A Board Certified Patent Attorney
Archive for the ‘Patents’ Category
UVSolutions’ Catheter Site Disinfection System Obtains Medical Equipment Patent
UVSolutions‘ catheter site disinfection system acquired a medical equipment patent recently. This system gives safe and effective protection keep patients free from infection, as reported in an article in www.send2press.com. The product developed by UVSolutions is a novel system that significantly reduces colonization of microorganisms around the catheter site and comes as a relief to catheter site infections that are the most commonly acquired infections. Infections of this type are known to affect one out of twenty patients and are responsible for more deaths than the combination of accidents and homicides. The disinfection system consists of a battery operated, palm-sized, germicidal ultraviolet device, which is placed over the catheter site and expels a single flash of UVC light thr
Medical Equipment Patenting By LCD In Hospital Patient Rooms
Medical equipment patenting by LCD technology is moving into hospital patient rooms. According to an article in www.send2press.com, Paradigm Multimedia is now providing various screen size options to beat out competitive models that have inherent limitations. Before the offering of the new product from Paradigm, which is a patented tuner interface box (HT22E), the hospitals were mainly limited to a 20-inch LCD TV. With the invention of the new product, hospitals are now able to select an LCD monitor of any size for controlling the television functions, making use of a standard hospital pillow speaker. With the HT22E, Paradigm is now offering a low price and superior quality consumer LCD that provides entertainment satisfaction and also meets the health care LCD TV standards. The technology works by a signal from a satelli
PATENT “TROLLING” CONCERNS
According to an article by Kris Graft for Next-Gen.Biz, “patent trolling,” where companies come up with vague ideas and patent them, just so they can litigate against anyone else that actually puts these ideas into motion, is becoming a significant source of income for these businesses. A good example of patent trolling is the American Video Graphics case, which involved a 3D spherical panning method patent. In this case, the owner of the patent is not practicing the patent. It is an old patent that is intrinsic to what occurs in a videogame. As such, it is impossible for anyone else to develop a game and avoid this patent. When they try, they are then sued by the patent holder. Since most of these cases are settled, the patents are never brought under judicial scrutiny, and thus remain intact, perpetuating the cycle. This s
WORKING MODELS, PROTOTYPES, AND ILLUSTRATIONS FOR PATENTS
A working model or prototype is not necessary before the filing of a patent application with the United States Patent & Trademark Office. Often, however, those seeking to apply for a patent wil produce hand-drawn sketches or drawings of the invetion, in order to help the drafter of the application write a more detailed, descriptive, and accurate rendition of the characteristics of the invention. Where the invention is a process or method, a flow chart showing the steps can be prepared. Such materials are very helpful in understanding the uique features of the invention and provide a starting point from which professional patent illustrations can be prepared. It is advisable for those seeking patent protection with the United States Patent & Trademark Office to consult with a patent attorney who is more
DISTINGUISHING A PROPOSED PATENT FROM EXISTING TECHNOLOGY
In order to persuasively distinguish an invention from the prior art to the United States Patent & Trademark Office, it is helpful to address the following: A) State the problems, limitaztions, and disadvantages associated with existing technology but overcome by the invention. B) What new elements (e.g. components, process steps, circuitry) or combinations of known elements or software algorithm produced the improvements over known technology? C) What is the closest known technology? D) What are the potential known applications for use of the invention? E) Describe possible alternate embodiments of the invention (e.g. alternate structural designs, components, materials, process steps, etc.) I would strongly advise that you consult with a patent attorney during the drafting of a patent application, in order to be
PROVIDING A DETAILED DESCRIPTION OF AN INVENTION PRIOR TO THE FILING OF A PATENT APPLICATION
Before a patent application is filed with the United States Patent & Trademark Office, it is important to produce a very detailed disclosure of the invention which will aid in the drafting of a patent application that will withstand scrutiny from a patent examiner. The detailed description should include: FOR A NEW OR IMPROVED PRODUCT A) Describe the structural elements/components B) Describe step-by-step how the invention is contructed/assembled C) Describe any interaction/cooperation of components, e.g. during use D) Describe the environment in which the invention is intended for use E) Describe the purpose/function of the invention. FOR A NEW OR IMPROVED METHOD OF PROCESS A) Describe the minimum number of steps required to carry out the method of the invention B) Descr
THE PATENT APPLICATION: REQUIREMENTS
Before a patent is issued by the United States Patent & Trademark Office, a detailed application must be prepared and filed with the USPTO clearly specifying what the invention is and how it can be made and used. A patent application includes an abstract, claims, a declaration, a governmental filing fee, and typically several sheets of drawing figures. The most important part of a patent application are the claims. The claims define the metes and bounds of the invention and are the foundation upon which your intellectual property rights are based. An experienced patent attorney is able to carefully draft claims to ensure that potential infringers are prevented from making, using, or selling an invention despite insignificant modifications or improvements to the patented product. The claims of a patent are analogous to the property lin
WHAT IS PATENTABLE WITH THE UNITED STATES PATENT & TRADEMARK OFFICE?
