Posts Tagged: "patent"

When is an Invention Obvious?

That being said, the possibility that a utility patent could be obtained cannot be definitively ruled out even if an invention seems quite likely to be obvious, which is one of the biggest problems with the law of obviousness. Indeed, one of the more frustrating things about working with the Patent Office is that there is a real lack of uniformity in application of the law of obviousness. For example, on January 7, 2014, the Patent Office granted U.S. Patent No. 8,622,700, which for all intents and purposes granted rights to the inventor to a glow in the dark ceiling fan blade. If this claim to a glow-in-the-dark ceiling fan blade is ever challenged I see no way that it could survive, but the patent issued.

Part 2: A Conversation with Chisum and Mueller

MUELLER: “I think a lot is going to ride on what we see going forward from the PTAB, for example decisions in post grant review. Will those decisions be high quality and will the courts respect them? We know that the Office has hired some really good folks but they’ve also been hampered by the sequestration. I’m delighted that Michelle Lee has taken the reins. I sure hope that’s going to be permanent. I think she’ll do an outstanding job and be highly respected. But I also think a lot of attention is going to be paid to what happens as those post grant review decisions start coming out.”

A Conversation with Donald Chisum and Janice Mueller

CHISUM: “I’m very skeptical when Congress starts talking about reform. I don’t think there is enough sophistication in Congress and among committee staff members about how the patent system really operates and about the challenges the many thousands of people operating the system face. Most of the legislative efforts I’ve seen over the last 30 years to reform the patent system, in fact, reformed very little. The “reforms” have tended to respond to particular interest groups, to particular complainants. Congress has tended to respond only to a consensus that something was wrong rather than thinking outside the box as to what will really improve the efficiency and predictability of the patent system.”

Oracle Seeks to Patent Defenses Against Search Engine Tracking

This system creates data that obfuscates the search query submitted by a user so that it cannot be tracked by a third party, while still providing relevant search results. Other patent applications describing business software innovations include a method of generating consumer decision trees based on in-store transaction records, and a way to prevent others from copying the text of sensitive electronic documents. The issued patents assigned recently to Oracle highlight some interesting intellectual property holdings that further advance the corporation’s goal in providing inclusive software solutions for businesses. Business connected to a distributed pool of network resources shared with others will benefit from an electronic resource broker agent protected in one patent.

Thomas Edison and the Electric Lamp, Patented Jan. 27, 1880

On January 27, 1880, Thomas Edison received U.S. Patent No. 223,898, which was simply titled “Electric Lamp.” Perhaps Edison’s most famous inventions were the phonograph, motion pictures and the light-bulb. Truth be told, however, Edison didn’t really “invent” the lightbulb, but rather he improved upon the technology by developing a light-bulb that used a lower current electricity, a small carbonized filament, and an improved vacuum inside the globe. Edison’s invention lead to a reliable, long-lasting source of light. Prior to Edison’s invention lightbulbs lasted only a few hours and now they could last 50 to 60 days, making them practical. So it is entirely fair to say that Thomas Edison invented the first commercially useful lightbulb.

Software Patent Basics: What Level of Description is Required?

The key to any software patent application is to describe the invention with enough technical detail, system specifics and process information so that a computer programmer could take the disclosure and code the software without having to make any independent, creative decisions. Essentially, you want your patent application to be a design document. This is critical because it is the design of the software — the architecture of the system, how the algorithms are strung together, the rules, calculations and manipulations — that are patentable. Software code is not patentable. You can and should get a copyright on the software code as written, but the invention does not reside in the code. The computer programmer is merely a translator that takes your invention and writes it into code that the computer can execute.

Intel Innovation: Live Music Performance, Pool Cleaners, Adaptive Facial Recognition System, Offline Advertising

Live music performance broadcast across Internet channels is the focus of today’s featured patent application here at IPWatchdog. Intel is hoping to protect a system that builds off of previous systems of networked music performances to better incorporate audience reactions and build a more inclusive entertainment experience. We’ve also picked up on a couple of user recognition systems, one for improving gesture-based user interfaces and another that enhances facial recognition software for computer security by registering genuine human facial reactions. Today’s issued patents protect some novel innovations related to the way a computer system can interact with an individual, instead of the other way around. One patent protects a system that can provide advertising content to device users who are offline, while another protects a second facial recognition for computer security technology, this one capable of identifying unknown faces by accessing an image database. We also have some interesting Internet TV technologies that are assigned to Intel today, but may quickly be moving to Verizon.

East Texas Jury Finds Google Infringed, $125 MM at Stake

A federal jury in the Eastern District of Texas returned a verdict on Saturday, January 18, 2014, following a week-long trial presided over by the Honorable Rodney Gilstrap, that found that Google infringed SimpleAir’s U.S. Patent No. 7,035,914. The services accused of infringing the ‘914 patent were the Google Cloud Messaging (GCM) and Android Cloud to Device Messaging (C2DM) services. Those services are used by Google to process and send instant notifications for Android applications, such as Facebook, Twitter, and Gmail. The damages issue will be decided by a separate jury in a second trial limited to the issue of damages. SimpleAir has announced that they will seek damages in excess of $125 million for Google’s infringement in the damages retrial.

