Demystifying Patent Applications

Introduction: The patent process may appear to be a dark hole through which time and money disappear.  I am attempting to demystify patent applications.  I write frequent posts urging that that IP be protected through the filing of provisional applications for patent.  But what is an application for patent?  What does it consist of?  I…

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Attacking a “Junk Patent”

Introduction: Sometimes the USPTO screws up and issues a patent for a product or method that has been used in the industry or is well known.  Junk patents are often used by “patent trolls” to extort money from legitimate businesses.  Congress sought to provide a remedy from junk patents being asserted against businesses.  In 2012,…

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Is It Patentable? III

Introduction: Is it patentable?  An inventor is entitled to a patent unless the invention is not patentable subject matter (Section 101), is not novel (Section 102) or is obvious (Section 103).  I have discussed what is and is not patentable subject matter.  See my posts of Patenting Computer Software and Avoiding Unpatentable Ideas.  I have…

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Stolen Invention! UPDATE

  Introduction: I very recently published a post entitled Stolen Invention!  (Click on “post” to see the linked article)  The post discusses the USPTO Derivation Proceedings.  Derivation Proceedings are the mechanism for invention ownership dispute resolution between conflicting parties are resolved.  My post urged two things: First, I recommended patience if you are unfortunate and…

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Stolen Invention!

  Introduction: Derivation Proceeding:  You conceive of a new invention.  You disclose it to a trusted party.  Perhaps the trusted party helped you on the invention.  You belatedly find out the trusted third party filed a patent application on the invention without listing you as an inventor.  A stolen invention.  What do you do?  …

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Sample Patent Flow Chart

Introduction: Attached below is a sample patent flow chart.  I start with the inventor’s conception of the idea.  Included are the steps to be taken to reach the point of possible patent filing.  (Note my sample assumes that a provisional application is filed first.  However it is possible to go directly to the Non-provisional application…

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Post Patent Grant Challenge

INTRODUCTION: After you have achieved the award of a patent, you may still be subject to challenge from competitors.  You may face a post patent grant challenge.  Part of the America Invents Act or AIA the USPTO established a procedure called a Post Grant Review.  The procedure gives third parties up to 9 months after the grant of…

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Patent Goulash For Engineers

INTRODUCTION: I wrote an article in October 2019 for mechanical engineers (and others) warning that the Section 101 morass, i.e., Patent Goulash, was not limited to computer software business methods or medical diagnostic procedures.  The long twisted arm of unpatentable “natural law” and “abstract ideas” was extending to patent applications for improved mechanical structures.  See Mechanical Engineering and…

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Design Choice and Obviousness

INTRODUCTION: Many of my recent articles have focused upon the whether an innovation is eligible for patent protection.  This has been described as a Section 101 issue.  Many innovations have been barred from patenting as being merely abstract ideas.  This is a confused area.  However, even if an innovation is deemed patentable subject matter, it still needs to be…

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“Groundbreaking” But Not Patentable?

INTRODUCTION: It is clear abstract ideas are not patentable. However the topic is much more complex. I have written a number of articles regarding the fog shrouded abyss related to patenting computer business methods and medical diagnostic procedures.  The Supreme Court and the Court of Appeals for the Federal Circuit (commonly known as the “Federal Circuit”) continue to…

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