Dead patents walking

With 562 US patents to his credit, Jerome Lemelson was the most prolific inventor since Thomas Edison (1093 patents). His inventions pop up in camcorders, VCRs, bar code readers, automated teller machines, machine vision systems, and more. But Lemelson, who died in 1997 at age 74, may have accomplished less than meets the eye. His detractors attribute much of his success to the use of Byzantine tactics for exploiting loopholes in the patent system. Even Arthur Lieberman, his former attorney, believes he simply had a knack for figuring out where an industry was headed, and then claiming that he had already been there. 'In many cases, Lemelson didn't patent inventions', Lieberman told Fortune magazine, 'he invented patents' . However, the loopholes in the patent process exploited by Lemelson, may be finally closing in on him. This paper briefly describes how Lemelson exploited the patent system and discusses a case in progress against the Lemelson Partnership regrading bar code patents     

光刻机照明系统专利分析

为了解光刻机照明系统的技术发展方向和技术研究热点及技术成熟度,并为科研人员提供技术参考,对光刻机照明系统技术专利文献进行了检索,并对专利文献数据进行了统计分析,分别从专利权人分布、国际专利分类号分布、专利申请国分布和年度发展趋势及技术生命周期等几个方面进行统计分析,揭示了国内外光刻机照明系统专利申请的主要专利权人依次为阿斯麦、尼康、佳能和蔡司,专利文件分布的主要技术领域为半导体器件和其部件的制造处理等方面,专利文件的年度申请在2004年出现最高峰,之后开始下降,并结合技术生命周期曲线图,指出光刻机照明系统技术已经历了从萌芽、发展、成熟阶段。同时进行了重要专利文件的挖掘,分析了技术研究热点,追踪核心专利文件的技术发展脉络;并对偏振照明技术作出技术-功效矩阵分析图,分析出技术研究热点,并提出我国科研人员应利用未在我国进行保护的重要专利技术,为我国企业提出了专利申请的相关建议,节省研发时间。     

Search methods used with transistor patent applications

As the world has become more technically oriented, the number of patent applications has been increasing also?too rapidly for the Patent Office to assimilate them comfortably with current techniques. When an application for a patent is received, it must be evaluated as to novelty by a specialist who searches the prior art for similar patents. Previously, all such searches were done manually, which meant that the examiner had to rely entirely on his knowledge and experience. In an effort to remedy the situation the Office has instituted mechanized search methods. In order to ascertain the differences in patterns of thinking associated with manual and mechanized searches, a study was carried out in which a patent application in the transistor art was searched both manually and by a mechanized method. The mechanized search in this case permitted more patents to be analyzed more quickly but, being completely literal, it does not allow for hunches or browsing.     

The telecommunication and information industries: US patent policy and the criterion of non-obviousness

In this topic discussion paper, the legal and public policy issues surrounding the “novel” and “non-obvious” criterion that the US Patent and Trademark Office uses in awarding a patent are explored. The application of the latter criteria for granting a patent – that the invention be “non-obvious” – has been a significant concern for many firms in the telecommunications and information industries. Following an introduction discussing the Constitutional basis of intellectual property rights and the criteria employed by the US Patent and Trademark Office in awarding patent rights, this paper will explain the modern evolution of the legal expression “non-obviousness”, up to, and including, the most recent patent appeals case (and potentially the one having the most far-reaching impact on patent granting) heard by the US Supreme Court, KSR International Co. v. Teleflex. Inc. et al. In the next section, a review of three major national policy reports on reforming the US patent system (two national reports and one by an academic economist) – focusing on the expert recommendations pertaining to the implementation of the legal expression of “non-obviousness” – is undertaken. Lastly, the final section of the paper offers a patent policy discussion associated with the latest interpretation of the “non-obviousness” criterion, and explains possible policy effects on the competitive environment of the telecommunications and information industries.     

Patenting propagated data signals: what hath God wrought?

The US Patent Office is now issuing patents on propagated data signals that embody computer programs. Result: patent infringement can now occur in a mouse click. While patents have always been available for new and useful processes, machines, manufactures, and compositions of matter, the extension of patent law to computer data signals is new. After losing a series of battles in the courts, the Patent Office now considers a computer program embodied in a carrier wave to be a manufacture, and hence patentable subject matter. This rather surprising development provides a powerful weapon against software patent infringement over the Internet; and it represents a dangerous snare for the telecommunications industry. Is there anything beyond the reach of patent law? The Supreme Court remains steadfast in this: patents cannot be obtained for abstract ideas, laws of nature, and natural phenomena     

