Patent Writing Secrets: What's the Hook?

Before beginning to draft the patent application there is one step you must take to make sure you get MAXIMUM protection for your idea (and to make sure no one gets around it).

And that step is establishing the hook. Allow me to explain what a hook is with a rather famous example in patent circles.

Years ago a man caught a rather tragic news story.

A woman had died from carbon monoxide poisoning while trapped in her garage. The story goes the woman drove into her garage and shut the door behind her BEFORE shutting off her car (this was up north, in the winter, where people normally do these things). By some series of events the woman fell out of her car before she was able to shut the engine off. Trapped on the ground unable to open the garage door or turn off her car, the woman suffocated to death.

Now this is where the story gets interesting (from a patent perspective)…

The man watching the news story said to himself, “Gee, why don’t they just make a garage door that automatically opens when carbon monoxide is detected?” And an idea was born.

The hook is basically one sentence that encompasses the spirit of your patent. In this case - A garage door that automatically opens when carbon monoxide is present.

Let’s look at some other patented products that are on the market to see if we can determine what the hook is:

How about those little cardboard sleeves you see around coffee cups? Patent #5,205,473 (which you’ll see plastered on the side of Starbucks coffee cup sleeves) hook is:  Corrugated beverage containers and holders are which employ recyclable materials, but provide fluting structures for containing insulating air.

What about the millions of computer mouse’s (mice?) that have been produced over the years? Patent # 3,541,541 (long since expired) is for a “X-Y Position Indicator For A Display System”

Have you ever given any thought to the common zipper? Patent #557,208 (not the first for a zipper) explains: “A device for detachably connecting the flaps of shoes or other articles

So, how do you establish the hook? Here are a few guidelines:

  • How does your invention do it easier, faster, and/or cheaper? In the case of the zipper, it would be faster to put on clothes (much faster than using buttons or tying a string).
  • What’s absolutely new? Computers have obviously been responsible for a range of new inventions, but how to easily control them…to communicate with them. The mouse made it easy to do tasks that – at one time – needed to be typed by hand (a very time consuming process).
  • What’s different about it? In the case of the coffee cup, it’s much easier to hold sturdy cardboard than flimsy foam insulated cups.

The main thing to look for is…what’s the big benefit? How can this benefit someone’s life? Why will the world find this invention worthy for a patent? Establish the hook with this benefit in mind, and you are well on your way to a very good idea.

Posted By John Rizvi In Patents 0 Comments

Reader Question: Should I take my idea to an investor before getting a patent?

L.C. asks:

Quick question. Would there be any issues going to angel investors, or venture capitalists before starting the entire patent process? Would that spark any legal trouble down the line?

My answer.

It's not that it would spark legal trouble down the line. It's that it could. Let me explain...

The patent process grants you a few very specific and very attractive rights. Notably, the right to prevent others from making, using, selling, or distributing the patented invention without your permission.

However, you do NOT get these rights before you patent the invention.

So that means that if you disclosed your invention to anyone (say, an angel investor or venture capitalist) and they "stole" your idea...you could be out of luck.

Now, one of the common ways people try to protect their rights before they get a patent is by using a non-disclosure agreement (or NDA). A common definition of an NDA is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties. It is a contract through which the parties agree not to disclose information covered by the agreement. An NDA creates a confidential relationship between the parties to protect any type of confidential and proprietary information or trade secrets. As such, an NDA protects nonpublic business information.

That's a mouthful, and basically it means - if you steal my stuff I get to sue you.

The big difference between a patent and an NDA is that the patent is a government document certifying ownership of (intellectual) property, whereas a NDA is a contract between two people. Which do you think carries more weight?

(Note: I've produced a short video on the limitations of an NDA. You can find it here - http://www.youtube.com/watch?v=fNLioqZvOPE)

The second danger you face if disclosing your invention before patenting it (to anyone other than a registered patent attorney) is if they file for the patent before you do. Right now, the U.S. is a first to invent country, which means whoever invents the thing first has rights to it. That all changes on March, 16, 2013 when the U.S. switches over to a first-to-file system (under the America Invents Act).

Basically, the ONLY person you should be disclosing your invention to is a registered patent attorney. Anyone else, and you're taking a risk.

Posted By John Rizvi In Patents 0 Comments

Problems to Products to Profits

I am NOT alone.

It always amazes me how many people share my same problems (and are on the constant lookout for solutions - i.e. new products - for those problems).

The other day a friend sent me a picture (below) of a bunch of "electricity splitters" plugged into each other...with one power outlet running a dozen or so devices. I looked at that picture and image the inventor of the power strip, getting frustrated at his growing number of devices/limited power sources. And finally inventing a solution that you can find in every office and home around the world.

Yes - necessity is the mother of invention.

With that in mind I browsed the internet for more "unorthodox" inventions. Now, it's easy to laugh at these pictures, and you should. But remember...these people are CRYING for solutions to their problems (and in many cases people have paid MUCH MORE for a better solution).

Nobody likes drinking warm beer

The age old dilemma: How to hold your drink if your hand is broken

And of course, addressing the problem of not enough cup holders.

Remember, people have problems that they need solved. Whereas these three inventions show how people took the cheap way out...there are people out there willing to spend good money to solve their problems.

Case in point, the other night I was having dinner at a friends house. This particular friend loves wine and thinks nothing of spending $100 on a bottle of wine. And then there are the fancy wine bottle openers, the expensive glasses, and other assorted nic-nacks.

One in particular is the Thermoelectric chiller.

Essentially, it keeps your bottle of wine at a controlled temperature. Cost - $109.

I asked him why he just doesn't use a bucket of ice water (cost - maybe $10). It gets the bottle wet, was his answer.

He was happy to spend ten times as much to keep his bottle of wine cool, just so the bottle would not get wet. There is an important point there. Solve a problem and people will gladly pay (just don't forget to patent it so you don't have any competition!)

Posted By John Rizvi In Patents 0 Comments

Inventor Celebrated by World's Largest Search Engine

On April 24, Google celebrated the birthday of Gideon Sundback, considered the genius behind the zippers most people use today. The search engine is commemorating the occasion with a large, interactive zipper in place of its usual logo.Inventor Gideon Sundback

In 1917 Sundback patented the "Separable Fastener".

It is important to note that Sundback did NOT invent the zipper. That honor goes to, first, Elias Howe (who patented the "Automatic, Continuous Clothing Closure") and then Whitcomb Judson who created the "Clasp Locker", the precursor to the device we use today.

However, neither device gained popularity. And that is the main reason why Sundback is getting all this attention. His improvements to the zipper made it both easy to use AND marketable. He didn't invent the thing...but he did make is so darned easy to use as to be irresistible to the buying public.

So, what did he do to popularize the zipper?

First, he increased the number of teeth per square inch. Next, he "scoop-dimbled" the teeth, strengthening the zipper. And finally he created a slider to open and close the interlocking mechanism, creating the type of zipper most of us are familiar with today.

There is a great lesson here. As an inventor you do not have to start out from scratch. If you simply improve an existing device to the point where it is "idiot-proof" and easy, then you will be the one who goes down in history.

Click on the video below to see the Google tribute in action.

Posted By John Rizvi In Patents 0 Comments

Cool Patent of the Month - Creepy Crawlies on Your Skin

Imagine if every time someone called you, your skin vibrated. Sound kind of weird? Well, that’s exactly what Nokia is planning to do with a new piece of patent pending technology called “Haptic Communication”.

What is this new patent application about?

The technology looks fairly simple. It’s just a piece of fabric that “vibrates” according to the strength of a magnetic field. What’s interesting though is that this fabric is attached to your skin. The unusual use is pairing this to a cell phone, so that you – and only you – will be able to know when it rings. I’m sure they’ve got other uses in mind. Imagine a battle zone full of soldiers equipped with multiple patches. Buzz the one on the right arm and the whole platoon heads right. Activate the one on the leg and watch as everyone hits the deck.

Silently communicating with a multitude of people at once…there are plenty of possibilities. Here is an artistic rendering of the technology.

But, now here’s where it gets really weird. Nokia apparently foresaw that it might seem awkward to have a random patch on your body, so the patent explains how this can be embedded INTO the body in tattoo form. You would just have to use a special ink that responds to the magnetic field.

Now that’s straight out of a James Bond movie. Imagine a spy inking a small birthmark like tattoo into his leg and being able to communicate via Morse Code back to his commanding officers. What if you could activate the technology simply by twitching muscles? It’s a whole new world of communication.

Posted By John Rizvi In Patents 0 Comments

Patent Success or Failure Hinges on This...

I am often asked this question:

"Should an Inventor build on his Strengths or try to overcome his Personal Weakness?"

Well, I recently had to choose between the two. Like many people with a career that involves long periods of sitting behind a desk, I struggled with my weight. I’ve never enjoyed exercise, but luckily I do not have a sweet tooth either. To tackle this problem I chose to “build on my strength.” Instead of forcing myself to workout to get back into shape, I decided to eat healthier and eat less. Since then I’ve lost over twenty pounds.Weak vs. Strong

All of my significant success has come from situations where I ignored my weaknesses and maximized my strengths. On the other hand, my greatest failures have come from times I had to rely on my weaknesses and my strengths did not factor into the equation.

Now, what’s this got to do with patents?

This concept is of the utmost importance when it comes to choosing between opportunities, products, or ideas you want to patent.

Frequently, the inventors I meet with have two, three, half a dozen ideas they want to patent. Usually, all at the same time. There’s the idea for a new toilet. A solar powered can opener. And a cell phone application. Whatever. Tons of good ideas. But, the result is always the same. When energy gets divided among multiple projects nothing gets done.

Worse, much money is spent. Not a whole lot comes back.

But see, that’s the point. That’s what this is all about, right? Inventing, protecting with a patent, and then selling your idea to the world? Turning your dream product into a profitable reality? Coming up with the next bid idea that will make you millions.

Listen, patent success hinges on this:

You must focus on the single good idea that also capitalizes on your strengths and not on your weaknesses.

Think about how some of the greatest inventors the world has ever seen used this concept to their advantage.

If you can’t build your invention, don’t worry. Invent away and partner with a machinist or engineer (Henry Ford invented many parts for his car but hired machinists to build them?) If details aren’t your thing, hire a design crew. Thomas Edison had a whole team of tinkerers, called the muckers, to test out his ideas (one team of muckers worked on the alkaline storage batter for almost a decade). And of course, if you don’t understand the legal side of patent law, hire a patent attorney to make sure you get maximum protection.

This is the way things get done…products brought to market…fortunes made…how people go from a mind full of ideas to a bank account with lots and lots of zeroes! To make sure you get from where you are now, to where you want to be, focus on your strengths!

Of course, if you find yourself in need of a patent attorney, I’m here for you. And if you want to go out on your own, I can help you out too. Just sign up for our 10 Steps to Patenting Success email series. It shows you everything you need to know about protecting your idea through a patent. You can find it at http://ideaattorneys.com/free-patent-information/free_patent_information_request.html

Posted By John Rizvi In Patents 0 Comments

Patented 120 years ago: The electric tattoo machine

If you are an inventor with tattoos, you must read this...

I just tripped upon this interesting little story about the patent behind the electric tattoo machine.

Seems this tool was based on an engraving machine invented by Thomas Edison. It just goes to show how you can take an invention that is already out there...add a little twist of your own...and come up with an entirely new patent.

Click the link for the full story:

http://reason.com/blog/2011/12/08/got-a-tattoo-say-thanks-to-the-electric

 

Posted By John Rizvi In Patents 0 Comments

The Story of the Sexy Screen Starlet Turned Patent Holder

The November 28th, 2011 edition of Newsweek magazine featured an interesting article on a rather unexpected inventor – the “most beautiful woman in the world” actress Hedy Lamarr.

The story of how she became a patent holder is an interesting one…

It start in 1931 with a Czech art film called Ecstasy. In it is a nude scene that caught the eye of ammunition manufacturer Fritz Mandl. They marry, and the young bride is soon attending dinner parties with generals and scientists who regale her with their stories of advances in missile technology.

Fast forward ten years and she’s in Hollywood hearing stories of German torpedoes downing boats in the North Atlantic during the blitz. Recalling the details of the discussions with her ex-husbands colleagues, she turns inventor to help the war effort.

The Newsweek article mentions a few of her inventions: the radio-controlled submarine missile-guidance system, the anti-aircraft shell with a proximity fuse and the fizzing cube (turns water into soda).

But the one I found most interesting is the Secret Communications System.

