IP and Patent Law's topics - tribe.net

Writing the Patent Specification

jeau — Sun, 08 Jun 2008 15:16:04 GMT

Hi folks--I'm working on my RPA. I have many questions, but will try to group them by subject. Some questions may seem overly picky, but I'm doing this all myself, with the aid of David Pressman's "Patent It Yourself" (13th ed., 2008).

In the Specification, (BACKGROUND--PRIOR ART subheading) I first refer generally to a vast group of items from my field. They are found in numerous statutory classes (process/method, machine, article of manufacture) and I wish to refer to them collectively. For example, "Humans have devised many systems to conceptualize and explain relationships between colors." (The second sentence will point out why all but a tiny subgroup are irrelevant with regard to prior art. I begin this way because the context is critical...it's a forest/trees thing.) Then it's on to the actual prior art references .

My question: is the word "systems" adequate to sum up all the ideas, methods, devices, and products already in existence? I wish to be concise so as not to lose the examiner. I recognize that this lead-in sentence isn't quite so critical as the description of my own gizmo, butI don't want to use a legally limiting or inappropriate term in the very first sentence.

Also: what is the proper format for citing prior art that is not a patent (e.g. journal articles, books, art, even workshops)? Surprisingly, Pressman doesn't cover this. Thanks for your help!

posted in IP and Patent Law - 0 replies

Curbs on Business-Methods Patents

FXtrader — Tue, 04 Mar 2008 18:54:09 GMT

The nation's top patent court, the US court of appeals for the Federal Circuit, appears to be ready to the examine the validity or all business-methods patents. As you may know, these have been con traversal since their inception 10 years ago.

This review of the first business-method patent, the Bilski case, which involves a patent on a method for hedging risk in the energy market, could possibly eliminate the the entire class of business-methods patents.

I wonder when they're going to get to this? Have you heard anything? What do you think the likelihood of this happening is?

posted in IP and Patent Law - 1 reply

Business networking and Events

Sun, 17 Feb 2008 13:18:57 GMT

i would like to invite my Tribe network to join me on www.connectture.com - its a social business network based in Europe with a growing base of users from all over the world. Easy way of keeping track of your Business Network.

Cheers

Sarah

posted in IP and Patent Law - 0 replies

Doing your own "prior art" search

Schpanky — Wed, 06 Jun 2007 04:16:47 GMT

Doing your own "prior art" search --- how feasible is it? What kind of databases do the professionals/ patent attorneys access? Is this information public? Is there an easy way to do it or is it worth it to pay someone else to do it?
b

posted in IP and Patent Law - 10 replies

Is a working model required?

FXtrader — Wed, 15 Aug 2007 18:32:05 GMT

As an aging programmer, I must admit --it's a real challenge keeping up with the all the latest languages. Now I'm learning Ruby on Rails, but it's slow going. I was telling a friend how I had this great idea for a very simple software patent, but couldn't apply for the patent until the web application was done.

They suggested something quite STARTLING-- that I apply for the patent first, then once my idea was protected, I'd be in an ideal position to get an investor or two to hire some programmers, which would move the whole project along much faster.

Actually, it is a very simple concept, for a new business model. I CAN certainly write out the whole concept in less than ten pages, including flowcharts, sample screens, and complete specifications so that any programmer could write the application. It would be an entire blueprint..

Could such a document be provided to a patent attorney to file for a patent?

Or must I have a working model? And if so, does it have to be publicly available?

Thanks for you help on this. I'll keep you posted on my progress.

posted in IP and Patent Law - 3 replies

trademark questions

Sun, 07 Jan 2007 21:46:49 GMT

Hello, I have a couple of questions relating to trademarks. A friend of mine is trying to get a service mark registered; the questions are as follows:

1)In choosing a class, my friend has encountered several services that fall under the umbrella of his organization (note: these services are all in the same class). Does he have to pay ~$300 for each service he chooses, or does the onetime payment cover as many service as he wishes to designate as long as they fall in the same class?
2)My friend's firm is an LLC, but he's considering converting to a corporation. if he registers his service mark now (i.e., as an LLC), will converting to a corporation in any way affect his registered service mark (assuming it gets issued by the USPTO)?

Please feel free to send me a message, as I rarely use tribe these days. Any help you can provide would be kindly appreciated.

Thanks!
Ali

posted in IP and Patent Law - 1 reply

New business model or not?

FXtrader — Mon, 23 Oct 2006 21:06:10 GMT

BACKGROUND: The online video industry is growing in leaps and bounds. The recent sale of youTube to Google for 1.6 billions dollars is the biggest example yet that the online video industry is a giant evolving force. How is this possible? If you visit http://youtube.com/browse?s=mp -- every day you'll find dozens of short 3-5 minutes amateur videos that get 20,000 views, within 24 hours of posting. Some get more than 100,000 views within 24 hours. Remember: on the internet, traffic equals dollars. That's why Google paid 1.6 billion for youTube.

