Posts in IPWatchdog Articles

What do you think of my jumping buddy over there? Let’s call him “George”. George is just one example of the enormous number of inventions being made to serve our newly emerging social networking economy. George was created using a patent pending process called Evolver. He’s an avatar that can be transported to any number of different full immersion virtual world networking sites. Many new companies are forming to commercialize these new social networking innovations. They are also filing patent applications. They have many challenges ahead of them to get those patents.

There are three major things that need to intersect to make a licensable product,” Lambert said. “First of all, you have the patentable side. Either it is patented or patentable, because essentially what we are licensing is intellectual property. Second, is the product marketable, meaning people want to buy it? Does it have unique features that people like, or need, or want. Lastly is it commercially feasible? That means that you can sell it, or make and sell it, for certain margins.

We shouldn’t fool ourselves and try and pretend that the lack of respect for intellectual property rights is limited to those who seek to share movies, music or make a buck selling knock-off products. Everyone who produces original content on the Internet is at risk of having that content stolen; simply cut and pasted onto some other website or blog. Even if it is not passed off as original content and you do get “credit” the copyist is using your work for their own benefit. They are stealing eyeballs, diverting traffic and likely costing you money. At the very least, they are free riding, which is a hard pill to swallow.

My brother-in-law has been a lover of all things Apple for as long as I can remember. In fact, on the first day the iPad was released, he waited in line several hours just to be one of the first people to get one. Every time I would complain about my PC and the issues I was having, he’d inevitably say, “Gotta get a MAC.” First, we got our iPhones. Next, after many hours and probably even days of lost work time, we finally broke down and bought my iMac. And most recently, I received my beloved iPad as a gift, which I quickly realized and am still learning just how essential this tool has become to my business. In fact, with all of the applications available for my iPad, it has replaced my PC laptop. I’ve written articles on Mobile Business and Mobile Social Media apps you can download to your iPhone, iPad and iPod Touch to take your business on-the-go. Following is the next installment of my business apps series that can help you take your business on the road with you, make your businesses more efficient and Make Small Businesses Look Bigger.

I am really looking forward to these PLI programs in particular. I will be signed up to attend via webcast the programs I cannot make live, and I will be in in Chicago, IL in March for the Patent Bar Review Course and in New York City for the 5th Annual Patent Law Institute from February 17-18, 2011. If your firm is a privileged member you can attend these and all other PLI programs for free, with the exception of the Patent Bar Review Course.

Typically the Patent Office allows patent owners and third parties to sort out whether a reexamination is necessary. The thought process is that there is no need to waste precious examining resources to reexamine a patent that no one cares about or is enforcing. Thus, something out of the ordinary happened here, although what exactly is impossible to tell. Perhaps the Patent Office was taking some heat on Capitol Hill for these types of patents or perhaps someone just stumbled on something that made them scratch their heads and wonder. It is all just a matter of speculation.

I bet most patent attorneys and patent agents have never thought about it, but if you look at the Power of Attorney form provided by the United States Patent and Trademark Office the attorney or agent does not need to sign. In fact, there isn’t even a place on the form for the patent attorney or patent agent to sign. I never thought about it myself, at least not until an inventor decided to submit a Power of Attorney form in two pending cases naming me as the attorney of record. The trouble is that I didn’t represent the inventor, and in fact had previously told the inventor in no uncertain terms that I would not engage the inventor as a client. So I was shanghaied, so to speak. The worst part is that despite the truth of the situation, the Office of Petitions has not yet seen fit to release me as the attorney of record in one of the two cases.

One of the most debated issues in patent and antitrust law today involves pharmaceutical patent settlements. Brand-name drug manufacturers pay generic firms to settle patent litigation and delay entering the market. How should the antitrust laws respond? The Cipro case presents an ideal vehicle for Supreme Court review. It involves a simple, undisputed payment from brand to generic to delay entering the market.

Innovation and entrepreneurship are central pillars of America’s economic strength and critical vehicles for job creation. Reporter John Schmid of the Milwaukee Journal Sentinel wrote an article that was published on Sunday, January 16, 2011, aptly depicting the problems facing would-be job creators. Schmid wrote in part of his article about a professor from the University of Wisconsin-Milwaukee who needed 11 years to obtain a patent on his revolutionary invention. How many jobs were lost as a result of unacceptably slow processing by the Patent Office?

The Apple application for “APP STORE” is currently in opposition proceedings at the Trademark Trial and Appeal Board. Here’s the skinny in 4th grade prose. Back in ’08, Apple opened up its first app store. Shortly thereafter, it filed a trademark application for “APP STORE” in the United States Patent and Trademark Office (“USPTO”). The Examiner said “No way! That mark is descriptive!” Apple said “Nu-uh!” Examiner said “Yes huh!” Apple said, “Nu-uh!!!”, and appealed. Examiner said “OK, fine” and published the application for opposition. Then Microsoft said, “No way! That mark is descriptive!”

Realistically, I understand full well that it is unlikely that Congress will bother themselves with reform efforts that are sensible, at least at the moment. It is also unlikely that innovators will be adequately represented in any reform efforts once they do arise. It seems that the power structure in Washington, D.C. believes that the term “innovator” and “big business” are synonymous, which surely they are not. It is also unlikely the Senate will move beyond the legislation Senator Leahy wants so badly but can’t seem to move. Thus, if we really want sensible reform that actually raises up the Patent Office and guarantees the value of patents for innovators we need to be ever vigilant.

If you are going to go down the path of blogging for profit or for notoriety you need to have a well developed sense of what your market is interested in when you set out to write. Copying others isn’t likely a winning strategy, but identifying what you like, what you can provide and what you want to do are all essential. Then you need to think about the reader. You know the mantra — know your audience. It is certainly helpful to write what interests you because, in my view, that which you are interested in and passionate about makes for great reading, but it is also important to give readers what they want otherwise you won’t build an audience, or you will lose the audience you do have.

Trade secrets are a very important part of any intellectual property portfolio. It is not at all an overstatement to say that virtually every business has trade secrets worth protection, regardless of whether the business is run as a sole proprietorship, a small business or Fortune 500 company. This is true because any business information that is valuable as a result of being kept secret qualifies for treatment as a trade secret. Nevertheless, it may be better to say that every business has assets that could and should be protected as trade secrets, but the truth is that many companies, even large companies, fail to do so properly.

The United States Patent and Trademark Office has recently launched an online forum titled Discuss the MPEP, which as the title suggests will allow interested individuals to discuss sections of the MPEP. The goal of this discussion forum is to provide the editors of the MPEP with information useful when considering re-writing the MPEP. The goal for versions of the MPEP to come is to create a document hat will enable both practitioners and examiners to find information quickly, get accurate and complete guidance, and ensure that all patent applications comply with the laws and regulations governing the patent system.

This announcement signals a major shift in the way would-be patent attorneys and patent agents will be tested, bringing the exam forward to test the latest developments in rules and laws. It can be reasonably anticipated that the patent bar exam will become a moving target as the Kappos Administration continues to move forward with initiative after initiative and rules package after rules package. Those preparing to take the exam need to be mindful of the need to stay current and not rely upon outdated study guides, reference materials and old questions when studying for the exam.