The U.S. Constitution constructs a patent as nothing but an “exclusive Right,” the very essence of a private property right. As such, for two centuries preceding 2006, over 90% of patent owners who won patent infringement cases were awarded injunctive relief. Infringers knew ahead of time that the courts would stop their infringement, which could […]
Rep. Darrell Issa Proposes Legislation Harmful to Startups and Inventors
Rep. Darrell Issa, the Chairman of the House Judiciary Committee’s IP Subcommittee, recently introduced draft legislation titled the Litigation Transparency Act of 2024 (LTA). Issa knows this legislation is bad for inventors and startups because it was explained clearly to him in a hearing in his IP Subcommittee. You can read more about this hearing […]
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. […]
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 […]
Apple Goes To Amazing Lengths To Destroy Inventors
It used to be that a biometric sensor wouldn’t work on a moving body. A heart sensor would only work on a motionless person, like a patient in a coma. The solution that solved this problem was invented and patented by Dr. Steven LeBeouf. Dr. LeBeouf, who has a Ph.D. in Electrical Engineering (no small […]