 

Posted By John Rizvi In Patents 0 Comments

The Story of the Sexy Screen Starlet Turned Patent Holder

The November 28th, 2011 edition of Newsweek magazine featured an interesting article on a rather unexpected inventor – the “most beautiful woman in the world” actress Hedy Lamarr.

The story of how she became a patent holder is an interesting one…

It start in 1931 with a Czech art film called Ecstasy. In it is a nude scene that caught the eye of ammunition manufacturer Fritz Mandl. They marry, and the young bride is soon attending dinner parties with generals and scientists who regale her with their stories of advances in missile technology.

Fast forward ten years and she’s in Hollywood hearing stories of German torpedoes downing boats in the North Atlantic during the blitz. Recalling the details of the discussions with her ex-husbands colleagues, she turns inventor to help the war effort.

The Newsweek article mentions a few of her inventions: the radio-controlled submarine missile-guidance system, the anti-aircraft shell with a proximity fuse and the fizzing cube (turns water into soda).

But the one I found most interesting is the Secret Communications System.

 

Posted By John Rizvi In Patents 0 Comments

Patent Question of the Month

It's no secret lawyers aren't cheap. But just how much is it to retain an attorney to draft your patent application?

Let's take a closer look...

--- Question from a Reader ----

Matt asks, "I was wondering, what is it that you do to confirm that a certain idea is not already taken? Also What are some of the fee's in hiring a Patent Attorney and how much?"

Dear Matt,

To answer your second question first - you're looking at about $3,000 to $15,000 for us to draft the patent.

If that seems like a lot, consider these two points.

First, the average hourly rate for any lawyer is $150 an hour for a recent grad and up to $500 an hour for an experienced attorney. So imagine for a second you had an attorney defend you in a court case. He'd spend a few days preparing for the case. He'd have his time in court. And of course there would be the follow up to the court case.

Let's say that's just three 8 hour days at $150 an hour. That's $1,200 a day. Or $3,600 for just three days of work.

Second, most patent applications run dozens of pages. This takes time (roughly 6-8 weeks for a full application). Why so long? Because a patent is a legal document. If it is not carefully prepared, it will not hold up in a court of law.

For example, a few years back there was a patent that was ruled invalid because of one letter in a single application. Because of this little mistake, the company lost out on potential millions of dollars in sales (you can read more about this case in my post - 3 Common Patent Application Mistakes).

Now, for your first question.

For us to find out if you idea is taken we must research it. The way we do this is fairly simple. We search existing patents that are relative to your idea using special software. Depending on the type of invention, what category it is in, and how complex it is affects how long this takes (sometimes it's like trying to find a needle in a haystack).

But it's not just a matter of time. Remember how I said patents are legal documents? Well that means they are filled with legal terminology.

For example. Normal people might call the end of a broom the, well, end of a broom. Patent Attorneys might call it the distal end (because it's the end farthest away from the body).

Why use "legalese"? Because it makes your patent stronger in a variety of ways (that's a discussion for another day).

If you have a question about patents or the patent process, send it to newideas@ideaattorneys.com. Or you can request your Inventors Patent Kit by mail and email, just click on the link ----> Free Inventors Tookit Page.

Posted By John Rizvi In Patents 0 Comments

Are prototypes necessary before you get a patent?

A prototype for your idea is an important part of building the actual product. But for the patent process, it is not necessary. In fact, there are only three things the US Patent Office requires to review your idea. And those are:
 
1. The application
2. Drawings
3. The application fee
 
That's all you need to apply for a patent.
 
And in fact, building a prototype in some cases could be a huge waste of time and money.
 
For example, a few years back an inventor came into our office with a huge lawnmower blade. What was special about this particular lawnmower blade was that it had smaller blades (about 1 inch tall) welded on both sides of the main blade. This was to help cut up the grass into smaller pieces. 
 
He had obviously spent a lot of time making this thing. All of the welds were sanded down. He had polished it to a mirror shine. The thing was beautiful.
 
It wasn't his first one. He told us the story behind it. His first prototype was a hastily welded together piece. When he installed it, it proceed to explode like a grenade after he fired up the mower (the welds were weak). Then he built another. And another. Until finally getting one to work.
 
This took a year and cost about $3,000.
 
Long story short, he hired us to do a patent search and we found out that someone had already patented the idea of a lawnmower blade with smaller blades on it.
 
Moral of the story? He wasted about a year of his life and a lot of money perfecting an idea that he could not protect.
 
Before you build a prototype, make sure it's for something that you can get exclusive rights to. You don't want to spend your time and resources on someone else's idea.
 
If you have any questions about the patenting process, call our office at 1-866-433-2288 and ask to speak to our Idea Evaluation Engineer. Or get your free information packet at http://ideaattorneys.com/free-patent-information/free_patent_information_request.html

 

Posted By John Rizvi In Patents 0 Comments

Pursuing Software Patents? Watch out for this...

In 2010 Google’s innovative Android mobile phone technology was the target of no fewer than 12 infringement suits from rivals Apple, Oracle, Microsoft and others.

Part of the problem is the culture clash between old style devotees to intellectual property rights and adherents to the newer, more collaborative environment of open source. But the bottom line is always money: Billions of dollars are at play in what can only be described as the brokerage of intellectual capital.

The focal point in the patent war is the data center, the methods by which companies collect, analyze and store the vast amounts of information they accumulate over millions of transactions.

Recognizing that information is the new currency, Google recently purchased more than 1,000 database patents from IBM for an undisclosed amount of money. In keeping with the company’s avowed commitment to open source, Google made some of that know-how public and Facebook promptly suborned it for use in their own data management technology.

The rules of engagement in the corporate food chain would dictate that Google must now come after Facebook for infringing on its patents.

Will that happen? Stay tuned.

Invention can put a company at the front of the line for the big bucks. Facebook, which launched in 2004 but became overwhelmingly popular in 2006, currently has a market valuation of $50 billion according to Goldman Sachs.

But Facebook like its fellow social media companies Twitter and LinkedIn, is vulnerable on the invention front: With only 12 patents in its portfolio, as compared to thousands in Microsoft’s portfolio, unless Facebook wants to reinvent the wheel every time it tweaks a change, any software innovation the company wants to make to its platform is likely to be challenged in court.

Fortunes Can Be Made From Software Patents

Huge fortunes are at play in the software game. Silicon Valley-based Electronic Arts (EA), the biggest developer and distributor of digital games in the United States and the Western world with 16 percent of the total market share, recently purchased Seattle-based PopCap Games for a whopping $750 million in cash and stock. Not a bad return for the three founders who as recently as a decade ago were working out of their own homes.
 

The three had founded the company initially to promote an online strip poker game they called Foxy Poker. Fortunately for Bejeweled fanatics, Foxy Poker was too risqué for the home gaming market and not quite sleazy enough for the porn market. A short time later they created the amazingly addictive game Diamond Mind which Microsoft, which licensed the game for a time, renamed Bejeweled.

Interestingly, PopCap co-founder and Chief Creative Officer Jason Kapalka admits that at least some of Bejeweled’s core mechanics were lifted from the Russian game Tetris Attacks. No lawsuits are pending on that account, however.

Fortunes Can Be Lost In the Software Game

Fortunes can also be lost in the software game. Or potential fortunes. One of the primary ways is through patent infringement lawsuits.

Sweden-based Spotify is an online music streaming service that uses a modified peer-to-peer technology to allow users to listen to literally millions of songs as well as to share these songs with friends. Its market valuation has been put at roughly one billion dollars. Since 2008, it’s attracted well over ten million avid European users, and when it recently announced plans to become available to American users, signed up 70,000 in the first week. Speculation about a possible Spotify/Facebook business development is a hotly debated topic in various financial circles.

But at the end of July 2011, Spotify was sued for intellectual property infringement by a software company called PacketVideo, the originators of a streaming music technology that was the Next Big Thing a decade ago.

Does the suit have merit?

Experts say the technology – U.S. patent 5,636,276 – is quite broad. Of course the broadness of its intellectual property claims have not mitigated Apple’s position in its war against the Android phone, the chief rival to its own proprietary iPhone.

If courts find for PacketVideo in this case, every music streaming company could find itself in their gun sights, and the fabulous riches that eluded the company’s founders a decade ago when they started the business could be theirs at last.

SOURCES

http://thenextweb.com/eu/2011/08/13/how-the-us-patent-mess-affects-european-tech-and-startups/

http://www.npr.org/blogs/money/2011/07/26/138576167/when-patents-attack

http://www.gameinformer.com/b/news/archive/2011/03/03/the-sordid-history-of-popcap-games.aspx

http://www.ibtimes.com/articles/189228/20110729/spotify-lawsuit-patent-infringement-packetvideo.htm

Posted By John Rizvi In Patents 0 Comments

Patent Riches through Licensing

Patents may grant you exclusive rights to prevent others from manufacturing, selling, and importing your idea…but that doesn’t necessarily mean the money will just fall into your lap.

To actually profit from your patent you must do one of three things…

1.       You must create and sell some aspect of the product

2.       You must sell the actual patent itself

3.       You must license the patent to someone else

What option should you decide on? That's what we are going to talk about today.

Why license your patent?

The obvious reason is to avoid the hassles of running a business (things like manufacturing, stocking inventory, and actually selling product).

The not so obvious reason is that you may not know how valuable your patent actually is until you start selling product. And the last thing you want to do is sell your patent for a fraction of its actual worth.

By licensing, you can retain ownership of the idea and allow others to sell your idea for a small fee.

The downside is that you give up some of the profits. But as you’re about to see, you don’t need 100% of the profits if you’re idea benefits a big market.

How to License Your Patent

There are a few options when it comes to licensing your patent. One gives you a big chunk of cash up front…one gives you little nibbles of each unit sold…and one gives you the best of both worlds.

Let’s take a closer look…

License Option #1: Flat Fee

Your first option is to exchange rights for cash. In this case you would negotiate for a lump sum in exchange for signing over rights to another party, generally for a limited time frame. These rights can be exclusive or non-exclusive.

For example, let’s say you research diaper usage and stumble across an article in Time magazine that says an estimated 27.4 billion disposable diapers are used each year in the US. And then you invent a diaper that costs 2 pennies less to manufacture.

All those pennies add up!

That would be an annual average savings of 54.8 billion pennies…or…$548 million dollars.

Could you see how your patent would be worth 5, 10, maybe 100 million dollar per year in licensing fees?

License Option #2: Royalties

On the other hand, wouldn’t it be nice to get a little piece of the action for every one of those diapers sold? And that’s where royalties come in. Royalties basically allow you to collect a little bit off of each sale of an item.

Going back to our diaper example. Let’s say you negotiated for 1/10th of one penny of every one of the 27.4 billion diapers sold per year. That would be worth $27.4 million every single year to you.

There is a downside to royalties though. If you sign a royalties only agreement, you run the risk of the other party “sitting” on the license…not selling anything…and not owing you a penny.

That’s why your best bet to profit from your patent is…

License Option #3: Flat Fee Plus Royalties

In this scenario you take a little bit up front and a little bit of each sale.

For our diapers example, this would mean you’d ask for a few million dollars up front. And maybe 1/20th of a penny for each one sold rather than 1/10 of a penny (still netting you $13.9 million per year, not too bad).

Do you want to know more about the ins and outs of patents? Click here to request your free inventors guide to patents.

 

Posted By John Rizvi In Patents 0 Comments

3 Common Patent Application Mistakes

Patents give you 20 years of exclusive ownership of your idea.

That means no one else can sell your idea...no one else can manufacture your idea...no one else can import your idea.  In short, nobody can profit from your idea without obtaining your permission (which you can charge for, by the way!).  And if they do, you can sue the pants off of them (sometimes getting as much as 3 times the damages as well as reimbursement of your attorney fees from them).

But that's only if the patent application is properly prepared.

Said another way, if you make a mistake on your application – even a tiny one – you can flush those twenty years of protection down the drain.

How small of a mistake can put your idea at risk?patent_revoked

Very small. 99.99% of your patent application can be squeaky clean: no errors, no omissions, nothing wrong. However, just that .01%...sometimes just ONE letter...and you are out of luck.

And that's exactly what happened that cost one company potentially millions of dollars.

The One Letter Patent Snafu

A few years back, Central Admixture Pharmacy Services (CAFC) sued Advanced Cardiac Solutions for patent infringement relating to a chemical solution used during heart surgery. 

A certificate of correction was sought on the patent and was issued by the patent office to replace all instances of the word "osmolarity" with the word "osmolality".