Protect Patent Rights, Inventors and Innovation in 2014

“The first rule of any patent legislation should be to do no harm, particularly to the inventors, start-ups and universities that create our nation’s next big fundamental technology breakthroughs that drive GDP and job growth,” said inventor Earl “Eb” Bright, COO ExploraMed and Board member USIJ. “The Senate has an opportunity to get this right and I hope they seize it – our standing as a global leader is directly dependent on the strength of our patent system and its ability to support innovative enterprises of all sizes.”

Novartis v. Lee: The Unfortunate and Unintended Impact of the PTA Statute on Continuation Practice

In Novartis, this Federal Circuit panel (opinion by Judge Taranto, joined by Judges Newman and Dyk) ruled that the second exclusion from PTA in the “B period” portion (i.e., 35 U.S.C. § 154(b)(1)(B)(ii)) excludes from PTA any time consumed by a Request for Continued Examination (RCE), even if that RCE is filed more than 3 years after the “actual filing date” of the patent application. Not only is this ruling a questionable interpretation of 35 U.S.C. § 154(b)(1)(B)(ii) for reasons I’ll discuss below, but it creates an unfortunate, and surely unintended impact on RCEs specifically, as well as continuation practice generally. And the more I dig into the PTA statute, the more problematical this ruling in Novartis becomes.

Bernard Knight Interview Finale

In part 1 of the interview we discussed why he choose McDermott, what it was like working for David Kappos and working with Federal Circuit Judge Ray Chen when he was Solicitor at the USPTO, and the appointment of Michelle Lee to be Deputy Director of the USPTO. In part 2 of the interview, which appears below, we discuss the new ethics rules adopted by the USPTO, the future of the USPTO, patent reform legislation, abusive patent litigation, and what the AIA was attempting to achieve relative to post grant patent challenges.

GE Seeks Patent on Flight Control System to More Accurately Predict Fuel Usage, Arrival Time

The featured application today discusses a novel GE system of flight management that has the potential to create great savings in costs incurred by airlines on a flight-by-flight basis. This system can respond dynamically mid-flight to changes in weather conditions and other parameters that affect fuel usage and other costs. Additional patent applications we discovered involve improvements to dosimeters and other chemical sensors as well as a newly designed dishwasher heating element that can improve user safety. General Electric has also been the happy recipient of a number of issued patents that protect a series of interesting inventions related to electronic appliances. Two of these discuss methods of using energy more cheaply by drawing it off a grid at non-peak hours, both within the appliance and through a control module that interfaces between appliances and a smart home electrical system. Finally, we focus on a couple of patents that describe improvements to diagnostic and communication systems for locomotives.

An Exclusive Interview with Bernard Knight

There was nothing off the table for discussion in this interview. We discuss how and why he choose McDermott, as well as what it was like working for David Kappos and working with Judge Ray Chen when he was Solicitor at the USPTO. We also discuss the future of the Patent Office, the appointment of Michelle Lee to be Deputy Director of the USPTO, substantively what the USPTO was trying to do with respect to post grant procedures, the new ethical rules applicable to Patent Attorneys and Agents, and a variety of other issues.

How to Find Valuable Invention Services

Several years ago I was speaking to an inventor group about carefully selecting who they work with so they work only with reputable companies. At the time one particular invention promotion company, as near as I could tell had a remarkably low success rate. This company reported their successes all-time and reported the number of clients over 5 years, making it impossible to know what the success rate actually was. At best the success rate was approximately 1 in 2,700, but likely was much worse. I asked the room full of inventors this simple question: If I told you that only 1 in 2,700 inventors would ever succeed how many of you would be convinced that you would be the 1 and not the other 2,699? Virtually everyone raised their hand. That eternal optimism is wonderful, but it also contributes to getting taken advantage of by those who make money by telling you your invention is wonderful when that really isn’t the case.

HP Seeks Patent on Lip Reading Speech Recognition

Our feature patent application today almost sounds impossible, or at least exceptionally futuristic. The application discloses a novel way of using image processing to aid in speech recognition services. The system described in this application could use a camera to analyze a user’s lip activity so that sounds picked up by a microphone can be differentiated as ambient background noise or genuine speech. We also discuss a few other patent applications, including one describing more efficient blade computer system architectures and another that discusses automated methods of delegating resources to individuals using an organization’s computer network. Patent holdings are of great interest to us in this series, as is HP’s clear focus on printing technologies in their recently issued patents. A couple of issued patents that we explore today discuss improved methods of inkjet printing for pigment opacity or reducing abnormalities in print media. We also were intrigued by a novel system devised to ensure that networked printers handle print jobs with better respect to user printing preferences.