Posts Tagged: "famous inventors"

When there is no market there can never be a monopoly because you cannot be in exclusive control of a non-existent market, and you cannot manipulate prices when no one is willing to buy what you are offering. Indeed, the truth is that the vast majority of patents, upwards of 90% of patents (perhaps as high as 98% of patents) will result in rights being granted to cover a product or service that will not be commercialized at all, or if commercialized will lose money because too few people are interested. That doesn’t really sound like a monopoly, does it?

While we have damaged our patent system, China has strengthened theirs. Job creation is stagnant, economic growth is anemic and the America Dream is dying. Congress must act to correct this damage and fix the patent system… The PTAB must be eliminated because no matter what changes are made to the rules it is difficult to see how this Board could ever be reigned in after starting and existing for the purpose of killing patents. Just changing the rules will not fix its systemic problems nor create a fairer process for patent owners.

For as long as I can remember, in order for a nonprovisional utility patent application to be awarded the all important filing date you had to file a specification that adequately described the invention, at least one patent claim and at least one drawing if a drawing would facilitate in the understanding of the invention. Spec, claim, drawing was beaten…

I have come to the dejected realization that our patent system does little to protect anyone who does not have millions in the bank to defend their invention… So why would someone now choose to publicly disclose their invention if the likelihood of being awarded a patent is decreasing and the potential costs are increasing? In this inventor’s eyes, they won’t and I won’t, at least not without a lot of money set aside as a defense fund. That is why my decision today is difficult and why I have chosen to write about this. I have believed in our patent system, as my father did and grandfather does, but I cannot overcome the concern that given the current landscape, I am better keeping my knowledge in my head rather than sharing it with the world.

I believe it’s not a good thing to be an inventor in the US and I hope that Trump’s “America first” will apply to inventors. Let me explain why. My name is Jean-Paul Castille, I have a degree in Engineering from “Ecole Nationale Supérieure des Arts et Métiers” (ENSAM), a major engineering school of France and I am an independent inventor. I am the president of Antor Media Corporation, a US patent licensing firm. My career has been dedicated to invention, the development and commissioning of prototype systems in different areas of the industry.

First to File was just the beginning of the damage caused by the America Invents Act. When the concept of the Patent Trial and Appeal Board (PTAB) is fully understood even more quit. Their American Dream goes up in smoke because bad legislation tilted the patent system in favor of large multinational corporations.

One of Twain’s more strongly held beliefs was that the people of the United States had a unique drive and propensity for innovation, which made this nation a special one… In addition to all the accolades that can be bestowed upon Mark Twain, he was also an inventor himself. As the U.S. Patent and Trademark Office itself has reported, Mark Twain’s real-life alias Samuel Clemens was named as an inventor on three U.S. patents granted to the author during the 19th century. This Monday, December 19th, marks the 145th anniversary of the issue of the first U.S. patent granted to Clemens. U.S. Patent No. 121992, titled Improvement in Adjustable and Detachable Straps for Garments, was issued in 1871 and protected an elastic strap for vests, pantaloons and other clothes.

One big mistake inventors make is they will go on page after page in their draft patent application about how they came up with the idea for the invention, what the market for the invention is and how they plan on tapping into that market. None of that is appropriate for a patent application. Various pieces, perhaps even all of it, would be appropriate for a business plan. So the first thing inventors need to understand and really internally appreciate is that a patent is NOT a business plan. If you are going to attempt to raise money to pursue your business objectives you will undoubtedly need a business plan and attaching a well drafted and previously filed patent application as an appendix can be useful at times, but a business plan and a patent application play very different roles.

First, every patent claim needs a preamble, which is the introductory phrase in a claim… Second, every patent claim needs a transition. The most common transitions are: “comprising” and “consisting of” … Third, the first time you introduce a limitation you MUST introduce it with either “a” or “an”, as is grammatically appropriate… Below in an example of an independent claim that applies the above stated three simple rules, which is taken from U.S. Patent No. 6,009,555, titled Multiple component headgear system.

The patent process can be overwhelming and quite costly for an inventor who wishes to secure patent protection on their invention. But there are certain steps of the process that should not be neglected because of financial constraints, otherwise your efforts could actually be counterproductive and work against you in the end… In other words, even if you qualify as a micro entity, which entitles you to pay 25% of the regular USPTO fees, the fees due just to the federal government will more than eat up a $600 budget and that is if you represent yourself, which can be quite risky.

The popular story goes that Alexander Graham Bell and the second man to file USPTO paperwork related to invention of the telephone, Elisha Gray, did so on the same day, Feb. 14, 1876, when time of day of receipt was not recorded. The exact order in which their paperwork was received that day by the chief patent examiner and how remains in dispute even now, according to the prologue of The Telephone Patent Conspiracy of 1876. Over time, historians seem to have sided with Bell, and Gray has more or less faded into a footnote of history.

Once you get that first provisional patent application filed you are ready to approach others for assistance with your invention. You have a measure of protection, but never forget you have no exclusive rights until the patent ultimately issues. You should also still get a confidentiality agreement signed by anyone who provides assistance to you. While the clock in the US is ticking to file the nonprovisional, the real important significance of confidentiality agreements after a provisional filing is so that those who assist you will not run off with your invention on their own. With this in mind, it is ABSOLUTELY CRITICAL that you get an assignment of rights with respect to any protectable aspects provided by those giving you assistance.

In my 54 years, I’ve never protested anything. I’ve complained to my friends and family and sometimes to a few unfortunate strangers. So this has been the first time publicly protesting anything for me… Darrell Issa was a cosponsor and a major political driver of this startup killing legislation, which is why inventors are going to his events to educate him and his potential voters. Issa’s race is very close with some polls showing him down by several points. His competitor believes in strong patents. This draws a clear distinction between the candidates and inventors and startups in California’s 49th district want to be represented by someone who will preserve their rights, and their companies.

Over the last two years, the Australian patent and trade mark attorney profession has seen a number of significant changes. The 2013 amendments to the Patents Act 1990, meant that Australian patent and trade mark attorney firms could incorporate. This led to the consolidation of some of Australia’s biggest patent and trade mark attorney firms. These consolidated firms have subsequently listed on the Australian Stock Exchange to raise capital and have since been on an aggressive acquisition spree to achieve market dominance… In short, there are inherent conflicts of interest when an individual or entity is obliged to act for both clients and shareholders.

The art of patent claim drafting is an undeniably difficult art to master. It is, however, essential for those in the patent space to both appreciate, understand and master. Before we put the cart before the horse let’s take a step back. Given the importance of patent claims it is not unreasonable to want to start there, electing to jump right into the deep end. That would be a mistake. That is not how patent attorneys do it, and if you want to succeed that shouldn’t be your approach either. Before you ever think about writing patent claims there are several very basic questions must be answered first.