You might be thinking what's the big deal? So they changed the "R" in osmolaRity with a "L" so that it reads osmolaLity. The problem was changing the two words broadened the claims of the patent.

Enough so that even though the district court found the certificate of correction proper, the CAFC disagreed, resulting in massive litigation.

Seeing as average legal costs for patent litigation can easily run $10,000 or more a month, it pays to make sure a patent is written correctly the first time.

With that in mind, let's explore a few common patent application mistakes.

3 Huge Patent Application Mistakes

Patent Application Mistake #1: Not filling out the patent application in its entirety

Believe it or not, patent examiners reject applications simply because they do not contain all the necessary ingredients. If you fail to include required elements, such as talking about the background of the invention and prior art references, scope of invention and fail to include claims...your patent application may be dismissed immediately.

Patent Application Mistake #2: Being too specific in the claims

Patents are title to property. And explaining too many aspects of your invention in excruciating detail can actually shrink your intellectual property...and...reduce the profitability in the long run.

For example, imagine you have a new invention that uses a metal spring.

While you are describing your invention in the claims of the patent, you explicitly state it uses a metal spring. Now, what's stopping another inventor from copying your invention piece for piece, but instead of using a metal spring they use a plastic spring, rubber spring or even an elastic band?

Do you see how this seemingly small specific wording could invite other people to copy your idea and make small changes that would all them to get around your patent?

Patent Application Mistake #3: Being too vague

Now this may sound contradictory to mistake #2, but too many patent applications do not go into detail about how their idea works. Do not assume your idea is understood. Failing to describe the idea in detail could leave "gaps" in the patent making it invalid for not enabling the invention.  If your patent is invalidated, anyone can come in and sell similar products.

Make no mistake, applying for a patent is tricky.

Worst of all, you may not know you even made a mistake on your patent until YEARS after submitting the application...when an examiner at the patent office finally gets around to reviewing your patent application.  Sometimes the mistake is not even caught until you go to enforce your patent and find out it is worthless.

What good is finding out your brakes don't work when you are need to stop.

A qualified patent attorney can make sure this never happens to you. If you would like free information on the ins and outs of the patent application process (including how to get a patent and the fees involved) go to our free patent information request page. Include your information and we will rush you an informational packet immediately.

Posted By John Rizvi In Patents 0 Comments

Patent & Trademark Office Commissioner Robert Stoll Visits South Florida

I had the pleasure of meeting Patent Office Commissioner Robert Stolll this week in Fort Lauderdale, Florida.  Commissioner Stoll is the person in charge of the Patent & Trademark Office.  The buck definitely stops with him.  He came down for a Symposium on Intellectual Property at the Riverside Hotel on Las Olas Boulevard and gave a fascinating talk on proposed changes and improvements at the Patent Office.

 

Posted By John Rizvi In Patent Cases, News & Updates 0 Comments

Patent Wars: The Fight Over Phone Patents

Recently Newsweek created a fascinating visual detailing the ongoing patent wars between rival smart phone giants. It seems that patent infringement cases are the norm for this cutting edge technology.

For example, Motorola is being sued for patent infringement seven times, by five different companies. And has patent litigation against three companies (all of which are also suing Motorola).

Plus, as phone smart phone usage has skyrocketed over the past few years so has patent litigation. Up from 26 patent infringement cases in 2004 to 97 patent infringement cases in 2010...that's a 546% increase!

patent war

Click on the link for the whole Newsweek story – Patent Phone Fight.

Patent litigation is painful and expensive.

For details on how to get maximum protection for your idea, click here to request your free inventor patent information kit.

Posted By John Rizvi In Patents 0 Comments

Patent Your Food - A Look at Edible Patents

I received a call a few days ago from a woman who had a secret family recipe for cake. Her bridge friends said that she should get a patent on it, but she didn’t believe it was patentable.

While most patents are for mechanical designs or other inedible inventions...new food and food products definitely fall under the realm of patentability (that includes everything from creating new strains of corn or wheat…all the way down to new natural and artificial flavors).

With that in mind, let’s take a look at some of the food items people have patented over the years.

Giant Gummy Bear Patent

 

In 1994, Stefan D. Murza et al received patent number 5338245 giving them full ownership of giant gummy bear candy. The patent states this invention is “A giant gummy bear is provided which consists of a pre-molded stretchable bladder in a shape of a bear with a check valve for filling gelatin solution into the bladder.” A child’s dream, come true.

Click here to see the patent - Giant Gummy Bear Patent

Burrito on a Stick Patent

Obviously distraught with wimpy, limp burritos, Eddle L. Bernal’s idea was to “beef up” your average burrito. Patent number 4399156 is a readily portable burrito which now has “the portability…of an ice cream bar or a coated hot dog having a stick impaled in one end”. I’m still holding out for a taco on a stick.

Click here to see the patent - Burrito on a Stick Patent

Chocolate Portrait Patent

If a picture is worth a thousand words, then what is a picture made of chocolate worth? Much, much more if you ask Victor Syrmis, owner of patent number 4455320 a “Method of Making Chocolate Candy Sculpture of Photo Image”. His patent explains how to “adapt a photographic image of a person’s face…onto a transfer medium or die, and then embossing such adapted image onto chocolate candy”

Click here to see the patent - Chocolate Portrait Patent

Beer Pouring Patent

1885 marked a turning point in history when a device was invented that kept beer from turning flat, sour and unsalable! History owes a debt of gratitude to Edward A. Byrne and James P. Lenahan, who is credited with patent number 325316 the Beer Faucet…which kept outside air out of the keg. Now there’s a “real American heroes” commercial for you.

Click here to see the patent - Beer Pouring Patent

Helps You Eat Patent

This one isn’t food, but it’s probably more famous than the other patents combined. The infamous spoon fork combination known as the spork! Applauded by everyone who has ever eaten soup with big chunks of meat, this patent will surely go down in history. Now only if someone would invent the Sporkife I could get rid of all my kitchen utensils!

Click here to see the patent - Helps You Eat Patent

Do you have a food related idea you’d like to patent? If so, contact Gold and Rizvi patent attorneys at 1-866-433-2288…or visit us at any of our South Florida patent offices.

Posted By John Rizvi In Patents 0 Comments

Inventors Reap Rewards from "Cheap" Patents

Have you ever dreamed about inventing a product that raked in millions? Do you think you have to invent the next "big thing" to do so?

Not necessarily so.

There have been plenty of nickel-and-dime patented products that have gone on to make their owners millionaires. For example, a number of patents that have crossed my desk have helped their inventors live a life they only dreamed of.

An article on Yahoo finance listed 7 products under $5 that made millions.

The patents range from a failed glue that wasn't sticky enough...a straw that helped to get kids to drink their milk...a craze sweeping the nation right now...a static "pet"...a new use for a tennis ball...and a safer baseball.

Visit 7 Products Under $5 that Made Millions and see if you can't think of the next million dollar idea.

One more thing - make sure no one else steals your idea and cashes in on it. Get a patent. It's the only way to protect your idea. You can contact a patent attorney at our South Florida law firm by simply calling 1-866-Idea-Attorneys (1-866-433-2288).

Posted By John Rizvi In Patents 0 Comments

Patents vs. Non-Disclosure Agreements - What Gives You More Protection

If you think your idea is protected because you've signed non-disclosure agreement (also known as an NDA or confidentiality agreement), then you are sadly mistaken.

While an NDA gives you a limited level of protection (which in many cases can easily be bypassed), a patent offers you rock-solid, legally binding, enforceable-by-stiff-penalties PROOF of idea ownership.

But I'm getting ahead of myself. In this article you'll learn the differences between patents and NDA's, you'll see:

  • Why NDA's are only binding if there is a paper trail
  • The only time you can trust the security of an NDA
  • What legal differences exist between patents and NDA's
  • How to get patent protection for as little as $110

Let's get started.

What is a Patent

A patent is a piece of paper. Not very impressive sounding, I know. But this piece of paper could bepatent as important to you as the Declaration of Independence was to the birth of this country.

Patents represent rock-solid proof of ownership of an idea. And this is important because an idea is intangible. It's not something you can feel or touch. You can't keep an idea secure by locking it in a safe like you could a gold watch or $100,000 dollars.

Patents are fairly easy to apply for. Just go to www.uspto.gov. Fill out the patent application. And pay your $110. That's it.

Now this doesn't mean your patent will get approved, and there are many pitfalls to avoid when writing a patent...too many to list here. Let's just say you wouldn't hire any bum off the street to defend you in a murder case. You'd hire an experienced attorney. You should consider the same when getting your idea patented.

Anyway, back to our discussion. There are only two ways a court of law recognizes ownership of an idea. The Patent is one way. An NDA is another. But an NDA is nowhere near as powerful as a patent. Here's why.

Why a Patent Protects You More than an NDA

Whereas a patent is a federal document proving ownership of an idea, an NDA is simply a contract between two people. Which one do you think holds more weight a court of law? A patent, of course.

patent ndaYou should know that an NDA can provide you with a level of protection. In fact, if someone signs an NDA with you and then breaches that contract, you have all the right in the world to sue them (and you'll probably even win). However, that's where the buck stops.

An example. Let's say you have developed a new widget to manufacture. You go to Dishonest Dan, a widget manufacturer and have him sign an NDA before you reveal your big idea. After spilling the beans to Dishonest Dan he decides to cut you out of the action and manufacture your widget himself.

Bad move Dan. You have a very solid case if you sue him.

But let's say Dishonest Dan is a little smarter than that and he tells his brother, Scheming Sam about your idea. Well if Sam manufacturers your widget there is basically nothing you can do. Why? Because there is no paper trail between you and Sam. There is only a paper trail between you and Dan.

You see NDA's only recognize the signatures on the contract. Patents provide proof that you own the idea entirely. HUGE difference. Remember this...

Patents are the ONLY way to guarantee your idea is protected!

If you need help patenting an idea, then we've prepared a short package to guide you through the process. It's absolutely free for inventors who need to get their idea protected. If you'd like a free copy simply contact us at 1-866-New-Ideas (1-866-433-2288) and we'll send you one by email or snail mail. Or if you're in the South Florida area stop by our Coral Springs office at 11575 Heron Bay Blvd suite 300.

Posted By John Rizvi In Patents 0 Comments

The "Lost" Michael Jackson Patent

"You've Been Hit By, You've Been Hit By...A Smooth Criminal"
From Smooth Criminal by Michael Jackson

 Did you know Michael Jackson holds a patent for a device used in the live entertainment version of Smooth Criminal?

Here's the story...

In the 1980's, Michael Jackson revolutionized pop-entertainment. Other than the moonwalk, one of his most memorable gambits was the "anti-gravity" lean from the Smooth Criminal video. During concerts, Michael Jackson wanted to recreate this lean in front of a live audience.

If you haven't seen the stunt, click below on the youtube video to check it out. 

Patently Absurd

The problem is, it's impossible to lean that far without falling over. In the Smooth Criminal video, Michael used pulleys and cables to create the illusion of defying gravity. But with multiple dancers, the cables would be sure to tangle up in live performances.

So, Michael Jackson patented a shoe that "defied gravity". The Patent States:

"This invention relates to a method and means for creating an anti-gravity illusion effects for entertainment purposes...by means of specialized footwear and accessories...which allows the entertainer to lean forward on a stage a very acute angle relative to the stage floor to achieve the illusion of defying gravity." 

patent shoe
Michael Jackson's "Lost" Patent

The patent goes onto explain the construction of the shoes (they were more like ski boots that locked onto the ankle). How these special shoes could lock into pegs that rose up out of the floor at a specific moment. The dancers would lean. And then after disengaging, the pegs would recess back into the floor.

Who would have thought that the "King of Pop" was an inventor at heart? Whether you're a world famous entertainer or not, if you have an idea contact our Coral Springs office in South Florida at 1-866-433-2288 to discover more about the patent process.

You can read the entire patent here - Method and Means for Creating an Anti Gravity Illusion

Posted By John Rizvi In Patents 0 Comments

Which patent should you file? Patents in plain english...

Do you know why you might want to file a provisional patent instead of a non-provisional patent? Each has its advantages and disadvantages. And today you’re going to learn which one is best for your needs.

First, a little history behind the creation of the two-patent system we enjoy today.

Up until 1995, there was only one way to file a patent. You filled out the application in its entirety (hoping your invention was absolutely perfect) and then wait months or years to see if the patent office would accept your idea as useful, novel or non-obvious enough to be awarded a patent.

That all changed on June 8, 1995.

