamed up with an analytics and digital branding firm, DigitalCoCo to create the Restaurant Social Media Index (RSMI) highlighting the industry’s Top 100.

Of course, these lists never give any love to the small or mid-size firms that provide high quality legal work at a reasonable cost to clients. But that is only one of the things that will raise some eyebrows. U.S. News included Howrey LLP in the top tier for intellectual property litigation and the firm dissolved on March 15, 2011, hardly 10 weeks into 2011. So how exactly does that qualify Howrey, a firm that no longer exists, for top tier ranking? That alone will cause some to scratch their heads and wonder exactly what U.S. New was thinking.

I have wondered out loud whether the Judges of the Federal Circuit realize that the outcome is unpredictable until the panel has been announced. It seems that at least some do. How is that defensible? How do others not on the Court not see a problem? The law needs to be certain and predictable and at the Federal Circuit far too many times it is neither. Claims construction is but one of the areas as clear as mud. The Federal Circuit was created to bring certainty to the law, but what has transpired over the course of the last 10 years or so seems to be anything but certainty and stability. For crying out loud a patent is a property right and for any property rights regime to flourish it must be stable and certain! In the words of this generation: OMG!

What If you created an automobile engine that could deliver 500 miles per gallon of gasoline would you seek a patent? I suspect you would because that type of engine would almost certainly be revolutionary. So why wouldn’t you think about patenting a software system that more efficiently manages power consumption for a large office building? If you could reduce energy consumption by 25% wouldn’t that be noteworthy? Of course, and it should be patentable as well. Legally it doesn’t matter whether the advantage is created by an old world mechanical gadget or thanks to the constant monitoring and manipulation of parameters via a computer following instructions. Both are innovations and both are patentable, and rightly so.

The holiday patent du jour gives us the opportunity to explore the candy collecting aspects of trick-or-treating. More specifically, U.S. Patent No. 7,594,669 is for a portable container having wheels and a handle. What makes it worthy note on Halloween is that the container itself is either a pumpkin, witch, ghost, goblin, monster, vampire or werewolf. And yes, that is required in the broadest claim, claim 1. The pictures in the patent show a jack-o’-lantern version of the invention.

There are two free webinars this week relative to the America Invents Act to alert you to. Given the enormity of the changes and how every time I read the legislation I seem to find something new, you might want to take time to sign up for both. The first will be hosted by the United States Patent and Trademark Office on Monday, October 31, 2011 beginning at 1:00 pm ET. The second, which will focus specifically on how the AIA will impact your business, is provided by K&L Gates and will be on Thursday, November 3, 2011 from 3:00pm to 4:30 pm ET.

It is certainly true that once you file a nonprovisional patent application your ability to make additions to the application has largely ceased. Even if you are filing a provisional patent application, while you could always file another provisional patent application to correct mistakes, the first filing is only as good as what is disclosed. Taking the first filed patent application seriously and making sure it has all the necessary disclosure is absolutely critical. Therefore, having a professional review your patent application before you file is definitely wise. The question, however, is when do you seek the assistance? Frequently many inventors wait too long before they seek help, which means much of what they have done is unusable and various levels of difficult (or impossible) to work with.

Breakthroughs in science and engineering create foundations for new industries, new companies, and new jobs. This is undeniably true. The question is how do we unleash this engine of growth? I am in favor of streamlining the technology transfer process, but I believe that it needs to begin from within. Universities have to revise the view of their appropriate role. Universities are not supposed to be in the business of technology transfer to make money, but rather to facilitate the development of exciting new innovations while training the next generation of engineers and scientists. By developing exciting new innovations and then placing them into the private sector the University plays a vital role in the innovation economy. Under-funding and over-working technology transfer departments is counter-productive.

We are still in limbo. I got a post card from the IRS telling us that they have received of our materials and that they will be working on it but with 270,000 extra cases to process I am not expecting anything real soon. If you knew of the change and have been filing annual 990s, my hat is off to you. However, no news in this case is really bad news because if you haven’t been filing an annual 990 and you haven’t received the notice, the IRS probably doesn’t know where you are. So rather than assuming everything is OK it might be a good idea to make inquiries.

Exactly who is to blame if a pharmaceutical company, say Eli Lilly, decides to invest billions of dollars and build a facility when they haven’t adequately protected their own intellectual property? Moreover, who is to blame if that company consciously chooses to resort to trade secret protection, which we all know is exceptionally fragile, as the foundation to build a multi-billion dollar investment? For crying out loud, the very premise that a patentee could force the closure of a manufacturing facility employing hundreds or thousands of people and interrupt the production and distribution of anything, let alone something as consequential as a pharmaceutical, is nothing more than fantasy. Talk about chicken little! Only someone unfamiliar with the evolution of the law relative to preliminary and permanent injunctions in patent litigation could with a straight face much such an argument. Indeed, the mother of all straw arguments!