http://www.patentlyo.com/patent/2013/04/patent-grant-update.html
It looks like the number of patents issued has continued to increase since 1983 with a slight drop during the recession. The numbers have since picked up to reach record highs and are on track to be the year with the highest number of patents issued. As technology is advancing there is more use to file patents. Also, now that the patent "game" has received more publicity with many high profile cases resulting in millions of dollars transferring hands people are starting to see dollar signs in their eyes. It is great that our government is able to process this many patents in the coming years and are willing to help protect the intellectual property of inventors but not all of the people filing patents are doing it for the right reasons. The drop during the recession makes me wonder why. Was it because patents are somewhat pricey to file or was it because people were just focusing their efforts elsewhere?
Monday, April 29, 2013
Patenting a sandal? #26
http://www.patentlyo.com/patent/2013/04/patent-conscious-preparation-for-a-summer-at-the-beach.html
After reading this article I am conflicted. On one hand I want to commend the inventor for patenting such a simple stupid idea probably with the hopes that Crocs will buy it from him. On the other hand this guy sucks and so does whoever let it slide through the patent office. I understand this as a design patent but as a utility patent? How was this classified as new and useful. The concept of sandals that make imprints has always been out there. I remember as a young kid seeing cheap plastic sandals from China on the beach that would do the same thing. And I have no idea how this is useful. Im sure I could come up with a bogus excuse as to why it is useful. But again, this guy played it smart he took the chance to patent it and it worked. I highly doubt he will go ahead and produce these sandals. The more realistic route is to sit on this patent and wait to be bought or for someone to infringe. Im torn.
Thursday, April 18, 2013
Natural Phenomena? #25
An article on Patentlyo says that the supreme court has ruled that abstract ideas, natural phenomena, and laws of nature are now ineligible for patent protection even when previously unknown or discovered. In the article there is a poll you can take that asks: Whether you think those non-textual exclusions should be treated as "prior-art. The results are as follows: abstract ideas 20%, natural phenomena 32%, laws of nature 32%, and none of the above 15%. I would really like to know how someone could even attempt to patent a natural phenomena and the USPTO let it slide. I think there is something that I am not understanding here is they are just now making laws of nature etc. un patentable. I would like to hear some feedback from the class in the comments section to discuss this.
Budget Cuts #24
http://www.patentlyo.com/patent/2013/04/uspto-budget-cuts.html
I cant believe with all of the back logged patents and work that is not being dont in the patent and trademark office the government thought it would be a good idea to not only cut the budget, but also turn over the user fees to the treasury. It seems like in a time like this the user fees would be what would sustain the USPTO. Apparently someone really wants to screw with everyone filing a patent and everyone working in the patent office. I am going to do some more research in the next few days to see who is in charge of making the call to cut the budget. I saw this article and i thought it was a joke. If you thought the USPTO was backlogged before, you havent seen the worst of it yet.
I cant believe with all of the back logged patents and work that is not being dont in the patent and trademark office the government thought it would be a good idea to not only cut the budget, but also turn over the user fees to the treasury. It seems like in a time like this the user fees would be what would sustain the USPTO. Apparently someone really wants to screw with everyone filing a patent and everyone working in the patent office. I am going to do some more research in the next few days to see who is in charge of making the call to cut the budget. I saw this article and i thought it was a joke. If you thought the USPTO was backlogged before, you havent seen the worst of it yet.
Sunday, April 14, 2013
Micro - Entity? #22
http://www.patentlyo.com/patent/2013/04/do-i-qualify-for-micro-entity-status-at-the-patent-office.html
I wish I had read this blog post a few months ago. I was unaware of such a thing as a micro-entity. When filing the provisional patent for Flowbit I has filed under a small entity. A small entity gets 50% reduction in fees and the micro-entity gets 75% reduction in fees. Since I was advised a few patent attorneys to file as a small entity I am sure there is a good reason I was not told to file as a micro-entity. In the grand scheme of things the extra 25% reduction of fees is not a make or break situation but I would like to find out the other benefits or drawbacks between entities. After my initial research it seems as if the only difference is the extra 25% discount. Hopefully the next provisional I file I will be able to get the full 75% discount as a micro-entity. Also, any fellow students of Patent Engineering looking to file any kind of patent make sure to look for the micro-entity box and check it off.
