Posts in IP News

If you are a user of Twitter you have probably seen more than a few tweets using “#FF” followed by a number of names. #FF stands for “Follow Friday.” On Fridays many Twitter users will suggest who others should follow by tweeting with the hashtag #FF. If this is gobbledygook to you where have you been? Twitter is a great way to stay up to day with news and information from the sources that you like the most. You need to get on the Twitter bandwagon and give it a try!

A PCT application doesn’t automatically lead to global patent protection. Instead, you eventually need to apply for patents in each of the countries and regions where you wish to pursue patent protection. This involves filing separate applications at the “national stage”, which occurs 30 months (31 months in some countries) after the priority application’s filing date.

Earlier today the Department of Commerce’s United States Patent and Trademark Office (USPTO) today issued U.S. Patent No. 8,000,000. The 8 million patent was issued to Second Sight Medical Products, Inc., for a visual prosthesis apparatus that enhances visual perception for people who have gone blind due to outer retinal degeneration. The invention uses electrical stimulation of the retina to produce the visual perception of patterns of light. The product – the Argus® II – is currently in U.S. clinical trials and has received marketing approval in Europe.

The Patent Bar Examination is a daunting exam, and one that has gotten a bit more difficult recently as a result of newly testable material coming online. The exam has never been easy, and likely never will be easy, but promises to get even harder in the likely event that patent reform (i.e., the America Invents Act) passes. The America Invents Act will dramatically change the fundamental underpinnings of patentability, as well as add a variety of new processes and procedures. The amount you will need to know once the America Invents Act gets tested will go up dramatically, so if you have been thinking about taking the exam it is probably a good idea to take it sooner rather than later.

A developer of mobile applications, including children’s games for the iPhone and iPod touch, will pay $50,000 to settle Federal Trade Commission charges that it violated the Children’s Online Privacy Protection Act (COPPA) and the FTC’s COPPA Rule by illegally collecting and disclosing personal information from tens of thousands of children under age 13 without their parents’ prior consent. This is the Commission’s first case involving mobile applications, known as apps.

Counterfeiting is a far bigger story than loses to big companies and the associated loss of downstream economic activity. Those that support counterfeiters by buying knock-off goods are also increasingly supporting organized crime, including drug cartels, who are increasingly looking to the generous profits that can be earned and exceptionally low jail terms even if they do get caught. In fact, the largest Italian organized crime group is estimated to receive 10% of its annual $25 billion from counterfeited and pirated goods.

In business and the corporate world, it’s all about who know. When bringing an invention idea to fruition, it’s all about whom you partner with. There are tangible, financial benefits to finding partners who offer services vital to your new company’s survival. These services may come from a designer, prototyper, patent lawyer or manufacturer. In other words, they bring to the table more than the deep pockets of a venture capitalist or angel investor.

You might want to consider some type of up front guaranteed payment to ensure that you get at least something. This may seem overly pessimistic, but it is the job of any attorney negotiating or drafting a license to assume that things will go wrong. The agreement can never contemplate everything, but with respect to payment you need protection. What if the licensee is paying you a defined percentage of sales but then decides to offer your product for free, or as an add-on to a sale, as is common in direct TV marketing? If your product is used as a “come on” and given away for free even 100% of $0 is still $0. That is why some type of minimum payment can be quite beneficial.

We conclude that the FTC has not identified sufficient evidence to raise serious doubt about the current efficiencies of the IP marketplace. Indeed, the available empirical evidence suggests that these existing rules and practices work well. The interests of consumers are well represented by standard setting organizations and competition among technology implementers who at the end of the day must make goods and services that people wish to purchase.

The United States Patent and Trademark Office is poised to issue U.S. Patent No. 8,000,000, which will likely happen on Tuesday, August 16, 2011. This got me to thinking — when exactly can we expect U.S. Patent 9,000,000 to issue? Then my mind wandered to Office pools and I heard the immortal words of Fred Flintstone: “Bet, bet, bet, bet, bet….” So I thought it might be a little fun to engage in some speculation. I pick Tuesday, May 24, 2016.

Yesterday the United States Patent and Trademark Office profiled U.S. Patent No. 1,000,000, which was issued on August 8, 1911. Under the current numbering system for patents, U.S. Patent No. 1 was issued on July 13, 1836 to John Ruggles of Thomaston, Maine for his invention related to the locomotive steam engine. Therefore, it took just over 75 years to issue 1,000,000 United States patents. Today the U.S. Patent and Trademark Office is poised to soon issue patent number 8,000,000, perhaps as soon as next week. Just over 5 years since U.S. Patent No. 7,000,000 issued.

Patent Calls, Inc., a provider of technology-based patent analysis services and solutions, last week announced the appointment of patent attorney Patrick Anderson as President. Those who are familiar with the patent blogosphere might recognized Anderson’s name from his popular Gametime IP blog and his active Twitter account. Anderson is also contributing editor of the Patent Calls’ blog, Patent Connections.

There are many ways to enhance your small business, making it look bigger, at relatively inexpensive costs. Everyone has to start somewhere, but think about things from the customer’s perspective. Think about a time when you were searching for businesses that you wanted to work with for personal use. Did you choose the smallest entity you could find, one that did not have a website or even have a business card to give you? Probably not! Chances are you decided to look a little further to find someone you felt was more “experienced” in their field. If that’s something you’ve done, then chances are your small business may loose customers for the same reason. Starting a new business can be a very expensive venture. Following are some fairly inexpensive suggestions that you can execute in order to make your small business look more like an established corporate entity.

If you are a serious inventor you need to go to this Conference. Last year there were inventors who came to the USPTO campus for the two-day event from all over the East Coast, and those that I talked to thought it was well worth their time and money. Where else are you going to be able to meet Senior USPTO officials and talk to them one-on-one? There will be patent examiners and trademark examining attorneys present to answer your questions. Local intellectual property attorneys will give their time to participate in teaching sessions, as well as giving free consultations to attendees to answer questions. Even if you have to travel to California and stay in a hotel for a couple nights you will get far more out of the Conference than you will spend. I understand money is tight, but serious inventors, whether they are newbies or old pros, will gain a tremendous amount of valuable information and personal connections by attending the Conference.