On that date the United States Patent and Trademark Office (USPTO) introduced the provisional patent, a revolutionary concept that allowed inventors to acquire patent-pending status faster…with less up-front patent attorney costs…and allowed the inventor a full year to tinker and perfect their invention before submitting it for final approval.

Before that the only way you could file was using a non-provisional patent. Here’s how that worked.

 

 

Imagine a patent containing two parts, an A and a B. The A part is the specifications (or how your invention works). And the B part is the claims (or what your invention does).

With the non-provisional patent you have to submit the A and the B part together at the same time. And that’s that.

With the introduction of the provisional patent, the USPTO allowed inventors to submit the A part first...and then allowed them a full year to submit the B part.

 

 

This new way of submitting patents gives inventors a few advantages. For example:

Quicker Filing: Since you are only submitting Part A, there is less paperwork for the patent attorney and it the application is completed sooner. This means you can file in 4-6 weeks (instead of the usual 6-8 weeks for non-provisional patents).

Lower Up-Front Fees: Because the application is broken up into two parts (Part A filed now, Part B filed a year from now), you can break the fees up into a percentage now…and the rest at the end of the year when you file Part B.

(WARNING: some unscrupulous law firms will file Part A of a provisional patent for a very low fee WITHOUT telling you about Part B. Then, they will call you a few months before your one-year deadline and say you will lose your patent rights if you do not file Part B…usually for an outrageous sum of money. BEWARE!)

Flexibility: You have one full year to make minor improvements to your design when you apply for a provisional patent. Unlike the non-provisional patent, where everything you write is set in stone.

You can still file a non-provisional patent today. But I believe the provisional patent imay be the ideal way for mom-and-pop inventors to go in certain situations.

If you would like more information on the patent process, please contact any of our South Florida offices at 1-866-Idea-Attorneys (1-866-433-2288).

Posted By John Rizvi In Patents 0 Comments

What is Patentable?

A lot of people come to my office with ideas they want patented. Some of these ideas are absurd and yet are still candidates for patents. While many other ideas seem to have huge marketplace potential, but are not possible to patent.

So what makes the difference? What kinds of ideas can be patented? And what can't.

Today, you'll learn the difference.

patent grantedPatents - “Anything under the sun made by the hand of man…”

The general rule of patents is that they must be created by man.

Here is a short list with explanations.

Mechanical devices and articles of manufacture - The dictionary defines a mechanical device as "a mechanism consisting of a device that works on mechanical principles". Pretty creative, huh? Anyways, if you can make a machine that is new and useful, you can patent it. 

Processes - A process is simply a way of doing things. If you can make a better process for doing something, you have a good candidate for a patent.

Chemical compositions - Many new drugs fall under this category. Arranging chemicals to solve problems and then patenting them is a multi-billion dollar industry.

Computer programs - Amazon.com practically cornered the market when it patented the 1-Click ordering system. Since it owns the patent, no other website can use their proprietary system without paying a royalty and obtaining permission first.

Genetic organisms - This is a neat one and still up for debate in this new era of uncoding DNA.

Improvements - Do you have to have a brand new idea to get a patent? If not, do not dispair.  The vast majority of patents are for existing ideas that are improved.  

Designs (Design Patent – surface ornamentation) - Keeping with the improvement theme, you don't actually have to make something better to get a patent. You just have to make it look different.

Asexually reproduced plants (Plant Patent) - For the botanist/inventor in you.

That's about it. Now let's take a quick look at what you can't patent.

The following are not patentable:

 

patent not available

 

Laws of nature (E=MC2)
Physical phenomena (gravity)
Abstract ideas
Inventions which are:

  • Not useful
  • Not operable (such as perpetual motion machines)
Posted By John Rizvi In Patents 0 Comments

Think your idea is silly? Check out these patents...

Today, let's take a look at some of the crazier patents from the USPTO. (As silly as some of these seem, I assure you, they have all passed successfully through the patent office doors).

User-Operated Amusement Apparatus for Kicking the User's Buttocks. Patent No. 6,293,874. (2001)

 

 

Improvement in Fire Escapes (Short Range Parachute). Patent No. 221,855 (1879)

 

 

Wiper Mechanism to Keep Eyeglasses clean of rain, steam or the like. Patent No. 2,888,703 (1959)

 

 

Method of Preserving the Dead (for display). Patent No. 748,284 (1903)

 

 

Apparatus for Walking on the Water. Patent No. 22457 (1858)

 

 

Do you have an idea for a silly (or hopefully very useful) patent? If so, call our Coral Springs, Florida patent attorney office toll-free hotline number at 1-866-Idea-Attorneys (that's 1-866-433-2288)

Posted By John Rizvi In Patents 0 Comments

How to Make Money After You Get a Patent

So you've got a patent. Now what?

A new book solves this very problem. The Other Side of Innovation from Vijay Govindarajan and Chris Trimble show how companies turn patents into products into profits.

Here's what The Economist has to say:

"Hardly a week passes without someone publishing a book on the subject. Most are rubbish. But ‘The Other Side of Innovation: Solving the Execution Challenge’ is rather good … In their new book [the authors] address two subjects that are usually given short shrift: established companies rather than start-ups and the implementation of new ideas rather than their generation.”

Click on the link to buy it on Amazon - The Other Side of Innovation

Posted By John Rizvi In Patents 0 Comments

Resource for Super High Tech Patents

If you are interested in state-of-the-art patents, then there is a little known magazine that you need to check out.

Each month this magazine is filled with literally hundreds of new patents. Thumbing through the last issue I came across interesting breakthroughs like:

  • A new aluminum solar collector with impressive efficiency
  • A new type of glass that changes volume
  • An aircraft flap that reduces noise
  • Magnetic sensors that work within conductive containers (which usually interfere with normal sensors)
  • And a flexible seal that works in the high pressure, high flux environments of aerospace vehicles

And tons of other new patents that only a technology geek would love! (By the way, before I was a patent attorney I was an engineer...so I love this stuff.)

There is even a section in this magazine which could help you find a buyer for your invention before you work on it!

So what is this resource that everyone who is interested in cutting edge technology should read?

The magazine I'm talking about is...

150

 (By the way, if you ever visit Florida, you should visit Kennedy Space Center - the home of NASA. It's simply awe inspiring to stand next to the massive Saturn V rocket that powered man's first step on the moon).

It comes out once every month and it highlights all of the new patents from NASA and its subcontractors. In it you'll find:

  • Electronics and Computer Patents which spotlights design innovations in electronic components, semiconductors and integrated circuits (ICs), board-level electronics, power electronics, and computer hardware.
  • Mechanics and Machinery Patents focusing on new engineering materials, coatings, and materials processing techniques, related primarily to ceramics, composites, plastics, and ferrous and non-ferrous metals.
  • Information Sciences Patents highlighting new computer software architectures, algorithms, mathematical models, and simulation and analysis tools.
  • Materials Patents reveals new engineering materials, coatings, and materials processing techniques, related primarily to ceramics, composites, plastics, and ferrous and non-ferrous metals
  • Software Patents and the new programs engineers can use in analyzing, modeling, designing, prototyping, and testing products.
  • Manufacturing and Prototyping Patents shows the advances in manufacturing and fabrication processes, rapid prototyping, and digital prototyping.
  • Green Design Briefs Patents featuring engineering innovations for a sustainable future.
  • Physical Sciences Patents spans the fields of earth science, chemistry, and physics, focusing on advances in sensing, test, and measurement.
  • Bio-Medical Patents sticks to bio-medical technologies and product design ideas.
  • Test and Measurement Patents previews new test instruments for use by engineers in aerospace, communications, electronics, automotive, and other applications.

There are also other features you can access on their website like webcasts that discuss breaking patent news...videos with in-depth explanations of how new patents work...and tech exchange that link inventors and businessman for mutual profit.

The best news is subscriptions are absolutely free. If you would like more information on this magazine visit NASA Tech Briefs.

Posted By John Rizvi In Patents 0 Comments

Top 5 Patents from TIME's 50 Best Inventions of the Year

The November 22 issue of TIME magazine contained an article any future patent holder would love. The 50 Best Inventions of the Year showcased everything from flying cars to mosquito killing lasers. While there is not enough space here to describe all 50, here's a look at my top 5 picks from the TIME Top 50.

Patent #5: Around The World In An Hour

In an effort to fight isolated conflicts, the U.S. Prompt Global Strike initiative developed the X-51A WaveRider to attack any spot around the globe within an hour. The hypersonic missile can travel 600 miles in just 10 minutes! The most interesting feature is the missiles nose, which is designed to take advantage of the train of sonic waves it creates by making them break at the optimal angle. Take that Al-Qaeda!

Patent #4: I Compute BS

The Hebrew University of Jerusalem has developed software that can detect sarcasm. The new software is designed to spot sarcastic sentences in product reviews. How well does it work? A test involving 66,000 Amazon reviews found the software worked 77% of the time in detecting sarcastic posts. I guess there's no use in writing a snide comment on a blog ever again.

Patent #3: Iphone Credit Card Jack

If you have an iphone you now have the ability to accept credit cards. Square – a payment platform developed by Twitter co-founder Jack Dorsey – is a tiny magnetic card reader that attaches to a smart phone. Sign on the screen and Square sends a copy straight to e-mail. Finally, no more excuses when your buddy owes you a fiver.

Patent #2: Beef: It's what Trains Run On

The Amtrak train the "Heartland Flyer" runs on 20% biodiesel made from rendered cattle fat. The biodiesel reduces air pollution because it runs cleaner than carbon-heavy diesel fuel and regular plant biodiesel. Do we change the term horsepower to 'cowpower' now?

 Patent #1: The Lifeguard Robot

Definitely stealing the #1 spot for the "smack your head I should have thought of that" patent of the year goes to EMILY, or the Emergency Integrated Lifesaving Lanyard. This remote control buoy is powered by a tiny electric pump and is capable of speeds of up to 24 mph to save drowning victims. Let's hope it doesn't completely replace those bikini clad lifeguards.

 Do you have an idea that may be in next year's issue of The 50 Best Inventions of the year? You do? Then contact our office toll-free at 1-866-Idea-Attorneys...or...if you live in South Florida, swing by our Coral Springs office located at 11575 Heron Bay Blvd. Suite 309 Coral Springs, FL 33076

Posted By John Rizvi In Patents 0 Comments

New Apple Patent Suggests Carbon Fiber iPad

Based on a new patent application published by the U.S. Patent and Trademark Office, Apple has been playing around with the idea of using carbon fiber for a little extra strength protection for their mobile devices.

For full story and drawings click on the link...Carbon Fiber Patent

Posted By John Rizvi In Patents 0 Comments

Master of Patents Success Story

Just stumbled on a story you future patent holders may be interested in...

Medtronic's Michael R.S. Hill just hit the impressive feat of 50 patents in 18 years.

Hill's patent work has focused on improving implantable cardiac devices for patients with irregular heart rhythms and creating new solutions that combine cardiovascular and neuromodulation (zapping the brain or nervous system) technologies. 

To read the full story click on the link...Master of Patents

Posted By John Rizvi In Patents 0 Comments

Shortcuts for Patent Searches

Before you waste lots of time tinkering on your new invention (or spend thousands on a patent application), you might want to invest a little time researching if someone else has already received a patent on your idea.

Why?patent search

First, you can't get a patent if someone else already has one. And second, you can't monetize it (why bother inventing something you can't patent and get paid for?)

The easiest way to discover if there is a patent on your idea is to hire a patent attorney. This will run you at least $1,500 for a reputable patent attorney (much less and it's probably a scam). However, you don't have to rush to have a patent attorney do the search right away if you're more of a "do-it-yourselfer".

Here are a few tips that will save you time and money if you elect to research prior patents on your own.

Types of Patent Searches

The first thing you need to know is that there are lots of different types of patent searches. But you only need to be concerned with the "Novelty Search". This is a type of patent search that determines if anyone has previously invented anything similar or identical to your idea.

Don't worry about "validity searches"..."infringement searches"...or..."state of the art" searches.

Where to Conduct Free Patent Searches

Your best place to start a patent search is, well, at the Patent Office.  The United States Patent & Trademark Office maintains an online database.  Click below for a link to the site:  

United States Patent and Trademark Office Search Engine

The online searches on the United States Patent Office database are great because, well, they're free. But there is one big downside. And that is volume. Each patent search is different, and if you are not experienced at searching you could easily waste a few hours to a few days digging through thousands of search results.

That brings us to the second method of searching if your idea can get a patent...paid search engines.

Paid Patent Searches Online

Paid patent searches give you one big advantage over free patent searches...they allow you to quickly scan all of a patent's relevant information in one data-intensive document. Generally, theses sites draw from a more complete collection of patent resources.

