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     

A do-it-yourself approach to securing patent protection, part 1 in a series on protecting your inventions with limited resources

This series will present some procedural guidance for inventors and entrepreneurs who would otherwise either not pursue protection for their inventions, or would file a patent application pro se without the input of a qualified patent practitioner. Having a professional patent practitioner draft and file a patent application can be beyond the budget of many inventors. The topics discussed in the series will focus exclusively on patents and will not cover other forms of intellectual property (IP) such as trademarks and copyrights. The series will provide tips for such inventors in order to minimize the risk of: devaluing an invention, jeopardizing chances of allowance of a patent during prosecution, having a patent application being deemed unpatentable or lacking enablement, or having a patent being deemed unenforceable against infringement. The material presented here is meant to be informational and in no way serves as legal advice. Individuals who are interested in discussing their innovations in detail should consult a qualified patent practitioner. Part 1 of the series explores the issues involved in securing provisional patent protection at the nascent stage of invention. This is a way to defer costs for inventors and entrepreneurs. I explain the Provisional Patent Application (PPA), patentability requirements including what defines a patentable invention, how to search for patentability, and a suitable PPA disclosure.     

Inventors are not alike: the distribution of patenting output amongindustrial R&D personnel

From theoretical work, as well as from empirical findings on the distribution of scientific performance, we can deduce that there are also great variations in the output of industrial research and development personnel. By analyzing the patenting output from research and development personnel, we are able to measure their technological performance. The inventor portfolio provides a method to measure and identify key inventors. Key inventors are characterized by a large number of patent applications which are of high quality. This paper presents the results from an empirical study that analyzes the distribution of the patenting output of inventors working in the chemical, electrical, and mechanical engineering industry in 43 German companies. The findings of this study suggest that the technological performance of inventors defined by the number and quality of filed patents is highly concentrated. In particular, a very small group of key inventors is responsible for the major part of the company's technological performance, and thus for the company's competitiveness. These findings, in turn, have major practical implications for human resource management in industrial R&D departments     

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。     

Patent prescription: a radical cure for the ailing [US patent policy]

This work discusses the problems with the current patent system in the US. While the US patent policy makes it easier to obtain patents, to enforce patents against others, and to extract large financial awards from such enforcement, it has become harder for those accused of infringing patents to challenge the patents' validity. To address the problem, a patent policy reform program was initiated based on three proposals: first, create incentives and opportunities for parties to challenge the novelty and nonobviousness of an invention before a patent is granted, second, provide multiple levels of application review, with examiners devoting successively more time and effort as an application proceeds to higher levels, and third, in cases involving claims of patent invalidity based on the existence of prior act, replace juries with judges who could call on experts for guidance. The first two proposals aim to make the PTO more effective at a reasonable cost. The third addresses the reality that since even the best of all possible PTOs will make mistakes, a court system capable of correcting them is necessary.     

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.     

Profiting from ideas

Britain has always produced its fair share of inventors, and there is still no shortage of ideas. In 1930, according to the UK Patent Office, there were 28238 UK patent applications (although these did not all originate from the UK) and 9396 UK patents were granted, as well as those European patents covering (`designating') the UK. So how does one get into this process? What does one do if one thinks of a new idea? Perhaps more importantly, can one make money out of it? The journey from the initial idea to a viable (let alone successful) product is long and fraught with difficulties. Many excellent ideas fall by the wayside for all sorts of reasons. To stand any chance of reaping the rewards requires a realistic approach, sound advice and perseverance. The author offers advice on how to exploit an invention     

From squirts to hertz [Lonnie Johnson, inventor]

With more than 100 awarded and pending patents-for everything from hair-drying rollers to soil moisture meters-Lonnie Johnson is among a small group of African-American inventors whose work accounts for 6 percent of all US patent applications. the young Johnson was known around his neighborhood as "the professor," a child prodigy who won a statewide high school science competition for turning junkyard scraps into a remote-controlled robot nearly a meter tall that ran on compressed air. His tinkering plus whopping SAT scores won him a math scholarship to Tuskegee Institute, where he earned a bachelor's degree in mechanical engineering and a master's in nuclear engineering. During his time as a NASA engineer he invented the SuperSoaker water gun. The success of the SuperSoaker gave Johnson both the financial means and the professional clout to quit his day job and invent full-time. He set up two companies, Johnson Research and Development and Excellatron, both based in Atlanta, Ga., whose combined staffs of 30 now develop new consumer products, toys, and environmentally friendly alternative methods of power. They also invest in technology startups and do community outreach, including setting up an inner-city manufacturing plant and visiting local schools to introduce youngsters to the world of inventing     

智能电视语音识别技术专利分析

语音交互是智能电视人机交互的重要发展方向,已成为国内外智能电视相关企业、机构创新竞争的重点.重点研究语音识别交互技术的国内外专利情况,对技术总体发展趋势、国家分布、专利权人、重点发明人等进行分析,以期对国内企业知识产权决策提供支撑.     

