Posts in IPWatchdog Articles

Criminals are finding that the penalties for intellectual property crimes pale in comparison to the penalties they would receive for trafficking drugs and engaging in other illicit activities. At the same time, the profit margin for counterfeit software is extremely high. So the combination of great riches, relatively low penalties and a low likelihood of being caught and you can see why criminal enterprises, including terrorist networks, are becoming major players in the counterfeit software black-market. In fact, one of the most vicious drug cartels in the world makes an estimated $2.4 million per day selling counterfeit software.

Just in time for Mothers Day, finally a gift suitable for both Mothers Day and Fathers Day. In keeping with the age-old tradition of inventing by juxtaposition, this highly functional and aesthetically pleasing invention “Cigar Lighter and Perfumery Ejector Combined,” which was patented on August 31, 1886, and combines the lighting of cigars with the dispensing of perfume.

It would have done Members of Congress good to see the stories of these extraordinary individuals who researched, developed, innovated and succeeded beyond the wildest dreams of what anyone could ever reasonably hope to accomplish. It is this innovation that has lead to life saving treatments, a better way of life, and countless American jobs. It was an inspiring, non-political evening that should have been celebrated at the highest levels in our government. This is who we want our children to become. These are the role models. We all need to work toward making math, science, engineering and innovation the sexy career path it should be. These thirty-nine inductees, and the other 421 previous inductees, together create perhaps the most exclusive society anywhere in the globe. They are no less than heroes of invention.

Everywhere I go, I meet entrepreneurs whose ventures either failed or are slowly dying on the vine because of the outrageous delays they suffered in getting patents. Who would invest the huge sums needed to develop a new medical treatment, for example, without at least the promise of exclusivity and a return on their investment that a patent provides? But because of delays stretching up to seven or more years in getting a patent, these startups lost crucial funding opportunities—or in some cases, even went bankrupt—as a result of the backlog of 1.2 million applications now throttling America’s overburdened and underfunded “innovation agency.”

U.S. Commerce Secretary Gary Locke will belatedly commemorate World Intellectual Property Day on Thursday, May 5, 2011, in a ceremony at the Rayburn House Office Building in the House Judiciary Committee hearing room. The event will take place starting at 4:00 pm. Secretary Locke’s remarks will begin at approximately 4:10 pm, and he is expected to highlight the importance of intellectual property protection and enforcement to the U.S. economy, celebrating the 11th anniversary of World Intellectual Property Day. World Intellectual Property Day is April 26, 2011, each year.

As James Madison stated in Federalist Paper No. 43, the usefulness of the Congresses power to award both patents and copyrights “will scarcely be questioned.” Madison, Debates in the Federal Convention of 1787, at 512-13 (Hunt and Scott ed. 1920). Given that today’s business world is increasingly based on a company’s ability to innovate and acquire intangible assets in the form of both copyrights and patents, it would appear as if the constitutional goal of stimulating creativity and invention has been wildly successful.

Just 12 days ago the United States Court of Appeals for the Federal Circuit issued its ruling in TiVo v. EchoStar, largely handing TiVo a victory in the epic saga between the two satellite TV giants. Earlier today TiVo Inc. (NASDAQ: TIVO), DISH Network Corporation (NASDAQ: DISH), and EchoStar Corporation (NASDAQ: SATS) announced today that they have settled all of their ongoing patent litigation. Under the terms of the settlement, DISH Network and EchoStar agreed to pay TiVo $500 million. On top of that the companies seem to have entered into a cross-promotion cooperation agreement.

I don’t think anyone will disagree that a digital library of this size would provide access to works that would otherwise never be seen, or worse, destroyed. The idea of a digital library is, quite frankly, awesome and one that I thoroughly applaud. More people would have access to works, the knowledge base of humans would increase exponentially, and there would be more availability of audio and Braille books for the hearing and vision impaired. Out of print and otherwise forgotten and falling apart books would be rejuvenated, precious written words would be rescued from certain ruin, and a whole world heretofore unheard of would take center stage. The heavens will part, champagne will fall from the sky, and unicorns will prance gleefully in the tulip fields. Ok, maybe not that last part, but still…

U.S. Commerce Secretary Gary Locke has appointed James Donald Smith of Chicago, Ill. to serve as the next Chief Administrative Patent Judge of the Board of Patent Appeals and Interferences (BPAI) at the U.S. Patent and Trademark Office (USPTO). As BPAI Chief Judge, Smith will lead the board that hears and adjudicates patent appeals from decisions of patent examiners. Smith begins serving as Chief Judge on May 8, 2011.

Earlier today the United States Court of Appeals for the District of Columbia vacated the preliminary injunction issued by the United States District Court for the District of Columbia preventing the federal government from funding stem cell research. Meanwhile, the patenting of stem cells is also currently under attack in Europe. According to European Union Advocate General M. Yves Bot, stem cells have the capacity to evolve into a complete human being and, therefore, must be legally classified as human embryos and must be excluded from patentability on moral grounds. But is it really moral not to perform research that many believe could hold promising cures for such diseases as Parkinson’s and Alzheimer’s?

Discoveries that lead to scientific breakthroughs that lead to engineering feats that turn discoveries and breakthroughs into reality takes time; a lot of time. A lot of time spent researching, discovering and engineering means a lot of money. Just look at the path we are taking with respect to various clean, green, alternative energy technologies. It isn’t like we don’t know what we are looking for, or what the holy grail is. It will just take decades to get there. Similarly in the life saving technology areas, such as biotechnologies, companies can easily spent a decade sucking in money and not being profitable. Without funding that which society, our leaders in DC and the Judges wearing the black robes all want cannot come into being, period!

I have long believed that the next breakthrough, paradigm shifting technology will be battery technology. Unfortunately, even given all the excellent research and development that is ongoing in the U.S., much funded by venture capitalists (over $200 million last year) and the Federal Government through research conducted at Argonne National Laboratories and other federal labs, the energy density for the lithium ion battery is still a factor of 10 away from the energy density of gasoline. Progress is being made and new lithium derivative batteries are being tested and showing some promise, although they are a long way away from the energy density of gasoline, but there is a path forward.

Once you have done as much as you possibly can on your own you might want to consider hiring an engineering firm to provide additional information and input to put your invention over the top. The thing to remember is that if the person or firm you hire provides information that relates to the conception of the invention they will be considered a co-inventor. As a co-inventor they have rights to the patent. In order to get the help you don’t want to give up rights to your invention. You will want to have an agreement in place keeping ownership of the patent rights if you seek assistance from someone else, whether they are a professional or not. You should also have a confidentiality agreement in place, unless you are speaking with an attorney, in which case a confidentiality agreement is unnecessary. We have some free sample confidentiality agreements you can use as you see fit.

The term “sloppy taps” could make a great name for a race horse, particularly one that thrives on running in the mud, or more accurately on a track where there is standing water, which is the true definition of a “sloppy track.” But what Apple refers to as a “sloppy tap” is a control finger motion used to produce a tapping motion on a touch screen that incorporates a sliding motion. How are you to tell whether a tap was intended or a slide was intended? Luckily, Apple has come up with a method of deciphering sloppy taps, and was awarded U.S. Patent No. 7,932,896 on April 26, 2011.