With these you generally get:

  • Patent title and number
  • Inventor name
  • Patent abstract
  • Legal status actions
  • Business profile of assignee
  • Links to patents by same assignee
  • Other references including links to prior art
  • Drawing descriptions

The paid patent search options also help you determine if your idea is patentable by:

  1. Speeding up the patent search process by giving you thumb-nailed versions of each drawing (quicker than looking at the big pictures)
  2. Showing you more detailed patent drawings with more extensive zoom and search features
  3. Providing bulk downloading of patents for your personal files
  4. Giving you customized patent reports (complete with analysis and visualization tools) that provies insight into patent information that might go unobserved in a manual review of documents.

Obviously software like this is not cheap. But it saves massive amounts of time and money when you do lots of patent searches. One of the many paid databases and patent search software systems that Gold & Rizvi, P.A. uses at our Coral Springs, Florida office is at www.delphion.com.

Financial Risk of the "Do It Yourself" Patent Search

patent diceNow here's the big downside to both of these approaches. Doing your own patent search is a roll of the dice. If you fail to do a thorough job on your patent search – and then your patent application is denied – you have just wasted thousands of dollars!

If you do your own search, however, and find that your invention is already out there and patented by someone else, you will have saved some attorney fees which can be put to better use on your next idea...perhaps even for a patent search by a patent law firm where you've tried the search yourself but not come with any results. 

Think of a comprehensive search by a patent lawyer as cheap insurance before you invest big bucks in filing for a patent application.

Posted By John Rizvi In Patent Searches , Patents 0 Comments

Amazon's "One Click Case" changes Patent Law

A Canadian federal judge says business methods can be patented in the same way as any other invention. For Canadian IP lawyers, the decision is significant because it clears up confusion about whether or not  "business methods" can be patented in Canada.

Click on the link for the full story on this patent law change

Posted By John Rizvi In Patents 0 Comments

Patents Expired? You could be sued...

A quick head's up to anyone who sells a patented product.

The law allows anyone to sue a business that falsely marks a product patent pending or patented.  Any can also sue a business that keeps a patent number on a product too long.  The incentive for the person bringing the lawsuit is that get to keep up to 50% of the penalties for themselves.

As a Fort Lauderdale Patent Attorney, I have been approached in the past by clients whose patents are expiring and there are a number of important things to keep in mind. 

If interested in learning more, here's the full story - Expired Patent Products

If you have a patented product, call or visit a patent attorney immediately to see if you are at risk. You can visit any of our Florida offices (located in Jacksonville, Ft. Lauderdale, Coral Springs, Tampa, Orlando, Boynton Beach, Boca Raton, Coral Gables or Jupiter).

 

Posted By John Rizvi In Patents 0 Comments

Has your idea already been patented? 5 Ways to Find Out

Excited by a new idea, a young kid in my neighborhood ran up to me last night. He was playing with a bouncy ball, but kept losing it in the dark. Remembering some glow-in-the-dark stickers in his room, he figured a glow-in-the-dark bouncy ball would be a great idea too.

I rewarded him for his creativity…told him it was a great idea…and gently let him know someone else had already thought of it.

Save Time and Money Before You PatentPatented Bouncy Ball

Before you invest tons of time or money developing your big idea (or unnecessarily paying a patent attorney), you should spend a little time finding out if the idea has already been patented.

The good news is preliminary patent searches aren't difficult. And it could even make your idea better or more profitable.

Here are the 5 ways inventors can find out if there is a patent on their idea.

Patent Pre-Search Idea #1: Stores

If you idea for a product is sitting on the shelves you probably can't get a patent on it. This seems obvious, but many inventors have wasted a pretty penny developing their idea only to find out it was on sale at Walmart for 99 cents.

But just because your idea isn't in a store doesn't mean it hasn't been patented. Many inventors have made millions bypassing traditional retail stores and selling through this next avenue…

Patent Pre-Search Idea #2: Direct Sales Companies

Ron Popeil made millions selling his inventions through infomercials. While his Showtime Rotisserie (with the tagline "Just set it and forget it!") sells in stores now, for years it was only available by calling a 1-800 number.

Direct sales companies bypass the middlemen and sell direct to consumers. There are many ways to do this (some include direct TV, door-to-door, telemarketing and direct mail) and if your idea is already patented by a company using direct sales, it may be selling like hotcakes even though it's never been in a retail store.

Patent Pre-Search Idea #3: Industry Publications

I'm looking at a magazine right now called Tech Briefs. It highlights engineering solutions for design and manufacturing. In the back there are no less than 6 pages devoted to new products for the design and manufacturing field.

There are trade journals like this in EVERY industry. And they are a great place to start researching your idea (and possibly finding companies to partner with if your idea is granted a patent).

Patent Pre-Search Idea #4: U.S. Patent and Trademark Depository LibrariesPatent library

Patent depository libraries are an excellent resource for patent research. The US Patent & Trademark Office runs about 80 of these throughout the US (there are four in my home state of Florida alone, one in Miami close to my Coral Springs office). These libraries are filed with extensive collections and have qualified department staff eager to help you.

Patent Pre-Search Idea #5: Internet

Fast, convenient and free, the internet is a great place to start your patent search. And it is an excellent way to increase your general knowledge of the field of your invention. However, it is nowhere near being comprehensive (and may not even be that reliable).

Here are two good websites for you to start your online patent search.

  • www.patents.ibm.com – this was one of the first online search databases for patents. An
  • www.USPTO.gov, the official website of the US Patent & Trademark office.

With that being said, if you decide to patent your idea then you should still hire a patent attorney. The patent attorney will do a thorough search (either in the Public Search Room at the U.S. Patent and Trademark office of through expensive specialized patent commercial databases).

If you need patent help call my Fort Lauderdale Patent office toll free at 1-866-433-2288.

Posted By John Rizvi In Patents 0 Comments

Are you Screwed If Someone Patents Your Invention Before You Do?

On a hot South Florida summer night, two years ago, two inventors worked busily in their garages refining their inventions. They were very much alike, these two inventors. Both were hard-working. Both had great ideas that could benefit mankind. And both stood to profit wildly from their inventions.

Recently, these two men visited a Fort Lauderdale Patent Attorney to file a patent and protect their ideas.intellectual property protection

They were still very much alike. Both had invested their life-savings in their idea. Both had perfected their designs. And both had a finished product that would sell like hotcakes on the open market.

But there was a problem. For both men, patents for products just like theirs had already been applied for. While one inventor had to walk away, the other inventor took specific steps that allowed him to win the patent, even though he wasn't the first to apply for the patent.

Protecting Your Idea: What Made The Difference

Did you know that you can be granted a patent for an idea even if someone else applied for a patent for the same idea before you?

It's true because the U.S. is known as a first to invent country, NOT a first to patent country. This means if your patent attorney can prove you came up with the idea first, then you have a good chance at gaining exclusive rights to your idea even if you were late to file the patent application.

How to Help Your Patent Attorney

As an inventor, there are a few specific steps you can take to help your patent attorney prove the idea is rightfully yours.

  • Intellectual Property Protection Step #1: Keep an inventors notebook. An inventorsnotebook for patents notebook is simply a place for you to log progress from mental idea to physical invention. Inventor logbooks sell for hundreds of dollars. But, yours does not have to be fancy. The only requirements is that the pages are permanently bound (meaning you can't easily add loose pages).
  • Intellectual Property Protection Step #2: Keep detailed notes: As you come up with new processes, systems or tools brining your invention to life, make sure to write down everything
  • Intellectual Property Protection Step #3: Verify your notes: Having an expert or notary periodically sign your notebook gives you powerful proof of the timeline of your idea. If you can show how your idea progressed before anyone else, you'll have a strong argument that you deserve the patent.

The absolute best way to secure legal rights to your idea is to file your patent application first.  In the case that this does not happen, your notebook just may be enough to help you if someone else beats you in the race to the Patent Office.  

Posted By John Rizvi In Invention & Patent Basics , Choosing a Patent Attorney in Florida , Inventor's Notebook , Patenting Misconceptions , Patents 0 Comments

Impossible to Patent: How to Spot a Time and Money Wasting Idea

As a registered patent attorney in Coral Springs (in South Florida), I've helped many inventors turn ideas into fortunes. Their years of investing – both time and money – finally pay off big time.

However, for each successful inventor that is making money from their ideas, there are dozens of examples of people who have worked hard and have nothing to show for it.

What separates the winners from those who toil in obscurity?

Bad ideas. More specifically, ideas and inventions that are ineligible for patent protection.   I don't want you to waste time and money on an idea you can't profit from, so let's take a closer look at the initial criteria required for a patent.

How to Pass the Patent Gatekeeper

Just because you fall in love with an idea doesn't mean it will make you rich. There are certain requirements the patent examiner runs your patent application through to determine if you are eligible for a patent.

If you ignore these requirements, you will waste countless hours and money on an idea that can NOT get patented.

With that in mind, make sure your idea follows the patent application to the letter. And to do this you must follow what I call "The 3-Part Patent Process"

The 3 Part Patent Test

There are three very specific qualifications you must pass for the patent examiner to approve your patent application.

1. Your idea must be USEFUL to receive a patent. The first thing a patent examiner will look for in your patent is how useful it is. The general rule here is if your idea should help a specific group of people save time or money.

For example: a dishwasher that cuts washing time in half is useful. A dishwasher that uses twice as much water is not useful.

2. Your idea must be NOVEL to receive a patent. Next, patent examiners determine if your idea is unqiue or novel. This is why a patent attorney does a comparative analysis to find out the differences between his client’s invention and the inventions of other people.

For example: A dishwasher that uses ultraviolet light or sound waves is novel or unique.  A dishwasher that washes with soap and water is not unique.

3. Your idea must be NON-OBVIOUS to receive a patent. Finally, patent examiners determine if your idea is non-obvious for the application it was designed for. This is where diagrams, illustrations and other paperwork the patent attorney creates comes in handy.

three part patentFor example: A dishwasher that cleans dishes using known systems is obvious. A dishwasher that claims to improve the air quality of the inside living areas of a building is not.  

There are many other jobs of the patent attorney – like reviewing similar patents and negotiating with the patent office examiner  - but your invention will never get to that stage (and you will never be able to cash in on your idea) if you don't follow the useful, novel, and non-obvious methodology.

Posted By John Rizvi In Invention & Patent Basics , Patents 0 Comments

Copyright vs. Patent Protection for Inventors

Inventors, did you know some of your work is automatically protected upon creation? And that other work requires specific documentation to make sure nobody steals your intellectual property?

This commonly overlooked yet major detail is the difference between copyright and patent law.  As a Fort Lauderdale Patent Attorney, I am often asked by inventors to explain the differences between the two avenues of protection.   Understanding the subtle differences is the key to making sure only you profit from your hard work.

Here are the details…

Copyright Law

A Copyright is a set of exclusive rights granted to the creator of an original work (gecopyrightnerally written, artistic, or intellectually produced material) including the right to copy, distribute and adapt the work.

Examples of copyright material are maps, books, paintings, photographs, music, movies and software.

To "copyright" material, you must simply place the copyright icon in front of a copyright statement and is adequate protection for copyright laws. You do not have to register copyrighted material with the U.S. Copyright Office. However, there are a number of very important advantages to registration and it is highly recommended that registration be obtained.

Patent Law

A Patent is a set of exclusive rights – such as the right to prevent others from making, using, selling, or distributing the invention without permission – granted by a governing body for a limited period of time.

Patent LawWhereas copyrights apply to intellectual property, patents generally cover physical inventions. Because of this, patent laws require you to show the patent office how your invention is new, non-obvious and useful.

There are multiple ways to do this (and they vary from country to country, check with a local patent attorney), but almost every patent application includes…

  • Who the inventor is
  • Claims to what the invention does
  • Drawings of the invention
  • Specifications (how it works, how you invented it, etc.)

Do you need a copyright or a patent?

The answer to that question depends on what you plan to do with your invention. You can…

Sell or lease your patent to an existing company – The plus side to this approach is that you can avoid the hassles of running a business and simply cash in on your ideas.

…or…

Build a business around your patent and keep the lion's share of profits to yourself. If you decide to go down this route, make sure you take the proper steps to copyright all of the marketing materials required to sell your product to the public.

A patent will protect your invention. The copyright will protect your promotional materials, advertising, logos and even the musical jingles required to sell your invention to the public.

