Category: patent

  • Busted, or not busted, our patent system

    One of the most revered, trusted and enduring of America’s industrial and technological advantages is our patent system.  Except that, it isn’t anymore.  Patents are included in the US Constitution, proof positive that the Foundering Fathers considered them critically important to the future of the country.  That was then, this is now and you’ll understand when you go to www.wired.com/2015/01/fixing-broken-patent-system.  It was written by Jay Walker,the founder of Priceline in the late 1990s.

    Here is an insightful chronology of how much the patent system benefited the country up until the last several decades.  The system is now too cumbersome and costly such that 95% (Walker’s data) of inventions are not available to small and medium size businesses.  Only the mega corporations have the human, financial and technological resources to fully utilize the system.  A study is cited stating that liberating the patent system from litigation-based costs and risks would create $200B/yr in increased economic output.
    Although Hall & Hinkelman (2015) in the Patent Primer 3.0 boast of Intellectual Property, mainly patents, as one of “the great equalizers of our lifetime”, not all companies who use patents are equally able to capitalize on them.
    References

    Hall, E. B. & Hinkelman, R. M. (2015). Perpetual Innovation™: Patent primer 3.0: Patents, the great equalizer of our time! An overview of intellectual property for inventors and entrepreneurs.  Morrisville, NC: LuLu Press. ISBN: 978-1-329-17833-5  Retrieved from: http://www.lulu.com/spotlight/SBPlan

    Hall, E. B. & Hinkelman, R. M. (2015). Perpetual Innovation™: Patent primer 3.0e: Patents, the great equalizer of our time! An overview of intellectual property with patenting cost estimates for inventors and entrepreneurs.  [Amazon Kindle eBook].  ASIN: B010ISU7ZG

  • Chinese Hoverboard Booth Raided by US Marshals at CES – Patent enforcement

    Chinese Hoverboard Booth Raided by U.S. Marshals at CES | Watch the video – Yahoo Finance:

    Also, there’s a better story and another video on Bloomberg here.

    That’s very brazen. A Chinese knock-off shows up at a big gadget expo (Consumer Electronics expo) with samples of a single-wheel hoverboard that distinctly looks and functions like the Onewheel patented by Future Motion of California (inventor Kyle Doerksen). The Onewheel utility patent was already issued and this week a design patent was approved.

    Federal Marshals showed up to take the knock-offs off in handcuffs (so to speak).

    It is the responsibility of a patent owner to enforce patents. A willful infringer can be subject to treble damages (civil suit). But to really shut down a determined pirate, requires a diligent effort.

    To do this so quickly and so forcefully, requires some pretty impressive action on the part of Future Motion.

    Note the part that Alibaba, the Chinese answer to Amazon on steroids, plays in the infringement process. If you are buying a one-wheel for $500 but the real manufacture sells Onewheel at $1,500, you might be buying into something that is too good to be true.

    Note the part that Kickstarter played in launching this invention with a massively successful $630k campaign. See here.

    Note, lastly, that there appear to be quite a few patents within this space. (The Chinese company may have been infringing on dozens of patents, not just 2.)

    Well, time to go levitate.

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  • Bottoms Up Draft Beer Dispensing System on CNN – YouTube

    Bottoms Up Draft Beer Dispensing System on CNN – YouTube:

    Bottoms up! This is an invention that changes the way you think — I mean drink!

    And then combine that with promotionals that can be sold with each cup (designer magnet). Great for brand building for those people who are contemplating the bottom of their cups.

    The fastest beer in the world. The most consistent pour.

    This could make the absolute perfect black-n-tan too.

    CHEERS!

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  • No PTA For Divisional Application … 20 years +/-

    No PTA For Divisional Application | PharmaPatents:

    When does a 20 year patent turn out to be more than a 20 year patent… Patent Term Adjustments.

    Okay, so under certain situations, an extension can be requested to the 20 years that the US has for patent applications after 1995. The idea is that for such applications as pharma the long lead time in all approvals through the PTO and the FDA and more… can significantly reduce the useful life of the patent. So Patent Term Adjustments, PTA, (not to be confused with when your parents got together with teachers and the principal), are sometimes allowed. This is the reason that your friendly Patent Attorney will usually say “a patent is the arrangement with the government to offer a monopoly on your invention for about 20 years when you disclose the invention in the formal patent process”.

    Okay, so PTAs are sometimes allowed, but the extensions can be very qwerty. In this case, you would think that the term adjustments to the main, parent, application would be afforded to the patent applications associated with dividing that original application. Not so, it would seem.

    Very interesting, and a very well written article on the whole issue (POSTED BY COURTENAY C. BRINCKERHOFF)

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  • The Refractive Thinker® Radio Show: Trademark, Patents, and Perpetual Innovation 07/07 by Cheryl Kulikowski Lentz | Entrepreneur Podcasts

    The Refractive Thinker® Radio Show: Trademark, Patents, and Perpetual Innovation 07/07 by Cheryl Kulikowski Lentz | Entrepreneur Podcasts:
    (30 minute broadcast on BlogTalkRadio.)
    This is an interview with Dr. Elmer Hall about Intellectual Property and the types of information included in the Patent Primer 3.0.

    Hall talks about the basic processes that entrepreneurs can take to capitalize on Intellectual Property (IP). This interview is an excellent overview of that the approaches that creators and inventors should consider in bringing IP protection to their creative efforts.

    The books (and eBooks) in the Perpetual Innovation(tm) series are:

    Hall, E. B. & Hinkelman, R. M. (2013). Perpetual Innovation™: A guide to strategic
    planning, patent commercialization and enduring competitive advantage, Version
    2.0
    . Morrisville, NC: LuLu Press. ISBN: 978-1-304-11687-1  Retrieved from:
    http://www.lulu.com/spotlight/SBPlan
    Hall, E. B. & Hinkelman, R. M. (2015). Perpetual Innovation™: Patent primer 3.0:
    Patents, the great equalizer of our time! An overview of intellectual property
    for inventors and entrepreneurs.
     Morrisville, NC: LuLu Press. ISBN: 978-1-329-17833-5  Retrieved from:
    http://www.lulu.com/spotlight/SBPlan
    Hall, E. B. & Hinkelman, R. M. (2015). Perpetual Innovation™: Patent primer 3.0e:
    Patents, the great equalizer of our time! An overview of intellectual property
    with patenting cost estimates for inventors and entrepreneurs.
      [Amazon Kindle eBook].  ASIN: B010ISU7ZG  Retrieved from:
    http://www.amazon.com/dp/B010ISU7ZG   
    Hall, E. B. & Hinkelman, R. M. (2015). Perpetual Innovation™: Innovator’s  primer 3.0: The basics on intellectual property protection for the creator and inventor.  Morrisville, NC: LuLu Press.  ISBN: 978-1-329-23954-8  Retrieved from: http://www.lulu.com/spotlight/SBPlan  
    Hall, E. B. & Hinkelman, R. M. (2015). Perpetual Innovation™: Innovator’s  primer 3.0e: The basics on intellectual property protection for the creator and inventor.   [Amazon Kindle eBook].  ASIN: B0115BG35I  Retrieved from: http://www.amazon.com/dp/B0115BG35I   

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