PROBLEM: The best know and oldest video blog, http://rocketboom.com has struggled with sponsorship since day one. Revver and Metacafe have developed a couple of good profit models, but both have severe short comings.

SOLUTION: These days the ZeFrank show, http://www.zefrank.com/theshow/archives/2006/10/101806.html, is one of the most popular video blogs these days. Last week, in an effort to increase sponsorship, Ze implemented a new business model, which is being called micro sponsorship. Note: the reason a youTube user can upload a 3 minute video and get 20,000 views in 24 hours, is because they have a following. ZeFrank has a following. He's been struggling for a long time with the problem of sponsorship. Nothing has worked. Now he's introduced his, http://gimmesomecandy.com micro sponsorship program and in one fell swoop has changed the whole online video industry.

HOW IT WORKS: Basically, instead of trying to sell ads to commercial sponsors, who would then sell products to viewers, he sells "duckies," which are little duck icons of thanks, and recognition to the viewers themselves. Viewers can purchase 5, 10 or $50, "duckies." Last week in one day he sold over $2000 of these little ducky icons. People who purchase one of these icons get to write 50 characters of text-- any text-- that appears when that "duckie" is moused over on the following days shows. Here's an example; that show where he made over $200 in one day. http://www.zefrank.com/theshow/archives/2006/10/101806.html

A NEW BUSINESS MODEL: This micro sponsorship model is completely new! No one has ever done anything like this before. It is not just new, it is startlingly and exponentially more effective than anything anyone else has tried. Ze has, for all practical reasons, solved the single most important problem plaguing all the new video sites including, youTube. With this simple business model, both video producers and the sites that host them can now generate a constant stream of income off of all the traffic they generate. The technology is such that it is VERY EASY to add on to their existing web applications.

QUESTION: Is this new business model patentable OR is it now public domain, because it has been used already offered publicly?

posted in IP and Patent Law - 4 replies

PPA vs. Patent Filing.....

Brennesiology — Mon, 31 Jul 2006 05:13:52 GMT

OK, so I am installing, one month from now, a publicly viewable structure. My question is, if I file a PPA first before it is publicly viewed, will that alone, null and void any later patent, because it was viewed by others within my provisional year, and not covered from the World with a black lead curtain. If one files a provisional patent, are they under liability to conceal it from public eyes, and if I am going to show it publicly, would I be better off just filing the patent myself within the next two weeks? If something which is new and novel will be seen by thousands a month from now, what is the best mode fo obtaining the intellectual property necessary to still have it 20 years from now? Any help would be great. Thank You Very Much!

posted in IP and Patent Law - 0 replies

assignment of application ...

micou — Mon, 10 Jul 2006 23:35:50 GMT

my employer who terminated me, ask me to sign an assignment letter on Patent I develop while employed, however that ask me to give up all my right for a $1 symbolic money...

Question as I am not with them anymore, am I in the oblication to sign such a document ?
can I ask to be co-assignee and do give up all the right...
can I sell the right for more thant $1 ?

I would like to know if there is an attorney here willing to take the case
or someone who can refer me to an Patent Lawyer

+Michel
contact : 610 457 1923

posted in IP and Patent Law - 3 replies

Law Forces Software Patenting?

FXtrader — Sat, 10 Jun 2006 14:42:38 GMT

"Programmers have slowly come to realize that, if they don't patent their code, they may find themselves unable to legally use it after someone else patents it much later. Out of necessity, a new patent-oriented ethos has taken over..."

http://www.emailbattles.com/archive/battles/ip_aadiedddfi_cd/

posted in IP and Patent Law - 2 replies

I am in San Francisco

costin — Sat, 10 Jun 2006 17:44:48 GMT

where I can go to registrate a patent ?

posted in IP and Patent Law - 0 replies

Drastic Proposed Changes in Patent Prosecution

Thu, 05 Jan 2006 02:28:28 GMT

I hope everyone has seen the new proposals by the PTO.

They will drastically change the way we do things...and not in a good way.

Take a look.

http://www.uspto.gov/web/offices/com/sol/notices/71fr61.pdf

http://www.uspto.gov/web/offices/com/sol/notices/71fr48.pdf

Dalm.

posted in IP and Patent Law - 0 replies

Provisional Patents

FXtrader — Tue, 06 Dec 2005 01:49:29 GMT

Yesterday I found out, that upon filing a provisional patent, you are allowed to use the phrase "patent pending" on your product. Wow!

