Showing posts with label US Patents. Show all posts
Showing posts with label US Patents. Show all posts

Thursday, March 26, 2020

USPTO - Filing Patent Documents

The USPTO strongly encourages customers to file via EFS-Web:

"EFS-Web for Registered eFilers - Enhanced filing of new patent applications, follow-on submissions, saved submissions, and more.

EFS-Web for Unregistered eFilers - Basic initial filing of new patent applications. Note: Unregistered eFilers are not permitted to file follow-on submissions/fees in EFS-Web. Unregistered eFilers are advised to pay fees online as part of the initial application submission or use an alternative filing method to pay fees, such as including a deposit account authorization with the application papers or mailing the payment using the Priority Mail Express® service of the United States Postal Service (USPS) in accordance with 37 CFR 1.10.

If you have questions about filing via EFS-Web, please contact the Patent Electronic Business Center (EBC) at ebc@uspto.gov or (866) 217-9197."

Copyright © 2020 Robert Moll. All rights reserved.

Saturday, February 22, 2020

IP Watchdog - Six Years After Alice: 61.8% of U.S. Patents Issued in 2019 Were ‘Software-Related’—up 21.6% from 2018

Raymond Millien of Volvo flags the increase of US patents issuing on software-related inventions in 2019. It contradicts the conventional understanding that the Supreme Court Alice v. CLS Bank decision eliminated or has made it quite difficult to obtain software patents. Yes, business methods are difficult, but other software-related patenting has also increased in volume and importance.

For details see IP Watchdog: Six Years After Alice: 61.8% of U.S. Patents Issued in 2019 Were ‘Software-Related’—up 21.6% from 2018.

Copyright © 2020 Robert Moll. All rights reserved.

Wednesday, August 1, 2018

Wired - Despite Pledging Openness, Companies Rush to Patent AI Tech

If you are considering patenting artificial intelligence (AI) software, you are not alone. See Wired Despite Pledging Openness, Companies Rush to Patent AI Tech.

My comment on the article. I don't think a company's decision to patent AI is inconsistent with maintaining openness of its AI platforms. A company may disclose a platform so others can build on it yet reasonably expect IP protection of other advances that distinguish them from competitors. In software we look to trade secret, patenting, and copyright for legal protection. If a company elects to rely on trade secret, it prevents others from being aware of that information. So again how would clamping down on AI patents and pushing companies toward trade secret, help advance AI research? I don't think the article addresses my question, but it might inform some that AI patenting has increased greatly in the USPTO.

Copyright © 2018 Robert Moll. All rights reserved.

Wednesday, January 10, 2018

Tech Crunch - IBM Led on Patents in 2017, Facebook Broke into Top 50 for the First Time

Tech Crunch's article IBM Led on Patents in 2017, Facebook Broke into Top 50 for the First Time lists the top 20 companies in US patent awards and an overview of what they patented in 2017.

Copyright © 2018 Robert Moll. All rights reserved.

Tuesday, January 9, 2018

IP Watchdog - With 9,043 U.S. Patents, IBM Tops for 25th Consecutive Year

In IP Watchdog With 9,043 U.S. Patents, IBM Tops for 25th Consecutive Year, Gene Quinn has an article on IBM's receiving 9,043 patents in 2017, including 1,900 cloud related patents, 1,400 artificial intelligence (AI) related patents, and 1,200 cybersecurity patents.

Copyright © 2018 Robert Moll. All rights reserved.

Saturday, November 25, 2017

USPTO - General Information Concerning Patents

If you are looking for an introduction to US patent law, I recommend General Information Concerning Patents on the USPTO website.

This article is well organized and gives a nice overview of the US patent system, explains the difference between utility and design patents, and the difference between inventions protected by patents and other intellectual property (IP) protected by copyright or trademark. It should help new inventors understand the requirements of patent applications, drawing requirements, and patent prosecution in general.

My critical comment is the description of patentability searching is way out of date. It actually recommends searching in the Public Search Facility of the USPTO or in patent libraries throughout the US or worse in CDs. This is not the way to conduct searches today and hasn't been the way since Web searching took over about 1995.

Copyright © 2017 Robert Moll. All rights reserved.

Tuesday, February 2, 2016

Stanford Technology Law Review - Patents and Small Participants in the Smartphone Industry

Patenting in the smartphone industry? Better check out the Stanford Technology Law Review article Patents and Small Participants in the Smartphone Industry.

From the abstract: "This Article seeks to show how patent rights affect the ability of small participants to enter, compete, and exit smartphone markets. The study collected and used comprehensive empirical data on patent grants, venture funding, mergers and acquisitions, initial public offerings, patent litigation, and marketing research data. This Article shows empirically that small participants succeed in the market when they have a low and specific critical mass of patents and that this success exceeds the general norms in the startup world. Surprisingly, the analysis demonstrates that the level of financing and market success do not increase with larger patent portfolios. Lastly, despite the controversies over patent trolls, this Article demonstrates that patent litigation, whether from operating companies or NPEs, does not appear to be a significant concern for small players and does not appear to pose barriers to entry. The Article concludes by arguing that patent rights are providing incentives for innovation among small industry players and that contrary to some expectations, patent rights support competitiveness in the smartphone industry for small market players."