Posted By John Rizvi In Copyright Law , Patents 0 Comments

New Jacksonville Patent Office

Florida Patents Attorneys Gold & Rizvi, P.A. announce the opening of a new office in Jacksonville, Florida, serving residents or Jacksonville and surrounding areas with their Intellectual Property legal needs, including patents, trademarks and copyright assistance.

Jacksonville Patent Office Location:

841 Prudential Drive
12th Floor
Jacksonville, Florida 32207
904-351-6919

Posted By John Rizvi In Patents 0 Comments

Join me at the Florida International Medical Exposition

Join me at the Florida International Medical Exposition

 As a Fort Lauderdale Patent Attorney, I have been fortunate enough to have attended all of the past several FIME medical expositions.   

If you are a medical or dental device innovator, this is one tradeshow you DO NOT want to miss.  It will take place from August 11 - 13, 2010, at the Miami Beach Convention Center.  With over 20,000 professionals from the industry in attendance, you will be in very good company.

 If you do attend, please join me at 2:00 p.m. on Thursday, August 12, 2010, at the Florida International Medical Exposition where I will deliver a presentation entitled:

                       Preservation of Legal Rights in Medical Innovations

Thursday, August 12, 2010, 2:00 p.m.

Miami Beach Convention Center

 

 

 

Knock-offs, price protection and patent filing requirements are just a few of the many topics I will cover.  I will also share with you many low cost initiatives that your company can employ in-house to secure legal rights to your innovative ideas. 

 

More information about FIME 2009 is available at www.fimeshow.com with a full schedule of seminars and educational presentations at www.edufime.com.

 

Posted By John Rizvi In Patent Cases, News & Updates 0 Comments

I Heard it from the Horses Mouth - Attorney Michael Jakes Speaks on the Bilski Case Regarding Patentability of Business Methods and Processes

Awaiting my red-eye flight back home to Fort Lauderdale, Florida, after attending a patenting symposium in San Francisco.  I feel privileged to have had an opportunity to hear attorney Michael Jakes and his take on the Bilski case before the Supreme Court on the patentability of business methods.  For the non-patent attorneys out there, the Supreme Court recently heard oral arguments on the patentability of business methods and processes and Michael Jakes is the attorney that filed the brief seeking certiori and argued before the Supreme Court on behalf of Bilski.

A summary of the procedural history and background of the Bilski case is available on Wikipedia and you can link to it from here.

Posted By John Rizvi In Advanced Patent Issues 0 Comments

Patent Claiming, Like Football, is a Game of Inches

In the movie Any Given Sunday, Al Pacino played a football coach tony D'Amato in a wonderful locker-room motivational speech telling his players to keep playing even when everything seems stacked against them and fight for every inch.  Watch the short 3-4 minute video below first and then lets look into how this is relevant to drafting the claims of a patent.

 

 

 

"An inch can mean the difference between victory and defeat", he said, and if you want to win in football or in life, you have to give it all you have for those inches. 

The Claims of a Patent Represent Intellectual Real Estate

Like a deed in real estate, a patents claims stake out the scope of property protected by a patent.  Claim an invention too broadly and your patent is likely to be rejected.  Draft claims that are too narrow and you are leaving money on the table.  Precision is important but so is aggressive prosection.  A good patent attorney will FIGHT for the absolute broadest protection possible for his clients. 

As aptly stated above in the quote from Al Pacino playing Coach Tony D'Amato, "an inch can mean the difference between victory and defeat".

 

Posted By John Rizvi In Invention & Patent Basics 0 Comments

Join me at the Florida International Medical Exposition

 As a Fort Lauderdale Patent Attorney, I have been fortunate enough to have attended all of the past several FIME medical expositions.   

If you are a medical or dental device innovator, this is one tradeshow you DO NOT want to miss.  It will take place from August 12 - 15, 2009, at the Miami Beach Convention Center.  With over 20,000 professionals from the industry in attendance, you will be in very good company.

 

If you do attend, please join me on Thursday, August 13, 2009, at the Florida International Medical Exposition where I will deliver a presentation entitled:

   

                    Preservation of Legal Rights in Medical Innovations

Thursday, August 13, 2009, 1:00 p.m. to 2:00 p.m.

Miami Beach Convention Center

 

 

More information about FIME 2009 is available at www.fimeshow.com with a full schedule of seminars and educational presentations at www.edufime.com.

 

 

Posted By John Rizvi In Florida Patent Attorney Focused News & Updates 0 Comments

Miramar, Florida Patent Holder Sues Petco for Patent Infringement

 

As a Fort Lauderdale Patent Attorney, I closely follow patent litigation trends and news stories that are relevant to readers of this blog.  In this regard, a recent patent lawsuit brought against Petco by Applica Consumer Products, Inc. of Miramar, Florida is of interest.

The Miramar Florida Patentee alleges that Petco Stores import and sell various pet productts under the brand names "ScoopFree" and "SmartScoop" that infringe their rights to a patented automatic self-cleaning cat litter box that they sell under the Littermaid mark.  For more information on this recently filed case, go here.

 

Posted By John Rizvi In Florida Patent Attorney Focused News & Updates 0 Comments

Michael Jackson - Singer, Entertainer & Patent Holder

Singer? Check

Entertainer? Check

Patent Holder? --Huh? 

Yes, few people realize that Michael Jackson helped invent special shoes that worked in conjunction with a support hidden in the stage that allowed the dancers in the "Smooth Criminal" music video to lean forward at an angle otherwise impossible without the patented device.

Michael Jackson's patent, U.S. Patent No. 5,255,452, was issued on June 29, 1992.

 

Posted By John Rizvi In Patent Cases, News & Updates 0 Comments

Orlando Patents from Inventors in Central Florida

Orlando patents issued to inventors in Central Florida were listed in yesterday's Orlando Sentinel  and are presented below:

Delwood Nelson, Crescent City; Thomas R. Dean, DeLand; David A. Monk, DeLand; and William Bartow Mercer, Crescent City. A tree securing device and associated methods. Assigned to Pierson Supply Company Inc., Pierson. (7,533,489)

Michael Twerdochlib, Oviedo. A high bandwidth fiber optic vibration sensor. Assigned to Siemens Energy Inc., Orlando. (7,533,572)

Stefan Mazzola, Sanford; Douglas A. Keller, Oviedo; Anthony L. Schiavo, Oviedo; and David C. Radonovich, Winter Park. A multilayer ring seal. Assigned to Siemens Energy Inc., Orlando. (7,534,086 )

Beverly A. Rzigalinski, Winter Springs; Sudipta Seal, Oviedo; David Bailey, Palm Bay; and Swanand Patil, Orlando. Cerium oxide nanoparticles and use in enhancing cell survivability. Assigned to University of Central Florida Research Foundation Inc., Orlando. (7,534,453)

Gernot Fattinger, Ocoee; Klaus Diefenbeck, Germany; Peter Mueller, Germany; and Winfried Nessler, Germany. A piezoelectric resonator structure and method for manufacturing a coupled resonator device. Assigned to Avago Technologies Wireless IP, Pte. Ltd., Singapore. (7,535,324)

Gerard A. Barone, Orlando. A method and apparatus to detect event signatures. Assigned to L-3 Communications Security and Detection Systems Inc., Woburn, Mass. (7,535,355)

John W. Lerch, Indialantic; Joshua M. Girvin, Indialantic; and John P. Norair, Indialantic. An identification band using a conductive fastening for enhanced security and functionality. Assigned to Bartronics America Inc., Santa Clara, Calif. (7,535,356)

Walter A. Kuhn, Orlando. Apparatus and methods for detection of multiple targets within radar resolution cell. Assigned to Lockheed Martin Corp., Bethesda, Md. (7,535,408)

Jeffery A. Dean, Clermont; and William S. McKinley, Clermont. Universal antenna polarization selectivity via variable dielectric control. Assigned to Lockheed Martin Corp., Bethesda, Md. (7,535,432).

Fro the complete article, visit the Orlando Sentinel article entitled Patents in Central Florida.

Posted By John Rizvi In Patent Cases, News & Updates 1 Comments

Fort Lauderdale Patent Attorney John Rizvi Selected to Join Florida Bar's Inaugural Class of Board Certified Intellectual Property Lawyers

 

 Ft. Lauderdale Patent Attorney John Rizvi was selected to join the inaugural class of Florida Board Certified Patent Attorneys approved by the Florida Bar. The Florida Bar is the first state bar in the country to certify attorneys for their expertise in intellectual property law. Board certification evaluates attorneys' special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice. John Rizvi was approved as a Fort Lauderdale Patent Attorney for his expertise in the area of patent prosecution. John Rizvi co-founded Gold & Rizvi, P.A., The Idea Attorneys®, South Florida patent attorneys with offices in the Dade, Broward, and Palm Beach County, and satellite office locations in Tampa and Orlando

"Board certification is a valuable credential that is becoming a significant trend in the legal profession," said Florida Bar President Francisco Angones. "Specialization recognizes lawyers' expertise and professionalism, and is a natural progression for lawyers who can demonstrate high skill levels in particular areas of law."

Certified attorneys are the only Florida lawyers allowed to identify or advertise themselves as specialists or experts. Certification is the highest level of evaluation by The Florida Bar of the competency and experience of attorneys in areas of law approved for certification by the Supreme Court of Florida.

Florida currently offers 22 specialty areas of practice for which board certification is available – the greatest number of state-approved certification areas in the nation.

Intellectual property lawyers practice primarily in the areas of patent application prosecution, patent infringement litigation, trademark law and copyright law. Attorney James A. Gale of Feldman Gale P.A. in Miami chairs The Florida Bar's intellectual property certification committee.

"There are a host of new problems out there for companies and individuals trying to protect customer lists, proprietary data, Web site content, trademarks and slogans because of the complexity of this area of law," said Gale. "As the practice area has grown, so has the public's need to identify legal experts in the field."

Background. The Florida Supreme Court in July 2006 amended Florida Bar rules to add intellectual property law to the existing certification program. The opinion states that standards "identify those lawyers who practice intellectual property law and have the special knowledge, skills, and proficiency, as well as the character, ethics, and reputation for professionalism, to be properly identified to the public as certified intellectual property lawyers."

Minimum requirements for intellectual property law board certification include:
- At least five years of law practice immediately preceding application. Practicing patent application prosecution before the U.S. Patent and Trademark Office qualifies if the lawyer is a registered patent attorney or registered patent agent.
- At least 30 percent of practice in matters related to intellectual property law during the three years immediately preceding application.
- Experience requirements during the five years immediately preceding application for at least one of the following categories: patent application prosecution, patent infringement litigation, trademark law and copyright law.
- Satisfactory peer review assessment of competence in the intellectual property law field as well as character, ethics and professionalism in the practice of law.
- At least 45 hours of continuing legal education within the three years preceding application; and
- Passage of a written examination demonstrating knowledge, skills and proficiency in the field.

Board certification is valid for five years, during which time the attorney must continue to practice law and attend Florida Bar-approved continuing legal education courses. To be recertified, requirements similar to those for initial certification must be met. Not all qualified lawyers are certified, but those who are board certified have taken the extra step to have their competence and experience recognized.

Intellectual property board certification standards are available on The Florida Bar Web site at www.FloridaBar.org/certification . More information on the 22 legal specialty areas also is available by contacting The Florida Bar's Legal Specialization & Education Department at 850/561-5842.

Posted By John Rizvi In Choosing a Patent Attorney in Florida 0 Comments

John Rizvi Presenting "Patenting Pitfalls" to General Practice Attorneys

On October 16th, 2009 South Florida patent attorney, John Rizvi, will be giving a presentation entitled “Patent Pitfalls for the General Practitioner” at the 2009 Broward County Bench-Bar Convention held at the Broward County Convention Center in Ft. Lauderdale, Florida. Although many inventors do approach Florida patent attorneys for legal assistance, others initially go to one of Florida’s many excellent general practitice lawyers for preliminary assistance. Even if these general practitioners ultimately refer the matter to a patent attorney, John believes there is still a need for such non-specialists to be aware of certain statutory deadlines and other pitfalls of practice in the specialized area of patent law.

The Broward County Bench-Bar Association has been working diligently to ensure that this year’s convention surpasses even the great successes of previous years. The convention is designed for all attorneys, regardless of their field of practice. There will be a total of 114 different seminars and breakout sessions covering a wide variety of legal subjects. The theme for 2009 convention is “Practicing Law in the 21st Century.” The Bench-Bar Convention is intended to give judges and lawyers an opportunity to discuss 21st century technology and the problems facing the legal system today. Featured speakers include Bar president Jesse Diner and Bar Foundation president Adele Stone.

