Earlier today the United States Court of Appeals for the Federal Circuit issued its much anticipated decision in In re Bilski.  The question that was presented by this case was whether a purely mental process is patentable subject matter.  The Federal Circuit, however, decided to write about something much more interesting to them, namely whether software patents are patentable subject matter.  We had been expecting a far reaching decision that dealt a blow to business method patents, but few would have expected just how far reaching the decision would be and that it would call into question thousands of software patents granted over the last 10 to 15 years.

Believe it or not, this patent on disposable boxer shorts was issued on April Fools Day 2003! The fact that this patent issued on April Fools Day is rather appropriate and does certainly demonstrate that someone in the Patent Office has a sense of humor. The Background of the Invention starts by saying: “The need for clean underwear is almost universal.” I suppose a truer statement could not be made. Apparently the problem that is being solved by this invention is the difficulting in preparing clean underwear when traveling and/or camping. Nevertheless, I still have to question whether a pair of boxer shorts made out of tissue paper satisfies the patentability requirements. Finally, on some level aren’t all boxer shorts disposable?

It is hard to overstate the popularity of Benjamin Franklin in the 18th century world. Today in the minds of many Benjamin Franklin is remembered as one of the Founding Fathers, and revered for his contributions to the drafting of the Declaration of Independence, the Constitutional Convention and his role in finally convincing the French to join America’s fight for Independence. While all of these accomplishments are certainly noteworthy and would be the defining achievement in the career of most, it is the science and invention of Benjamin Franklin that propelled him to fame and fortune. The list of Benjamin Franklin’s inventions (see below) reveal a man of many talents and interests. It was his love of science and the pursuit of knowledge, however, that brought out the inventor in Franklin. His natural curiosity about things and the way they work made him try to find ways to make them work better.

Free-standing lasagna product
US Patent No. 5,939,113 [ PDF ] [ HTML ]
Issued August 17, 1999

This obscure patent is a recipe for lasagna. Yes, lasagna was patented on August 17, 1999. Truthfully, that over exaggerates the situation somewhat, but really only slightly. It is more accurate to say that this particular lasagna recipe was patented less than four years ago. Still, with all the cookbooks available I would have thought that pretty much any lasagna recipe would be either anticipated or obvious. This recipe is rather unique though. If you follow the recipe you can cook the lasagna in 30 minutes rather than 45 minutes for traditional lasagna. You can also cook it at 500-550 degrees rather than the conventional 350. Finally, you can forego the lasagna pan. Yes, this recipe does not require a pan. Just put the lasagna right in the oven with no pan! So if you are adventurous enough to try pan-less lasagna you might be a patent infringer!

Bi-digital O-ring test for imaging and diagnosis of internal organs
US Patent No. 5,188,107 [ PDF ] [ HTML ] 
Issued February 23, 1993

This is an oldie, but a goodie!  When I first profiled this patent back in 2003 I wrote this:

“I am almost at a complete loss as to how to describe this patent. This one absolutely must fall into the WHAT WAS THE EXAMINER THINKING category. Perhaps this is more indicative of an examiner in need of an issuance in order to make their quarterly bonus. In any event, this invention (if you can call it that) relates to a method for imaging an internal organ of a patient. In order to overcome the prior art problems associated with harmful radiation, the inventor has devised a method through which the patient and health care provider create an O-ring using thier index finger and thumb. The patient and health care provider entangle their finger/thumb O-rings and then hover them over the part of the patients body that needs to be imaged. I guess the thought is that the electromagnetic radiation running through all of us will somehow beam through the patients body and result in an image being produced on a film. This patent seems to be living proof that utility is no bar to patentability whatsoever, unless you claim a perpetual motion machine, which by the way might well be more believable than this so-called invention.”

Earlier this month Activision filed a trademark registration for “Guitar Hero Modern Hits.”  Guitar Hero is the massively popular video game that allows you to try and keep up with the music and play like a legend.  According to Wired, 90% of children surveyed want Guitar Hero for Christmas.  So obviously it makes sense for Activision to file trademak applications to protect this mega-hit.  But trademarks are not only for those companies that are trying to dominate the world.  Trademarks can be a significant asset for any business to have, even small businesses.  In order to protect your business and develop valuable assets it is a good idea to apply for a trademark.

The Wall Street Journal Law Blog is reporting today that Nike has sued WalMart alleging design patent infringement. The patents in question are US Design Patent 498,914 and US Design Patent 499,248, both titled Portion of a shoe midsole.

Those who are familiar with IPWatchdog.com may know that for years I have counseled individuals to beware of design patents because they are quite weak, although very easy to get. This advise now needs to be completely rethought and probably completely scrapped. The United States Court of Appeals for the Federal Circuit, the chief patent law court in the US, recently issued a decision in Egyptian Goddess, Inc. v. Torkiya that requires us to reevaluate the strength and importance of design patents. I suspect this case is exactly why Nike decided to sue WalMart. Of course the timing of the Nike lawsuit may be mere coincidence, but the fact that it comes only weeks after this monumental decision from the Federal Circuit at least suggests that there is a strong perception that design patents are now more meaningful and indeed stronger.

Clothes Protection System [ HTML ] [ PDF ]
US Patent No. 7,350,239
Issued April 1, 2008

The United States Patent Office issues some real interesting patents on a regular basis, but over the years it has become apparent that there are those within the Patent Office with a real sense of humor.  April Fools day is a national day for pranks, and not to be left out the Patent Office seems to like to issues crazy inventions on April 1.  This invention is a case in point.  On April 1, 2008, a US patent was issued on what appears to be a bib.  You simply open up the opening and put your neck into the center opening and then close around your neck using a Velcro securing mechanism.