Posts Tagged: "patents"

Protecting Ideas: Can Ideas Be Protected or Patented?

For goodness sake stop thinking that you will get rich by selling your idea to industry and sit back and collect royalty checks for doing nothing. If inventing were that easy everyone would be a filthy rich inventor! Many people will have great ideas, but what separates those who can turn their ideas into money from those who cannot is a strategy to define the idea enough so that it can become an asset that can be protected.

Proposal: Unlocking Job Growth with Patent Acceleration

The reality is that unless and until Congress steps up to the plate and does something, which seems extraordinarily unlikely, the Patent Office will be left to attempt to piecemeal together solutions. So while no one solution can or will solve all of the problems plaguing the patent system, if cascading solutions are employed at least some applicants can be helped and at least some applications can be accelerated. Of course, the name of the game today is job creation, so I propose a creative way to accelerate patent applications out of order upon proper showing that jobs will be created, and focus my suggestions on those companies that are most likely to create jobs; namely those 5 years or younger and with 99 or fewer employees.

NEWSFLASH: Duke Researchers Say Patents Block Competition

Last week, on Thursday, April 15, 2010, while many individuals were scrambling at the last minute to file income tax returns in the US, Duke University released a study that, not surprisingly, says patents block competition. WOW! Thank you so much for clearing that up Duke! What would we have ever done without the learned elite at Duke University telling us that patents block competition. Seriously… what was your first clue? For goodness sakes I hope you didn’t take much time or energy coming to that conclusion, given that is exactly what patents are supposed to do. You see, they provide exclusive rights, which means the owner of the right has the ability to exclude. So let’s all breath a sigh of relief that the money spent on an academic study actually reached a conclusion that is true and accurate. Now, if the conclusions drawn from the study were only as commonsensical as the discovery of patents conveying exclusive rights.

Patent Lessons from Monopoly® and the First Millionaire Game Inventor

As a result of his invention Darrow became the first millionaire game inventor, thanks to royalty payments. The irony, however, is that Darrow may not have invented the game at all, but rather he may have taken a locally popular game and made only a few changes. By the time Parker Brothers realized that Darrow may not have been the true inventor the game was already a huge success. In order to protect the game and its investment the decision was made to buy up all patents and copyrights on any related game, thereby ensuring the monopoly on Monopoly®.

Show Me the IP! Venture Capital Success Based on Patents

Earlier today Dale Halling, of Halling IP and State of Innovation Blog, brought to my attention an article on the IAM Magazine Blog from a few weeks ago. Joff Wild of IAM blogged about a study conducted by IPVision, Inc., which focused on analyzing the intellectual property positions of over 9,000 US venture capital backed technology companies. The study was…

Rebutting the Myth that Patents Last Too Long

One of the main criticisms of patents by those who are not intimately familiar with patent law, or on the periphery of the industry, is that patents last too long. The reality, if any generalizations could be made at all, is that the overwhelming majority of patents do not last “too long,” but if anything last for only a fleeting moment in the greater scheme of life. So while it is completely true to say that software and certain other high tech innovations should not be locked up for 20 years, the reality is that no patent provides 20 years of protection.

Companies Don’t Accept Confidential Submission of Ideas or Inventions

As you review the statements below, all of which were publicly available on the Internet when I found them, I think what you will find is that those companies you would most like to review your ideas and inventions are the companies that are not going to do so on a confidential basis. Many companies require an issued patent, or at least a pending patent application. Over and over again they recommend that you at least file a patent application prior to submitting in order to preserve your rights, and recommend that you contact a patent attorney.

Beware Those Claiming Software Patents Are Unnecessary

If patents are good for Microsoft and the tech giants, patents are right for Red Hat and the open source community and patents are demanded by investors, as Dean Kamen explains, when small businesses seek funds, why would they be bad for independent inventors and small businesses? When you start out in business you don’t model yourself after those who fail, but rather after those who succeed, and the one thing successful businesses with proprietary and open source business models agree on is that patents are important enough to obtain. Simply stated, those who refuse to acknowledge the power and protection afforded by patents ignore reality and must be assumed to have an agenda.

Quinn and Koepsell Discuss Gene Patents on GritTV

Last Monday, October 26, 2009, I had the opportunity to discuss gene patents on GritTV with host Laura Flanders. I appeared on the show via Skype video along with David Koepsell, the author of Who Owns You? , who was in the studio. I was supposed to be in New York City with David to debate him at Cardozo Law…

Happy Halloween: Halloween Patents

There are issued US patents for virtually ever occasion, and certainly for every holiday.  I like to try and profile holiday patents, which are always interesting if not outright funny at times.  So with no further ado, I give you some Halloween Patents!  Happy Halloween everyone, and safe trick-or-treating kids! Climate Adaptive Halloween Costume US Patent No. 6,904,612 Issued June…

Apple Expands Patent Portfolio Relating to GarageBand

Apple was issued US Patent No. 7,608,775 earlier today relating to a method of changing time duration guiding a note along a beat ruler in a Graphical User Interface (GUI).  This patent application was filed on January 7, 2005, the same day that several other GarageBand patent applications were filed, including US Patent No. 7,603,623, relating to methods to automatically…

USPTO Designates New PTDL, But What About Online?

The United States Patent and Trademark Office a few days ago announced the designation of the Ryan-Matura Library of Sacred Heart University in Fairfield, Connecticut, as a Patent and Trademark Depository Library (PTDL). The patent and trademark depository library program began in 1871 when federal law first provided for the distribution of printed patents to libraries for use by the…

Beware the Anti-Patent Misdirection and Lies

Anyone who has been reading over the last several days knows that anti-patent advocates have been lambasting me for taking the position that patents are not evil and that more than a 0 year patent term is appropriate.  This debate was progressing about as well as you could expect I suppose.  I was making arguments and the anti-patent advocates…

GQ Picks: Stuff Worth Reading Vol. 3

I am in sunny Southern California this week teaching a patent bar review course at Whittier Law School.  Typically when I am on these trips it is a little more difficult to get substantive articles written.  In the mornings while John White lectures I am available to answer questions for students enrolled in the course, and try and keep up…

Gates Hurricane Patents Discussed in USA Today

Today in the Science section of USA Today, page 6D, an article titled Hurricane-calming technology?  Gates has plan appeared.  I was interviewed by Dan Vergano at USA Today yesterday regarding the various patents filed by Bill Gates, which I also wrote about in an article titled Bill Gates Seeks Patent on Hurricane Prevention.  The USA Today’s article was a good…

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