 

Two dozen exhibitors will also be displaying their products and services, and will be available in the conference area from 7:30 AM until the convention ends at 6:30 PM.

 

John Rizvi is a founding partner of Gold and Rizvi, P.A. In addition to practicing patent law in Florida for almost a decade, John spent several years as a patent attorney at the internationally renowned intellectual property law firm of Fish & Neave in New York City. With over 200 intellectual property attorneys, Fish & Neave (now merged with Ropes & Gray) is recognized as one of the top patent firms in the world and was retained by Thomas Edison, Henry Ford, the Wright Brothers, and Alexander Graham Bell when they desired protection for their ideas. John has written a number of articles on intellectual property and regularly cited in patenting journals and legal newspapers on the subject. 

 

He regularly speaks to authors, inventors, and business groups as a Miami patent attorney and is knowledgeable in implementing international patenting strategy.  

John is AV Rated by the Martindale-Hubbell Law Directory, the highest rating possible, and focuses his practice on the preparation and prosecution of U.S. and international patent and trademark applications, patent and trademark validity and infringement opinions, licensing, transactional support, and all aspects of intellectual property litigation.

Posted By John Rizvi In Invention & Patent Basics , Florida Patent Attorney Focused News & Updates , Patent Cases, News & Updates , Patent Cases, News & Updates 0 Comments

Florida Patent Attorney Sees Green Opportunities

    As a Florida Patent Attorney concerned with keeping the innovation pipeline full and flowing, I've often pointed out patenting opportunities when evidenced by the social, cultural, and other macro trends around us. I don't think it will surprise anyone, then, that I'm today urging Florida innovators to consider the strong opportunity for fuel-less alternatives.

    The most obvious, of course, is in the automotive industry, with fuel costs raising prices for all of us--in expected and unexpected places. (This is one Florida patent attorney who thinks twice in the aisles of the grocery store.) Among a slew of news stories centered around this topic, the 13 Central Florida news team, in their online edition, points out rising consumer interest in electric cars or, for a few, converting their current car to electric ones. Electric cars are one option--which comes with its own set of limitations and complications--among a few other alternatives. Innovators within and without the automotive industry are wracking their brains to come up with effective solutions.

    However, as with so many historical inventions, the best solution may very well come from one insightful individual--maybe right here in Florida. Patent attorneys and inventors alike find this an exciting time and opportunity; the prospect of going down in  the annals of patenting history is right before us! Are you him/her?

    The grandest patenting opportunity may be in transportation, but it's certainly not the only opportunity for fuel alternatives. With rising fuel costs impacting businesses and consumers on a broad scale, how many ways may there be to develop innovations to increase production efficiency and trim costs in other areas? In my estimation, countless. Even here in my Florida patent attorney office, I can see  myriad challenges to be addressed in the name of cost and time efficiency. Look around, I think you'll see them, too.

Continue Reading Posted By John Rizvi In Invention & Patent Basics 1 Comments

A Florida Patent Attorney's Suit of Armor: Integrity

    A great majority of the news on patents deals with patent infringement, patent law, and, not coincidentally, it brings to mind the overriding importance of ethics in protecting intellectual property--and profits. As a Florida patent attorney, the long term growth of my business depends on the integrity of the patent applications I file, and recent news underlines its significance.
    In a recent online edition of the International Herald-Tribune, Robert Pear wrote an article on just this issue. Currently, patent law dictates that patents held by companies or individuals who have engaged in "inequitable conduct" are subject to having those patents revoked. A pretty severe penalty--maybe, and the subject of hot debate in today's courtrooms.


    Patent laws, which affect Florida patent attorneys and patent seekers (and interested parties everywhere), are at the crossroads, with some lobbying for "the biggest changes in U.S. patent law in more than 50 years." Very nearly every industry is represented.


    On the one hand, opponents of current patent law wonder if the law is too severe for what senior VP and general counsel for Eli Lilly calls "relatively minor acts of misconduct." According to the article, the U.S. Court of Appeals for the Federal Circuit has found inequitable conduct in "at least 40 cases, including 14 that involved pharmaceutical or health care products." Types of misconduct have included submitting false statements to the patent office, a lack of accuracy in describing experiments, and concealing information contradicting their claims. Brand name drug companies and the companies who support them report that accusations are frequent and, often simply "honest mistakes."


    On the other hand, I wonder: In patenting, particularly medical patenting, is there really any room for mistakes--honest or otherwise? Florida patent attorneys and patent attorneys everywhere who are registered with the U.S. Patent and Trademark Office know that protecting their clients requires the utmost in meticulous attention to detail (after detail after detail). The better the application, the more quickly it passes, the more secure the received patent is from attack, and the more the client is free to profit from it. With patent infringement and other litigation costing us into the billions of dollars, can we really afford misinformation and mistakes?


    Consumer groups think not, though recent patent legislation threatens to make it a little easier to make "mistakes." The House of Representatives approved a bill making it more difficult to prove inequitable conduct, and the Senate Judiciary Committee are "haggling over a companion bill." That bill may reach the floor this summer.


    The need to stop unfounded accusations notwithstanding, this Florida patent attorney is hopeful that the backbone of integrity that supports the patent system will win out and grow in strength in years to come.

Posted By John Rizvi In Invention & Patent Basics , Choosing a Patent Attorney in Florida , Patent Cases, News & Updates , Patenting Misconceptions , Patents 0 Comments

Florida Patent Attorney Sees More Evidence that Green is Good!

    I'm interested in following patenting trends in every conceivable category, and I look for these all over the world, in the United States and especially here in Florida.  Patent attorneys should be on the lookout in these days of rapid innovation. I've mentioned before that green living is a rising trend and everything I have recently seen in the news and all around me, suggest that it does, indeed, offer significant patent opportunities.

    According to CNN's Technology section (Diane Hawkins-Cox, March 10, 2008), Hayden Hamilton is getting started with his GreenPrint software, which is designed to end "wasteful printing worldwide,"  offering consumers and businesses ways to reduce paper waste worldwide and right here in Florida. Patent attorneys, too, can trim down the volumes of patent related printed materials. Here's how it works.

    When printing from the web, you've probably noticed that certain pages print with minimal information, such as only the URL or other information you don't really need. GreenPrint analyzes documents set for printing and automatically eliminates pages with little to no text on the page. Users set the parameters, and they can reselect or deselect whatever content they'd like; for instance, the "legal jargon at the end of an airline reservation." Hamilton reports that the "average employee prints about 10,000 pages a year" and that "20 percent" is unnecessary, making GreenPrint a significant means through which we can take less from the environment, and save a little money as well.

    Is this patenting opportunity profitable? Hamilton admits that--that end is growing slowly. GreenPrint is free to consumers and available for license by corporations. However, this strategy may very well work out in the long run. Since GreenPrint debuted in late January 2008 "tens of thousands of people have downloaded the program," meaning awareness is growing. Moreover, there are a number of reasons businesses may utilize GreenPrint, primarily in my opinion: 1.) To save money in excess paper waste; and 2.) To curry favor with consumers increasingly interested in green living and interested in doing business with like-minded companies. (And, perhaps, some companies quite earnestly want to do their part in being environmentally conscious.)

    Florida patent attorneys and those of you interested in innovation and invention would do well to consider the increasing interest in all things green. And, as always, if I can help I'm more than happy to do so! Posted By John Rizvi In Patents 0 Comments

Florida Inventors and Entrepreneurs Enjoying Healthy Snack Success

      As a registered Florida Patent Attorney, I enjoy reading about fellow Floridians achieving success via the fruits of their inspiration. This morning, I read about two such innovative entrepreneurs Daniel Schapiro and Nathan Feldman (Sun-Sentinel, March 10, 2008). The two friends are avid physical fitness buffs who found the available protein bars less than palatable.
    Despite the fact that Feldman was a chiropractor and Schapiro had a career in finance, they found a joint interest in creating a patently unique protein bar formula, and one that would whet the appetite, not squelch it. They formed , a Florida based company that makes "whey protein bit-size snacks targeted to active people of all ages, but primarily the serious athlete." They began night after night, after full days of work, creating different recipes in a local deli-grocer in Boca Raton, Florida. Patent attorneys, like myself, appreciate the dedication innovative entrepreneurs show in continued perseverance through obstacles, as the road to product development is one of trial and error, in most cases.
    One of the first hurdles for Feldman and Schapiro was figuring out how to use protein in baked goods. It wasn't as easy as they might have thought, so they brought in food science specialists to figure it out. Once they'd figured out a (hopefully) patentable formula, the pair went door-to-door to gyms, health restaurants/delis, sports equipment stores, etc. in search of distribution channels. For their first year in business in 2007, they earned $125,000; this year they project that number will increase to $500,000, a sizable jump.
    Being a Florida Patent Attorney, I see the critical investment inventors must make in bringing their goods to market. With diligent time and attention, dreams and visions can become a reality, and, as always, I'm here rooting you on. Posted By John Rizvi In Patents 0 Comments

Will Video Game Patent Holder Score $2 Billion?

       Playing games pays big, at least it could for the patent holders of Grand Theft Auto®, according to an article in February 26th's online edition of The New York Times, in the Technology section. Take Two Interactive, a game developer across the country from this Florida Patent Attorney, is currently being pursued for acquisition by formidable player in the video game world--Electronic Arts. They have offered Take Two $2 billion dollars.

    However, Take Two Interactive has yet to concede. Perhaps, the non Florida patent holders are waiting to see if Electronic Arts will up the ante. Grand Theft Auto®, in its various versions, has sold nearly 65 million copies. Company executives say they will not entertain any offers until after April 29th, when Grand Theft Auto IV is scheduled for release.

    While the various patents held by Take Two Interactive for the Grand Theft Auto® series is a big success, Take Two Interactive and other financial analysts are wondering whether that value may well increase. As of Friday, February 22nd, Take Two's stock value was $17/share, and while Electronic Arts has offered $26/share, one particular analysist, Daniel Ernst of Soleil Hudson Square Research, speculates that their stock may increase to $30/share.

    Electronic Arts says they believe Take Two should take their offer, because they are a "depreciating value," but wouldn't you expect to hear that from the potential purchaser? As a Florida Patent Attorney, I'm always excited to see the windfall a worthwhile patent can produce. I'll keep you posted on other news on this acquisition. Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

Are Phthalates on the Anti Patent List: One Florida Patent Attorney's Opinion

    (Time online, February 4, 2008) I've heard tell of studies decrying the use of phthalates in the plastic containers which hold our food and health and beauty aids. As a Florida Patent Attorney, I was interested to see that Time magazine covered a recent study on the presence of phthalates in baby urine, based on the use of certain mass market baby care shampoos, powders, and lotions.

    Phthalates are chemicals that allow plastics to be flexible and stabilize the fragrances in many common shampoos, soaps, and other body care products. This small-scale study of 163 babies indicated that phthalates were present in the urine of babies whose parents had used products that contained them. However, whether phthalates are harmful is yet unproven.

    Nevertheless, I wonder if we'll start to see less of particular brands of baby products on the shelves here in Florida. Patent Attorneys, moreover, tend to be less concerned with reality and more concerned with perception. If news of the phthalates reach "critical mass" you can be sure there will be a consumer backlash.

    And, herein lie opportunities for patents that cover alternatives to phthalates. I'll be combing the news to see if anyone comes up with an idea in this area. If you think of one and want to patent it, I'm here, as always. Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

Samsung Patents Interchangeable Cell Phone Keypad

       Recently, I posted a blog about Apple's patent pending idea to sell a keyboard with dynamically shifting keys. (A number of keys on the keyboard have the ability to change according to the user's needs.) They're not the only ones who want to patent ideas to make things more fluid for users.

       Samsung has filed a patent application for a cell phone with interchangeable keypads(HT Lounge, January 28, 2008). There is one keypad for regular phone dialing, and one with a QWERTY keyboard for text messaging and other word processing functions. The patent includes a gaming pad, music controls, etc.

       As a Florida Patent Attorney, I've seen a lot of ideas--in this category and more. I think the concept of a cell phone keypad that changes to suit what the user is doing at the moment is great. I know how fast some of us can text message on a regular cell phone keypad; however, it is a lot more convenient to type on a QWERTY keyboard.

    That said, Samsung's patent is for physical keypads you have to change manually, and, well, I think you're just trading convenience. Is it more or less convenient to text on a cell phone than to have to physically change the keypad. And, I don't know who would have the inclination to take the time to do it, or even the storage space to tote all those keypads around.