Down and out in Ham lake

This paper presents a cautionary tale to all inventors who surrender their patents in return for funding. The paper relates the experience of Corliss Orville Burandt, who claims to have invented a method called variable valve timing. Burandt discovered that Honda's intelligent VTEC engine used a technique that he believes is identical to his patent. He also claims that four other major auto companies have recently filed for patents on concepts that would infringe his patents. Unfortunately, Burandt found out that he didn't own the patents and that Investment Rarities Inc., which had initially provided funds to develop his inventions, had failed to pay the US Patent and Trademark Office in maintenance fees that were due on the 12 patents Burandt had assigned to the company in exchange for funding. This case should serve as a lesson to all inventors not to assign the patent to their development partners, but instead to give them an exclusive license. That way, the inventor maintains control over the invention, can monitor and ensure payment of maintenance fees, and can work language into the contract that stipulates that the exclusive license can be terminated if the licensee does not make a reasonable effort to commercialize the technology.     

无铅焊料的知识产权状况分析

简要介绍了世界电子产品无铅化趋势及其相关立法,比较了世界各国及地区的无铅专利发展情况。对比了各国公司或个人在我国申请注册的无铅焊料相关专利,对国内无铅焊料专利权利要求书的完善提出了一些建议。最后指出了我国企业在无铅焊料专利申请上的滞后并提出相关对策。     

自动立体显示技术的专利状况分析

自动立体显示技术使用户可以在显示屏幕前的不同位置通过裸眼观看到清晰的立体图像.基于自动立体显示技术领域的专利文献,给出了对该领域专利总体变化情况的统计分析结果,通过一些典型的专利文献介绍了专利中的技术发展情况,并分析了主要专利申请人所申请专利的技术特点,由此对今后的专利发展趋势进行预测.通过专利分析,希望对业内人士有所帮助.     

智能电视操作系统全球专利分析

通过对智能电视操作系统相关专利进行检索,研究分析了智能电视操作系统总体技术发展趋势、专利布局、专利技术国家分布,重点对全球主要创新机构及创新人才进行介绍,特别是主要专利权人三星、LG的专利情况,进而得到全球主要智能电视操作系统应用情况及发展趋势的结论,以期对我国相关企业了解主要竞争对手专利情况、明确研发方向提供依据和参考.     

The Death of Business-Method Patents

Discusses the new trend of the US patent and trademark office to no longer issue business method patents.     

Exploring Promising Technology in ICT Sector Using Patent Network and Promising Index Based on Patent Information

This research proposes the use of a patent analysis methodology that can suggest promising technology in the ICT sector at the micro‐level. This approach identifies core patents from the technology field, groups them as research frontiers (RFs), and develops a visualized network based on the citing relationships to monitor the relationship among RFs. In addition, it calculates a “promising index” based on the growth potential, impact, and marketability of patents to ultimately derive promising RFs. To illustrate the proposed approach, this research presents analysis results for a chosen area, which is the user interface and user experience (UI/UX) technology field. By proposing promising technological fields at the micro‐level, the proposed methodology will serve as a useful decision‐making support tool in selecting R&D projects, technology planning, and determining technology policy direction.     

办公软件文档格式专利分析

为确定"标文通"修订工作在专利方面的工作策略,需检索办公软件文档格式相关的专利,并分析其对"标文通"修订工作的影响,阐述了办公软件专利分析的四阶段技术路线,并重点分析了专利检索和专利分析的技术方案和实施方法。     

数据挖掘专利综述

尽管科学研究专利是反映科学研究成果的一个重要方面,专利申请本身是一项重要的科学研究工作,但是长期以来,专利所包含的科学研究成果在文献中却没有得到充分的反映.由此,对著名的美国专利和商标委员会数据库(USPATENT & TRADEMARK OFFICE DATABASE)中数据挖掘专利的授权情况进行了分析.对于专利授权比较集中的领域-关联规则、互联网挖掘、聚类算法和并行数据挖掘等方面中的代表性专利进行了总结和分析.最后,指出了当前数据挖掘专利的一些空白领域     

Why are so many patents pending?

This article describes the work of the US Patent and Trademark Office (PTO) and how a patent aplication is dealt with. Currently, it takes approximately 35 days for a patent application to get out of what's known as the pre-examination process and into the dreaded backlog, now up to more than 400000 applications and counting. The big question facing the PTO today is how, given the system in place, the staff can shorten the 24 months that it takes most applications to go from the mailroom to certification. PTO director James E. Rogan has made controversial suggestions. He wants, for example, to in effect add more examiners by outsourcing part of the examination's search process to outside contractors, and to increase application fees by more than 50 percent. Earlier reform attempts have had false starts, most notably the electronic filing system that was discarded in favor of one used by the European Patent Office. Even when, as the PTO plans, all patent applications are electronic, they will still have to be processed through the eyes and brains of the patent examiners.     