I wish I had read this blog post a few months ago. I was unaware of such a thing as a micro-entity. When filing the provisional patent for Flowbit I has filed under a small entity. A small entity gets 50% reduction in fees and the micro-entity gets 75% reduction in fees. Since I was advised a few patent attorneys to file as a small entity I am sure there is a good reason I was not told to file as a micro-entity. In the grand scheme of things the extra 25% reduction of fees is not a make or break situation but I would like to find out the other benefits or drawbacks between entities. After my initial research it seems as if the only difference is the extra 25% discount. Hopefully the next provisional I file I will be able to get the full 75% discount as a micro-entity. Also, any fellow students of Patent Engineering looking to file any kind of patent make sure to look for the micro-entity box and check it off.
He pushed me first! #21
http://www.patentlyo.com/patent/2013/04/sony-v-red-digital-redcom.html
This blog post talks about Sony suing Red Digital, a company founded by the founder of Oakley. It seems as if Sony is going after Red Digital in retaliation. Red had previously sued Sony first. This serves as a good lesson for younger companies that have a great track record, good product, and think they are invincible. Although a larger more established company may be obviously infringing on your product, case you know you can win, it may be wise to either let it go or wait a little longer until you decide to sue. These larger companies apparently hold grudges and will have you on their radar just waiting for the right moment to strike back and this time with the intention of completely destroying you. At the end of the day, regardless of the product or infringement, the larger company has the money to keep the litigation going until it drives the smaller company into the ground. The patent litigation game is more than meets the eye, it involves a ridiculous amount of strategy.
This blog post talks about Sony suing Red Digital, a company founded by the founder of Oakley. It seems as if Sony is going after Red Digital in retaliation. Red had previously sued Sony first. This serves as a good lesson for younger companies that have a great track record, good product, and think they are invincible. Although a larger more established company may be obviously infringing on your product, case you know you can win, it may be wise to either let it go or wait a little longer until you decide to sue. These larger companies apparently hold grudges and will have you on their radar just waiting for the right moment to strike back and this time with the intention of completely destroying you. At the end of the day, regardless of the product or infringement, the larger company has the money to keep the litigation going until it drives the smaller company into the ground. The patent litigation game is more than meets the eye, it involves a ridiculous amount of strategy.
Saturday, April 6, 2013
Banning old iPhones and iPads #20
http://www.fosspatents.com/2013/04/samsung-affirmatively-says-us-import.html
It would be interesting to find out if the sales of older iphones and ipads were significantly affecting the sales of samsung products. Contrary to this I wonder if Apple being forced to stop selling all of their older model products will affect sales of their newer products. There are so many different components of a company's business operations that these patent cases affect. It goes beyond the courtroom and lawyers and all the way down to the retailers. In a time when we as a country need to encourage consumer spending to boost our economy, removing desirable and affordable apple products can hinder this goal. The article states that Apple can only be affected at the low end and the repair business but I feel that it goes beyond this. While it may only affect these areas directly, it affects a lot more indirectly.
It would be interesting to find out if the sales of older iphones and ipads were significantly affecting the sales of samsung products. Contrary to this I wonder if Apple being forced to stop selling all of their older model products will affect sales of their newer products. There are so many different components of a company's business operations that these patent cases affect. It goes beyond the courtroom and lawyers and all the way down to the retailers. In a time when we as a country need to encourage consumer spending to boost our economy, removing desirable and affordable apple products can hinder this goal. The article states that Apple can only be affected at the low end and the repair business but I feel that it goes beyond this. While it may only affect these areas directly, it affects a lot more indirectly.
Predicting Patent Issuance #19
http://www.patentlyo.com/patent/2013/04/predicting-patent-issuance.html
This article merely poses a question and one that I find quite interesting. It is unfortunate that the author left the reader hanging with this question. I was really hoping there would be an answer or at least some evidence to support a claim. The question is are there objective factors that occur between the original application filing and the invention being patented. I am curious to know if there are objective factors and I wonder if the results of a study of this nature would prevent applications from dying before they are actually patented. I think if there are objective factors, which I have a feeling there are, this could be used by many inventors as a road map of things to avoid.
This article merely poses a question and one that I find quite interesting. It is unfortunate that the author left the reader hanging with this question. I was really hoping there would be an answer or at least some evidence to support a claim. The question is are there objective factors that occur between the original application filing and the invention being patented. I am curious to know if there are objective factors and I wonder if the results of a study of this nature would prevent applications from dying before they are actually patented. I think if there are objective factors, which I have a feeling there are, this could be used by many inventors as a road map of things to avoid.
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