The United States Patent & Trademark Office has guidelines for what it considers to be patentable inventions. A utility patent may be granted for a new product or process as well as functional improvements to existing products or processes. Where an idea relates to the improved decorative appearance of an item, it may be protected with a design patent. The vast majority of granted patents cover products or processes that are improvements on sonething that is already known. The subject matter sought to be patented, however, must not be seen as being obvious in light of what is already used or described. Common and well known substitutions of one material for another, for example, or insignificant changes in the co,lor or size of a product are normally not patentable. If you are interested in
U.S. FEDERAL COURT UPHOLDS PATENT INFRINGEMENT FINDING
In a press release from PRNewswire, a Federal Appeals Court affirmed LAMPS PLUS’ jury verdict, finding that Patrick S. Dolan of Portland Oregon, and Craftmade International, Inc. of Dallas, Texas, and their joint venture Design Trends LLC had infringed on LAMPS PLUS’ patents. In the original trial, a Dallas jury unanimously found Dolan and Craftmade liable for willful patent infringment in November of 2003, in connection with their sale of “tree torchiere” products. LAMPS PLUS’ patents protect products with “three-in-one torchieres” of “tree torchieres.” The current Federal Appeals Court ruling also reaffirms the validity of two of LAMPS PLUS’patents covering tree torchieres, and represents the secnt time that LAMPS PLUS has successfully prevailed in willf
FLORIDA COMPANY AWARDED FIRST PATENT
According to a press release from PRNewswire, Intelligenxia, a Jacksonville based company that specializes in advanced analytics solutions for unstructured data, was granted its first patent on January 25, 2006 by the United States patent & Trademark Office. The patent involves groundbreaking technological advances in extraction of crucial information from unstructured sources. The concept of idea extraction provides a new and creative way for business analysts to work with large volumes of unstructured information in order to gain a better understanding of the business itself. Using this technology, analysts can now eefine and navigate documents based on relevant ideas that are of greater significance to them, leading to increased productivity, more efficient data evaluation, and heightened levels of accuracy. If you a
EXPERIENCED INVENTOR AND PATENT HOLDER SHARES KNOWLEDGE
Paula and Howard Silken are a couple of seniors residing in Delray Beach, Florida, who have been quite active in the field of intellectual property, having a dozen patents to their credit, according to an article in the Palm Beach Post. Since 1964, Mr. Silken has been involved in research and development for new tools for the wood and metal industries, inventing a hole cutter that works with any electric drill and cuts holds in wood, plastic, and metal. He sold about 150,000 of these tools before selling this patent in the 1970s. Her husband’s success and encouragement prompted Mrs. Silken to develop a bookmark for her husband that clips to the page and shows the exact line for him to resume reading. The couple has also written a self-published book called “I Have an Idea for an Invention ̵
HIGH COURT REFUSES TO HEAR APPEAL IN PATENT DISPUTE
According to an article in ESchool News Online, The U.S Supreme Court refused to hear an appeal by Research in Motion Ltd., a Canadian based company that was challenging a federal appeals court ruling that found it had infringed on the patents held by NTP Inc., a small northern Virgina patent-holding firm, because customers of RIM use the BlackBerry within the United States. The main issue of this case is how United States law is applied to technology that is used in foreign countries and allegedly infringes on the intellectual property rights of U.S. patent holders. This decision by the U.S. Supreme Court not to hear the case could have a major impact for more than 3.3 million BlackBerry subscribers in this country. A local example is the Miami Dade County Public Schools in Florida, the nation’s fourth largest
SHIFT IN PATENT LAWS INCREASES LITIGATION
According to an article written by Christopher Hayes and quoted in the Progress Report, a shift in patent laws over the past ten years has resulted in increased “methods and system” patents, which have opened the flood gates on the amounts of patent claims, and given greater control to big business over innovative ideas. The article cites the example of Rocco Monteleone, who opened the cereal cafe Bowls, in Gainesville, Florida, near the University of Florida. Monteleone received a cease & desist letter from the attorney for Cereality, a cereal cafe which originated in Arizona State University, saying that he was in violation of Cereality’s “methods and system” of selling cereal. Although the United States Patent & Trademark Office, under mounting criticism of this trend, has increased t
United States Patent & Trademark Office May Limit Continuing Applications
On January 3, 2006, the United States Patent & Trademark Office said it may limit the ability of a company to file continuing applications that allow it to revise or modify its existing patent claims, according to an article at MSNBC.com. The reasoning behind this new rule concerns the growing backlog of patent applications that are waiting to be reviewed by patent examiner’s at the United States Patent & Trademark Office. Those opposed to these new limitations warn that biotechnology companies in particular rely on continuing applications for products than can take more than a decade to reach the market, and limiting these would curtail competition and the number of claims that could be made, resulting in overbroad and insufficiently protected patents. This would have a dir
Inventor in St. Petersburg, Florida Sues U.S. Patent and Trademark Office
A Florida inventor and holder of two patents is suing the U.S. Patent and Trademark Office. Again. Inventor, David W.R. Brown, of St. Petersburg, Florida, holds two U.S. Patents and is seeking a refund of the $969 he was charged for records he requested under the Freedom of Information Act. According to an article in the St. Petersburg Times, this is the sixth time he has sued the U.S. Patent Office for a number of alleged violations that he claims stack the patenting deck in favor of large corporations and hurt small companies and individual inventors. The complete St. Petersburg Times’ article goes into the basis of the latest lawsuit as well as previous outcomes and makes for very interesting reading. Well, at least to most patent attorneys anyway.