FEATURED
Innovation Gadfly
- September 10, 2024
1,910 views 13 min

The RESTORE Act Fails; Codifies the Effects of eBay

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 […]

21 POSTS
Paul Morinville is Founder and Executive Director of SPARK Innovation.  SPARK Innovation strives to create an policy environment ...
FEATURED
Innovation Gadfly
- July 31, 2024
1,115 views 10 min

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 […]

21 POSTS
Paul Morinville is Founder and Executive Director of SPARK Innovation.  SPARK Innovation strives to create an policy environment ...
FEATURED
Innovation Gadfly
- July 11, 2024
527 views 7 min

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 […]

-10 POSTS
Jayme Smaldone is the Founder and CEO of Mighty Ventures, a company specializing in the development and licensing of innovative pr ...
FEATURED
Innovation Gadfly
- July 3, 2024
848 views 5 min

The Foundation of Innovation: Why Was Patent Protection Enshrined in the US Constitution?

patent protection 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 […]

-10 POSTS
Andre' DiMino is a technology business executive with an extensive engineering and science background in the design, development, ...
FEATURED
Innovation Gadfly
- June 21, 2024
906 views 7 min

How to Write a Good Patent From Someone Who Has Patented Nothing and Is Not A Patent Attorney

write good patent

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 […]

-10 POSTS
I come from an “all data, all the time” background. I’ve spent over 20 years working with co ...
FEATURED
Innovation Gadfly
- June 18, 2024
693 views 16 min

Why Third-Party Litigation Funding Is A Misguided Focus

third party litigation funding tplf misguided

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 […]

21 POSTS
Paul Morinville is Founder and Executive Director of SPARK Innovation.  SPARK Innovation strives to create an policy environment ...
FEATURED
Innovation Gadfly
- June 12, 2024
523 views 16 min

Heads I Win, Tails You Lose: How the USPTO Retains their Ill-gotten Gains (Part II)

uspto patent

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. […]

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FEATURED
Innovation Gadfly
- May 14, 2024
834 views 14 min

Dear Congress, the PTAB Hinders Innovation and Threatens National Security

PTAB hinders innovation threats 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 […]

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FEATURED
Innovation Gadfly
- May 7, 2024
721 views 6 min

Shut Up! Denied Right to Defend Your Rights

no rights for patent owners

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 […]

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