According to the book: Patent Pending in 24 hours.
http://www.amazon.com/gp/product/1413300952/qid=1133833438/sr=8-1/ref=pd_bbs_1/102-3691527-3428954?n=507846&s=books&v=glance

What's a provisional patent cost these days?

posted in IP and Patent Law - 15 replies

Business method patents

Jeremy — Fri, 16 Dec 2005 08:22:30 GMT

One of my inventions is a business method patent. I don't think that I will be writing much of this one on my own (as I did my last one) because I can not find much information on how to go about it. That said, I would like to be able to write as much as I can in order to keep costs down and increase clarity (I know what it is in much more detail than the attorney can). Therefore I have 2 questions:

1. What are the special considerations that go into writing a business method patent and how does one go about it?

2. Being as business method patents are relativly new and controversial, even in this country, how well do they hold up in international markets? Will other countries issue this type of patents?

posted in IP and Patent Law - 0 replies

What's 112?

FXtrader — Tue, 13 Dec 2005 23:20:38 GMT

Dalm said, "If you really understand the patent system and 112, you will realize that a good provisional needs just as much prep time as a regular utility."

What's 112? Some new ruling?

posted in IP and Patent Law - 1 reply

Need Copies???

Jessica — Sat, 01 Oct 2005 06:27:54 GMT

I work for a legal support company in Stockton if u need copies of depositions, need court filing done in stockton or anything else we get it done fast and very high quality just let me know Ill give you the best service you will ever know you will have to tell all your friends about the company if interested let me know Ill get you in touch with my boss and you can go from there have a nice day..Jessica

posted in IP and Patent Law - 0 replies

software patents...

FXtrader — Wed, 24 Aug 2005 23:22:27 GMT

I try to keep up on the trends in business-model patents, which are also referred to as software patents. The classification might even be broader than that these days, but today I want to get your opinion-- to see it I'm up to date-- or at least in the ball park.

As of yet, no new legislation has been passed to further restrict of inhibit the approval of software patents.

I always like to use priceline.com as an example. In my mind, what distinguished them was not so much the application for the patent, or the idea itself, but their willingness to defend it.

Question: If hypothetically Amazon.com had yet to release their system of mutual feedback, wouldn't that too possibly qualify as a new business model? I think so.

Now if I had an idea for a new Internet based business model, am I correct that once I file the patent disclosure form with the patent office, I have one year to actually file the patent, and am protected during the course of the year, where I can then freely solicit venture capital for development of that project.

Seems like a simple formula. Lets just say, I or someone had a GREAT idea for a business model. Working from that as a hypothesis: does the patent disclosure process offer sufficient protection so that confidential disclosure agreements are no longer necessary, at least in regard to the first year?

posted in IP and Patent Law - 5 replies

About a PPA.....

Brennesiology — Fri, 05 Aug 2005 02:18:33 GMT

I sent in a PPA, and got the reply letter, 3-pages, promoting a foreign filing, along with two nearly identical pages; detailing two small $25 additional fees. Does this mean I should send $50 or $100? Do they usually send them in multiples like this? I now see "A copy of this letter, must be returned, with the reply". Can I just cet a thumbs up now, that I should send in $50 1nce, with one of the identical, original copies?, of the "formalities letter"?

posted in IP and Patent Law - 1 reply

Phillips v AWH (en banc)

Tue, 12 Jul 2005 23:54:58 GMT

To those who may not be aware, the en banc decision came down today from the Federal Circuit in the Philips case.

http://www.fedcir.gov/opinions/03-1269.pdf

enjoy...

Dalm...

posted in IP and Patent Law - 0 replies

Patent Prosecution v. Patent Litigation

Wed, 12 Jan 2005 00:46:41 GMT

We have a minor conversation going on this subject over on the legal advisors tribe and I thought I would bring it up here.

As a person who has done patent examination at the USPTO and patent prosecution and portfolio development for clients and corporations, I often go to AIPLA seminars and read articles where patent litigators give advice on the best way to prosecute patents for winning litigation. While the advice may be useful for being in litigation, if followed, they may greatly reduce your chance at getting a patent in the first place.

My philosophy is: patent first, worry about litigation second. We all know what the true probability of litigation is and if you don't have a patent in the first place, the probability is zero.

As an example, we all have heard the advice of not talking about the prior art or mentioning benefits of the invention in the spec. While that may be useful in litigation and neither may be required by the MPEP, we all also know they make getting a patent much easier. Who knows, maybe without them, you will not even get a patent.

What do the patent people out there think?

Dalm aka Steve.

posted in IP and Patent Law - 1 reply

Patent attorney working "on spec"

jeff_esq — Fri, 01 Oct 2004 23:15:26 GMT

Someone has posted an ad here looking for a patent attorney to prosecute "on spec." I'm uncomfortable with this -- it's basically asking the attorney to take an interest in a patent he's prosecuting, since if no patent results he's unlikely to get paid. Unethical?

posted in IP and Patent Law - 3 replies