Got Knockoffs? Hit ‘Em with a 337 Complaint
We had a problem. Our patented Smartgrip, which allows any item to grip when knocked but lifts naturally, was gaining steam. Mighty Mug, our first item with Smartgrip, was so innovative that it attracted many imitators, which became a problem we were set on solving. Imitation is a form of flattery and a sign that […]
The Foundation of Innovation: Why Was Patent Protection Enshrined in the US Constitution?
In the intricate framework of America’s founding documents, patent protection holds a specific and distinct place, reflecting the wise foresight of the founding fathers of our great country. The prominence of patent protection in the US Constitution was no afterthought; on the contrary, it emerged as a pivotal instrument to foster innovation, promote progress, and […]
How to Write a Good Patent From Someone Who Has Patented Nothing and Is Not A Patent Attorney
I haven’t written anything for external consumption in a long time unless you count the stuff I do for UnemployedProfessors.com and my Instagram captions. After last week’s US Inventor’s call, however, I was persuaded to not only write for Paul, my favorite patent frenemy, but also change my topic to this one. It has a […]
Why Third-Party Litigation Funding Is A Misguided Focus
On June 12, 2024, the House IP Subcommittee held a hearing called The U.S. Intellectual Property System and the Impact of Litigation Financed by Third-Party Investors and Foreign Entities. The hearing was about third-party litigation funding (TPLF) related to patent litigation and the perceived national security risks of hidden hostile foreign funders. Some of the […]
Heads I Win, Tails You Lose: How the USPTO Retains their Ill-gotten Gains (Part II)
As we are well aware, the patent examination process is complex. USPTO personnel, USPTO technology, inventors, and patent applicants can and do make mistakes. Regardless of how an error arises, there should be a workable, reliable, and consistent petition process to address and correct errors. When it comes to financial mistakes, 35 USC 42(d) authorizes. […]
Corporate Lobbyists Pushing Harmful Laws on Genuine Inventors
Fake Inventors Pushing Bad Law for Real Inventors After eleven years walking the halls of Congress, I’ve learned a few things. The most important is that more than half the members of Congress are good people who look out for their constituents. They value feedback and try to improve the lives of the people they […]
Highway Robbery: How the USPTO Pockets Excess Filing Fees (Part I)
$15,880 Gone! $13,900 Missing! $13,540 Taken! $17,120 Lifted! $6,390 Pilfered! $8,300 Borrowed! This article is dedicated to inventors and IP practitioners who have checked their USPTO deposit accounts only to realize “we’ve been robbed!” Unlike the burglar who stealthily snuck into Steve Martin and John Candy’s motel room in Planes, Trains and Automobiles under the […]
Dear Congress, the PTAB Hinders Innovation and Threatens National Security
The Patent Trial and Appeal Board (PTAB) effectively invalidates 84% of the patents it fully adjudicates. That fact comes directly from the U.S. Patent and Trademark Office’s (USPTO) PTAB Trial Statistics FY23 End of Year Outcome. This astronomical PTAB invalidation rate has effectively shut down investment in early-stage startups, particularly in vital sectors that require […]
Shut Up! Denied Right to Defend Your Rights
Inventors naturally solve problems that others have not. Tom Waugh had a successful business in Alabama, providing fittings and parts for utility poles and electrical systems. Utility poles must be strong and durable, especially tall ones with many lines. The metal utility poles that existed before Tom got involved required taking large sheets of metal […]