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     

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.     

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.     

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     

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     

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     

Intellectual property and patent abstracts

The author explains how examiners at the US Patent and Trademark Office (PTO) treat applications for inventions that seem to violate accepted scientific principles. In order to be entitled to a patent, an invention must be useful, novel, and non-obvious. In order to obtain a patent, the inventor must submit a specification that describes the invention in sufficient detail such that one of ordinary skill in the art can make and use the invention (without having to engage in undue experimentation). Inventions that indeed violate the laws of physics are not patentable because: (1) they are not useful (i.e., they do not work); and (2) the inventor is unable to properly describe how to make and use a device that violates the laws of physics. However, it is not always so easy to separate those inventions that do indeed violate the laws of physics from those inventions that only appear to violate such laws. Examiners at the PTO use a document called the Manual of Patent Examining Procedure (MPEP) when examining an application for a patent. The author reproduces two of the more pertinent sections of the MPEP that relate to the issue of determining whether an invention is useful.     

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.     

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.     

立体电视传输技术的专利分析

近年来,立体电视传输技术获得了高速发展,立体电视传输技术的专利申请量也在迅速增长,各大企业和研究机构纷纷展开了对该技术的专利部署.针对立体电视传输技术的特点、专利申请情况、重要申请人的专利特点、专利发展趋势进行了详细的分析和深入的研究.通过介绍这一领域专利的现状和发展趋势,希望对业内人士有所帮助.     

场致发射显示领域专利分析

由于优异的显示特性,场致发射显示器被认为是最有发展前景的平板显示器件之一.分析场致发射显示领域的专利有助于了解该领域的技术发展动态.通过检索欧洲专利局的专利数据库,对筛选出的主要场致发射领域相关的专利进行统计分析,讨论了美国、日本、韩国、中国等的厂商在场致发射显示领域技术的发展现状和未来发展趋势,着重研究了我国场致发射显示领域专利的发展趋势和存在的问题.     

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.     

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。     

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.     

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.     

WiMAX专利在国内外的分布和重点企业的专利布局

文章分析了国内外WiMAX专利布局情况。在全球范围内,参与的企业众多,虽然避免了专利垄断,但也为WiMAX专利许可增加了复杂度。其中,以华为、三星为代表的中韩竞争尤为凸显,欧美通信企业与之相比申请量较少但专利布局更早。在WiMAX重点技术领域,企业实力也略有差异。目前,在国内申请的WiMAX专利较国外稍显滞后,虽然中国申请人主场优势明显,但韩企、美企与之存在相互制衡的可能性。     

LTE专利国际分布及分析

随着LTE的全球化发展,参与LTE技术研发和标准制定的企业空前广泛,LTE相关专利数量激增,制造商在专利权人数量和专利申请数量上都占到了绝对多数。全球呈现分散分布、相互制衡的状态。LTE时代的知识产权竞争将更为激烈和复杂。     

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     

E-commerce patents and shifting balances in patent law

The rules with respect to the patentability of software and business method inventions have loosened over the last decade to allow a broader range of patentability. Many patents issuing today are in the e-commerce area, and there is often a close relationship between what is being patented and generation of wealth. Critics of the surge of e-commerce patents argue these patents may stifle development of e-commerce. The level of concern of critics may be unwarranted since the broader range of patentability that has occurred has been balanced somewhat against a narrower scope of protection occurring during the same time period as a result of more restrictive claim interpretation during enforcement of patents. This more restrictive claim interpretation has created an onus on patent owners to effectively draft and prosecute patents to obtain protection commensurate with the scope of the inventions     

Facebook知识产权案例分析

通过介绍Facebook近年来面临的专利诉讼,分析了Facebook的专利储备特点:对专利质量评估不足,重要专利存在瑕疵;专利的基础性、核心性不足;专利技术领域分布相对集中.最后阐述了其对我国ICT企业的启示.