I’m scheduled to host Blawg Review to mark the 20th anniversary of Americans with Disabilities Act (ADA) on Monday July 26, 2010. Blawg Review is the blog website for everyone interested in law blogs. “A peer-reviewed blog carnival,” where the host of each Blawg Review decides which of the submissions and recommended posts are suitable […]
In an effort to push forward patent reform, Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) posted a press release using the highly publicized Supreme Court decision in Bilski v. Kappos (.PDF) as a reason as to why reform is needed. Bilski affirmed a Federal Circuit decision denying a patent for a process for hedging on […]
Almost immediately after the Supreme Court handed down the Bilski decision Robert W. Bahr, Acting Associate Commissioner for Patent Examination Policy sent a memorandum to the patent examining corps which gave guidance as to how the USTPO examiners should interpret the case. Bahr told examiners to examine patent applications for compliance with section 101 using […]
To summarize today’s Supreme Court ruling in Bilski (PDF), business method patents remain viable subject matter and the machine-or-transformation test enunciated as the sole test by the Federal Circuit is not the exclusive test, but merely one tool in the Examiner toolbox. The court affirmed that Bilski’s risk-management method was not patentable subject matter. “Indeed, […]
How does a trademark benefit your company? Every one knows the value of a name. I wonder what the value of the Nike name and swoosh design is versus all the inventory and assets the company owns. I would guess the name has more value. But what are the benefits of registering the trademark? Here […]
What’s taking the Supreme Court so long to hand down an opinion on the Bilski vs Kappos case? Bilski was argued on Nov. 9, 2009… 225 days ago. There has been much speculation that the decision will be published when the Supreme Court next releases its opinions on Thursday (June 24, 2010) or next Monday. […]
What Inventors Need to Know… Tom Demitry is an entrepreneur, an inventor, a salesman, a marketer, a man of ideas and as he will tell you first and foremost a father and a man of God. He is constantly coming up with new ideas and new ways to reinvent himself. His passion and enthusiasm are […]
Recently I met with Ron Roberts, President of Rolite Manufacturing. Rolite is a roll forming manufacturer that produces metal products of all shapes and sizes for large and small companies. I toured their manufacturing facility and was amazed at how a compact roll of sheet metal can be stretched, cut, pounded, bent, stamped, shaped and […]
What is patentable subject matter? Many people believe that they can patent anything. But the truth is there is only certain statutorily allowable subject matter that can be patented (35 USC 101). Here’s a list of the basic allowable subject matter: Process (Method of making infrared heaters which reduces costs by 25%) Machine (Motorized device […]
Can you patent an idea? No. Many potential inventors say to me “I have an idea I would like to patent” but what they do not understand is that the invention itself is patentable, not the idea. In order for an idea to become a patented invention, the inventor must be able to teach someone […]