The DoD: stewards of a global information resource, the Navstarglobal positioning system

In 1973, the US Department of Defense (DoD) began development of the Navstar global positioning system (GPS) and embarked on a journey that would take radio navigation and positioning to what were then unimagined levels of performance. From its inception, GPS was viewed as a revolutionary technology that would enhance the positioning capability of US and allied military forces throughout the world. The DoD has continued to upgrade and improve all of the components of the system to keep pace with technology advances and the requirements of an ever-expanding user community. The GPS user community includes an increasing number of civil, scientific, and commercial applications, ranging from precision scanning to pinpointing disruptions in electric power distribution networks. However, this dual military and civil aspect of GPS has posed significant challenges for the US government and DoD policy makers. Since the inception of GPS, the DoD has been confronted with the need to balance a wide range of different and sometimes competing national security, civil, foreign policy, commercial and scientific interests. The challenge has been to exploit the full civil utility of the system without jeopoardizing national security interests in the process. This challenge will become even more formidable for military leaders as US and allied forces become increasingly reliant on GPS for all types of military operations, and as the applications of the worldwide civil user community continue to expand     

基于专利地图的智能电视遥控技术竞争态势研究

利用Thomson Innovation专利数据库,对触摸板、惯性传感、超声定位和基于便携终端的遥控等四类智能电视遥控技术的全球专利进行检索,并借助TDA和Innography专利工具,分析智能遥控技术的总体发展趋势、技术分支发展态势、全球区域布局、主要创新机构以及综合竞争力,绘制专利地图。结果显示智能电视遥控技术已进入技术成熟期,并形成了两大主流技术方向;日本、美国、中国、韩国是主要专利来源国;日本企业占据全球智能遥控主要创新机构的半壁江山;三星电子综合竞争力最强,松下、索尼、夏普、UEI等公司也具有较强竞争优势。     

Common sense in patent law

This article discusses common sense for obtaining patents in litigation. Since the teaching, suggestion, or motivation (TSM) would allow one to argue that a combination was improper. A strict reading of the TSM test could make allowable a claim that would rely on elements which in the course of business would have been combined by a person in the field. The test was used by patent attorneys in obtaining patents over rejections. A defendant might raise the argument that a patent is invalid because the patent should never have been issued, since the claims are obvious to a person of ordinary skill in the art. The patent holder could rely on TSM to prevail against a defendant.     

全球LED产业技术专利检索分析

选择"七国两组织"专利数据库,采集1985年1月1日至2008年12月31日期间的全球LED技术专利文献,建立专利数据库.再选择广东专利信息服务平台分析系统分别从专利申请总量、重点专利技术和重点专利持有人等方面,对LED产业技术专利进行了深入分析,并分析了国际LED产业技术专利现状,提出了发展我国LED专利的策略.     

基于主题模型和文本相似度计算的专利推荐研究

如何利用数量庞大的专利并从中找到用户感兴趣的专利进行推荐是很多专利数据库迫切需要解决的问题。文中从专利文本的标题和摘要入手,提出一种基于文本挖掘的专利推荐方法。首先,利用词袋模型将专利文本转化成计算机能够识别的数据;其次,利用文本聚类算法完成专利数据集进行领域划分;再次,结合词频-逆文档频率特征权重计算和余弦相似度来选择合适的发明人进行专利的推荐;最后,以我国物流产业下的专利数据作为数据集完成文中所提方法的验证与分析。实验结果表明,基于文本挖掘的专利推荐研究能够实现对发明人的个性化推荐。     

Festo, schmesto! [patent law and the doctrine of equivalents]

Does a recent US Supreme Court decision in the case of Festo Corp. versus Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd., expand or limit the rights of patent holders to sue copycats? This article discusses the "doctrine of equivalents," which allows the patent holder to expand a patent beyond its literal terms to cover subject matter it doesn't expressly mention. At its heart are two premises: first, it is difficult to capture the full scope of technical innovation in words; and second, some people are wiseguys. No matter how carefully a patent claim is worded, no matter how well it appears to cover an invention, there will always be those who will search eagerly for the loophole, a way to circumvent language and avoid infringement. Patent law rewards innovation with exclusivity for a limited time period. But the reason patents are printed and published is to encourage still further innovation. The problem arises when someone slyly avoids a patent's language without contributing anything new-in effect, appropriating the benefits of an invention without enriching the art. Ultimately, the doctrine of equivalents plays a marginal role in patent law. That's because reasonably well-written patent claims are not, in the main, easy to avoid if the benefits of the invention are to be retained. Courts apply the doctrine to catch the occasional wiseguy while defending the certainty patent claims are supposed to provide. The Supreme Courts latest adjustment notwithstanding, that role is likely to continue