Copyright © 2016 Robert Moll. All rights reserved.

Friday, November 20, 2015

Crouch - AIA Patents: 20% of New Patents - Brief Comment

Professor Dennis Crouch's post: AIA Patents: 20% of New Patents includes a chart that graphically shows a steep rise in US patents that have issued under the America Invents Act (AIA). As a reminder, an AIA patent is not entitled to a filing date earlier than March 16, 2013.

I expect a rise in litigation on how 35 USC 102 should be interpreted for AIA patents given the different language of Section 102 of the AIA and given the paucity of court or PTAB decisions to date. I am not certain if the rise in AIA patents will trigger a similar rise in litigation rather than settlement on Section 102 disputes, but it seems likely.

Also see Professor Crouch's First AIA Lawsuits and my article America Invents Act, On Sale Bar, 35 USC 102.

Copyright © 2015 Robert Moll. All rights reserved.

Thursday, February 5, 2015

USPTO - Patent Quality Initiative - Request for Comments and Notice of Meeting

Today, the United States Patent and Trademark Office (USPTO) published that it's seeking public input and guidance to direct efforts to improving patent quality.

The USPTO states it plans to "focus on improving patent operations and procedures to provide the best possible work products, to enhance the customer experience, and to improve existing quality metrics. In pursuit of these goals, the USPTO is launching a comprehensive and enhanced quality initiative. This initiative begins with a request for public comments on the set of proposals outlined in this document and will continue with a two-day “Quality Summit” with the public to discuss the outlined proposals. The conversation with the public held at this Quality Summit, complemented by written comments to these proposals, is the first of many steps toward developing a new paradigm of patent quality at the USPTO. Through an active and long-term partnership with the public, the USPTO seeks to ensure the issuance of the best quality patents and provide the best customer service possible."

In a blog post, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee stated "improving patent quality lies at the core of the U.S. Patent and Trademark Office’s mission, I’m pleased to announce the launch of a comprehensive new program, our Enhanced Patent Quality Initiative.

                                                         .      .       .             

As you may know, we’ve already been hard at work at the USPTO on numerous initiatives focused on improving patent quality. We’ve offered robust technical and legal training for patent examiners while rolling out new programs such as the Glossary Pilot, Quick Path IDS Program, First Action Interview Pilot, and After Final Consideration Pilot. We’ve worked to improve operational capabilities and information technology tools while expanding international work sharing efforts.

Our Enhanced Patent Quality Initiative allows us to further improve patent quality through direct and ongoing engagement. What do I mean by engagement? I mean robust discussions with the broader public, from a longtime patent owner to a Main Street retailer who has only recently begun to focus on these issues; from patent prosecutors to patent litigators and from patent applicants to patent licensees. We’re also having productive conversations within the agency—from examiners and IT staff to policy experts. By engaging all of these stakeholders, we are working to ensure the USPTO issues the best quality patents possible.

If you want to be a part of that process, we’d love to have you at our first-ever Quality Summit, an intense, two-day deep dive into patent quality that will include discussions among USPTO leadership, experts from the agency, industry and academia, and you. The Summit will be on March 25th and 26th at USPTO headquarters in Alexandria, Virginia. We’ll be looking at possible new initiatives the USPTO could undertake, all of which fall under our three identified Enhanced Patent Quality pillars:  (1) excellence in our work products; (2) excellence in measuring patent quality; and (3) excellence in our customer service.

You’ll find our agenda for the Quality Summit in our Federal Register notice. But even if you can’t attend our Quality Summit in person, you can participate via webinar and the Summit will be recorded for later viewing.  Also, the Federal Register notice lets you know how you can directly provide us your written comments, including reaction to the overall effort, thoughts on the initiatives under discussion at the Quality Summit, and any other suggestions for agency initiatives or undertakings. The formal comment period will remain open until May 6, but please understand that this in an ongoing dialogue. There will be many more opportunities for us to hear from you."

One person at the USPTO who will be particularly eager to read your comments and hear your thoughts at our Quality Summit is Valencia Martin-Wallace, the USPTO’s first Deputy Commissioner for Patent Quality. This newly created leadership position ensures a dedicated focus on the agency’s patent quality efforts. Deputy Commissioner Martin-Wallace brings a wealth of experience to this position. She’s worked at the USPTO for twenty-two years, serving as an examiner, Technical Center Director, and Assistant Deputy Commissioner for Patent Operations."

Copyright © 2015 Robert Moll. All rights reserved.