A million dollar idea-and your next job [intellectual propertyengineers]

The legal world has many opportunities for engineers and other technically trained people. With the burgeoning of patent applications and patent-related disputes, and the greater complexity of inventions, the demand for intellectual property (IP) engineers will only increase. Some work as patent agents, which means they file patent applications on behalf of inventors and practice before the US Patent and Trademark Office (PTO); others go to law school and become patent attorneys; and still others work as examiners for the PTO, or some other country's patent office, where they analyze, research, and ultimately decide on the patentability of patent claims     

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.     

声品质评价的生产应用及专利状况

声品质评价的研究是近年来心理声学的新兴研究方向,并已成为国内外的研究热点,相关的专利申请也逐渐增长。介绍了这一领域的研究现状以及专利申请情况、重要申请人的专利特点、专利发展趋势等。通过专利分析,希望对业内人士有所帮助。     

Bell and gray: Contrasts in style, politics, and etiquette

In the late 1870's both Alexander Graham Bell and Elisha Gray claimed to be "the inventor" of the telephone. Both held substantial claims to this title. Yet, conventional folk wisdom tells us that Bell invented the telephone. This paper explores one reason for this outcome: the difference in the style of invention between Bell, a professional speech teacher, and Gray, a professional inventor. Just as style is crucial in the success of an author or an artist, style is also critical in an inventor's success. Central to this study of the differences in Bell's and Gray's style is the element of science. The two inventors saw science in very different ways. Thinking that the electrical transmimion of speech was more a matter of interest to the scientific community than the technical community, Gray chose not to develop his mature ideas on how this could be accomplished. Bell, on the other hand, saw great commercial possibilities in the telephone. In developing the device, Bell not only applied what science he knew, he also used the scientific community to establish priority for his invention and to provide expert witnesses for his ideas. He achieved success in this regard because he understood the norms of science in America and followed them with perfect etiquette.     

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     

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。     

Electrical Engineering Hall of Fame: George W. Pierce

In 1929, the Institute of Radio Engineers (IRE) selected George W. Pierce as the recipient of its Medal of Honor. He was honored for his research on crystal detectors and applications of piezoelectricity and magnetostriction. The award citation also mentioned "his instructional leadership as a teacher and as a writer of important texts." He earlier had served as president of the IRE in 1918 and 1919, becoming the only person to serve a two-year term in its 50-year existence. He was known as a meticulous experimenter who designed his instruments for maximum precision. During his career, he received 53 patents and authored three books and about 30 scientific papers.     

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 electric motor, the telegraph, and Joseph Henry's theory of technological progress

Joseph Henry (1797-1878), America's foremost electrical physicist of the early nineteenth century, stood at the center of the developing science and technology of the newly discovered electric current. The electromagnetic telegraph and the battery-powered motor were two leading technological efforts of the period. Although Henry chose not to engage in the actual inventive process, he closely followed the development of both devices. While he fully supported the work on the telegraph, especially S.F.B. Morse's experiments, he stood opposed to the battery-powered motor on the grounds of impracticality. He stated these views forcefully to the numorous inventors who sought his expert advice on electricity. This paper explores the reasons for Henry's contrasting opinions of the telegraph and the motor. Underlying these opinions was a set of assumptions about the progress of technology and its proper relations to scientific knowledge and the current needs of society.     

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.     

Human recognition using biometrics: an overview

Establishing identity is becoming critical in our vastly interconnected society. Questions such as “Is she really who she claims to be?”, “Is this person authorized to use this facility?”, or “Is he in the watchlist posted by the government?” are routinely being posed in a variety of scenarios ranging from issuing a drivers license to gaining entry into a country. The need for reliable user authentication techniques has increased in the wake of heightened concerns about security and rapid advancements in networking, communication, and mobility. Biometrics, described as the science of recognizing an individual based on his or her physical or behavioral traits, is beginning to gain acceptance as a legitimate method for determining an individuals identity. Biometric systems have now been deployed in various commercial, civilian, and forensic applications as a means of establishing identity. This paper presents an overview of biometrics and discusses some of the pertinent terminology necessary to understand this technology. The importance of information fusion in the context of biometrics is also highlighted. It is becoming increasingly apparent that multibiometric systems will play a significant role in dispensing the role of identity management in the 21^st century.