       Anyone else want to weigh in here? (Florida Patent Attorneys included.) I'm curious. Posted By John Rizvi In Invention & Patent Basics , Patent Cases, News & Updates , Patenting Misconceptions , Patents 0 Comments

Patent Revocation: A Significant Risk?

    I am often asked by inventors about the risks of having their patent revoked at a later date.  The United States Patent and Trademark Office doesn't make it easy to get a patent.  Florida patent attorneys like myself work through excruciating details to secure the approval of our clients' patent applications.  The USPTO also puts a significant amount of time into prior art searching and research prior to granting a patent and is necessarily reluctant to take a patent away once it's been issued.

    I read an article today about the USPTO's decision to tentatively nullify four patents held by Gilead Sciences, which cover a drug that treats AIDS patients (San Jose Mercury News, January 24, 2008). A consumer advocacy group up the coast from Florida (in New York) called the Public Patent Foundation is the third-party challenger in this case, claiming Gilead's patents are invalid, because they'd publicly disclosed the technology behind the drug.

    This brings up something I consistently counsel Florida patent seekers (and patent seekers everywhere) against. It is vitally important not to publicly disclose your idea--and in fact not to disclose it except under absolute necessity--before filing for a patent. The USPTO can, and certainly will, reject a patent application for an idea already in the public eye.

    Now, the chances are small that Gilead, having already secured their four patents, will have their patents revoked. (Even the Public Patent Foundation admits the unlikeliness of this.) And, Gilead, which earned $3.1 Billion in sales based on their patents, says they will "vigorously defend each and every claim." With that big a business riding on it, I'm sure they will. Posted By John Rizvi In Advanced Patent Issues , Patent Cases, News & Updates , Patent Quality vs. Quantity , Patents 0 Comments

Florida Patent Expo: Calling All Inventors!

       As a Florida Patent Attorney, I know where I'll be this Groundhog Day, and It won't be looking out for anyone's shadow. Inventors in the South Florida area are invited to showcase their inventions at the upcoming "Latest Inventions Under the Moon Expo" at the Broward County Library. And, I, for one, will be there. Participants are invited to share their patented and patent pending inventions, and I'm excited to see what new innovations Florida consumers and businesses can expect to see in the near future.

        The Inventors Society of South Florida is hosting the event, which will take place on February 2, 2008 from 10:00 to 2:00 on the sixth floor of the library. If you'd like to present your invention, reserve your display space by January 25, 2008 by downloading a registration form from the Inventor Society's website or requesting one from bmiller@browardlibrary.org.

       Registration forms should be returned to Eva Thomas, 1521 SW 13 Drive; Boca Raton, FL 33486 or via fax at 561-391-7805. I hope to see you there. For more information about the Inventors Society of South Florida, click here. Posted By John Rizvi In Invention & Patent Basics , Florida Patent Attorney Focused News & Updates , Patent Cases, News & Updates , Patents 0 Comments

Eco-Friendly Patents: Major Companies Collaborating Towards a Greener Earth

       I recently posted commentary on the trend towards eco-friendly patents and inventions. Today, I saw greater evidence of just how sizable this opportunity really is.

       In a grand-scale movement towards a greener Earth, Bloomberg.com (January 14, 2008) reports that major corporations are being asked to donate eco-friendly patents for collaborative, ubiquitous use in "fighting global warming and promoting sustainable development." Patents, being the beating heart of profitability, are the most closely held and valuable properties owned by corporations. (Just last year, the USPTO issued over 3,000 patents to IBM alone.) As a Florida patent attorney in Fort Lauderdale, I've little witnessed anyone giving over their patent rights for free--in my work here in Florida, elsewhere in the United States, or in more global spaces.

       Yet that is what major companies are being asked to do in a herculean effort called the "Eco-Patent Commons" put forth by the World Business Council for Sustainable Development. IBM is leading the charge, and three other big corporations have already signed on: Sony, Nokia Oyj, and Pitney Bowes. IBM offers their catalytic reactor, which converts pollutants into stable gases using low-radio frequency energy ions. Additionally, they will donate a patent that provides an alternative to Stryofoam peanuts for packaging. Sony is donating a patent that purifies wastewater using a natural coagulant, while Nokia is giving away their rights to a patent that transforms old cell phones into other electronic devices (e.g., calculators, clocks).

    Encouraging companies to donate their patents is no mean feat, but it's surely made easier with companies as large as these at the forefront of the effort. And, it shows you just how much emphasis is being placed on eco-friendly innovations. For any inventor who wants to break in, donating a patent of wide-scale environmental importance may be an interesting, strategic business move to gain notoriety towards your next big idea. Let me know if I can help: (866) 433-2288. Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

Patent Opportunity in Food-Based Plastics?

       The next time you sit down to a full plate of potatoes or a few too many cobs of corn, you may want to save your leftovers. You never know what you might be able to do with them. Make a radio, DVD player, maybe even a cell phone cover. Patent opportunity or a pot full of nonsense?

       Fujistu thinks it's the former. At the recent Consumer Electronics Show in Las Vegas, they displayed their third-generation Biblo PC, a regular computer--on the inside. On the outside, it's made of 50% "plant-based materials" (and 50% regular plastics). What Fujitsu has done is to take regular corn and process it down to corn starch, which they then transform into a polymer alloy. I came across this tidbit on Erica Ogg of CNET's news.com blog, which also reports that the manufacturing process reduces carbon dioxide emissions by 15%.

    Despite the increased costs in manufacturing the Biblo PC, it seems to me that--given the ever increasing interest in "green" living--Fujitsu is making a smart, strategic move here. I, for one, have seen an increase in the number of patents for products made with environmental integrity. Fujitsu's eco-friendly approach is likely to win the admiration and business of like-minded consumers, especially since they've kept the cost of the PC competitive against other non-green models.
   
    The Biblo PC hasn't reached the U.S.; it's only available in Japan at the moment. I'm wondering what "green" innovations inventors here in Florida might be able to patent? Think we could find a use for all those Florida coconut husks and orange peels?  I'll be carefully following Florida patenting trends in this area over the next couple of years. Posted By John Rizvi In Patents 0 Comments

Croc's Design Patent To Be Invalidated?

       Crocs are a popular beach shoe here in Florida, across the U.S., and outside our nation's borders. Now, the design patent they hold may be in jeopardy according to a number of recent news stories, including one in the January 4, 2008 edition of Forbes online. Holey Soles Holdings in Vancouver, Canada and Crocs are waging war against each other, since Crocs began in 2005 to try and push Holey Soles out of the market. Most recently, The European Union declared Croc's patent invalid, claiming that their Beach model shoes "lack individual character" versus other similar brands. (Perhaps in testament to the value of patents Crocs' stock price dropped $5.00 or 13.2% this past Friday, January 4, 2008.)

       The two companies make shoes that are very similar to one another; Crocs believes Holey Soles is violating their patent, while Holey Soles, of course, believe they are not infringing. The courts are in the process of reviewing the case further and the Forbes article comments that the dispute may "ultimately come down to a strap across the front of its Beach model design." If the strap is determined to be purely decorative, it is likely that Crocs will emerge the winner; whereas, if it is determined to be functional, their patent may very well be invalidated.

    These possibilities reflect the fact that design patents are used to protect the look of an invention, while a utility patent is necessary to protect its function. In patent protection, it very often comes down to details and that is the lesson here: when you think you've finally scrutinized your idea and your patent application enough, scrutinize it at least eight more times. Posted By John Rizvi In Patent Cases, News & Updates 0 Comments

Patent Application filed by Apple for "Chameleonic" Keyboard

       Find it difficult to remember which codes or keys are used for special keyboard characters; for instance ®, ™, or ?? MacDailyNews reports that Apple hopes to change that with a keyboard they've just invented that has been likened to a chameleon. Depending on what your needs are, Apple's "dynamically controlled keyboard" features specific keys that can change symbols to reflect the one a user is actually trying to press.

        Changes occur via the integrated workings of the particular software being used, "organic light emitting diodes" (OLEDs) on the keys, and "application specific integrated circuits" (ASICs). A review of the full patent application and the independent and dependent claims they've included is available on the USPTOs website and by clicking here.

       Apple is one of the most innovative companies around in this day and age. I find it impressive that in a field that literally changes by the hour, they continue to spearhead inventive, consumer-driven thinking. Considering their keyboard in a more broad perspective, you can see that a couple of the consumer insights driving an invention of this sort are: 1.) The need for speed in a time-strained world with consumers consistently seeking to get more done faster (and faster all the time); and 2.) The high value placed on personalized response: it's not what "most people" want but what "I want" that counts (and which gets results faster).

       Other companies and inventors recognize these consumer trends and are acknowledging them with innovations of their own. Are you among them? If not, maybe you could be. I'd love to hear about and help you patent your own insightful invention. Posted By John Rizvi In Patenting Software & Internet Business Methods 0 Comments

Patent Protection Provides Long and Short Term Growth Opportunities

        Here in Florida, elsewhere in the U.S., and abroad patents give businesses the platform they need for secure, profitable growth. Recently, this was seen clearly in Kansas by MGP Ingredients, which settled a patent infringement suit against Mars, Inc. in the amount of $8MM. MGP holds a patent for ingredients used to make a widely popular dog treat called Greenies.

        According to CNN Money (January 2, 2008, CNN Money) Mars purchased the company who make Greenies and subsequently tried to end long term supply agreements with MGP, claiming they had "developed a new formula for the dog treats." MGP disagreed and took Mars to court, winning their $8 Million settlement. They've agreed to give Mars and the makers of Greenies a non-exclusive license to their patent, which provides an opportunity for ongoing growth for MGP. And, as news of the settlement hit the media, their stock prices rose 3.1%, a nice short term win as well. Posted By John Rizvi In Patents 0 Comments

Florida Innovation Showcase 2008 Will Unveil Tomorrow's Patented Technologies

       Mark your calendars for March 19 - 20 as Orlando will host the Florida Innovation Showcase 2008. See tomorrow's big ideas in technology innovations and research and mingle with other budding inventors. This is a great idea to see what's on the horizon in innovation, particularly in the area of Laser and Optics technologies, which will receive a special emphasis.

        Hosted by Florida's Research Consortium, a nonprofit strategic partnership between Florida's universities, businesses, and government, the conference will be held at the Orlando World Center Marriott Resort. For more information, visit iCoast.com. Enjoy it if you go, and maybe I'll see you there. Posted By John Rizvi In Patents 0 Comments

India a Recognized Force in Foreign Patent Protection

       From Naples, Florida to Nepal (India), how far do you want your patent protection to go? Depending on whether you determine your invention to be viable on a global scale or specifically useful to a niche market overseas, you may be considering foreign patent protection. Recent news from the government of India (Press Information Bureau, December 18, 2007) gives you some insight into the world of intellectual property outside Florida and the United States.

       India was just recognized by the World Intellectual Property Organization (WIPO) as an International Searching Authority and an International Preliminary Examining Authority. This is an honor held by only 15 nations worldwide and is a significant bolster to India's intellectual property program, particularly since they are the only English speaking nation in the region of Asia.

       Excited to be honored by the WIPO, India hopes to garner additional revenues, which they plan to use to bolster their international presence in intellectual property. Specifically, they are in the process of building a National Institute of Intellectual Property Management to operate as an intellectual property "think tank" adhering to "global standards." One of their current initiatives is to digitize all of their records, which will facilitate patent development and application processing from remote locations.

       If you're wondering whether your invention might be appropriate for foreign patent protection, let me know-- (866) 433-2288 or JohnRizvi@IdeaAttorneys.com. I'm happy to offer my opinion as a specialist in foreign and domestic patent and other intellectual property law matters. Posted By John Rizvi In Patents 0 Comments

Florida News Highlights Sony's Patenting Possibilities

       Undergoing a company-wide restructure, Sony is grounding their comeback on one thing--innovation, according to the Central Florida News (December 11, 2007). Sony plays in a fiercely competitive landscape and, in recent years, has fallen behind. CEO Howard Stringer indicates that all that's about to change with the company stepping up the "wow factor" with key innovations. It seems like the right place to start in a field where patented innovation is largely predictive of a company's failure or success.

       Innovation led to Sony's leader status when they all but owned the portable music industry with their Walkman®; however, their competition caught up, and quickly. In a category that measures innovation in months, or even weeks or days, continual reinvention is necessary to keep ahead of the pack. (And, patenting those innovations, as Sony well knows, is even more critical.)

        Sony plans to focus their innovations in flat-panel TVs, networking services for their PlayStation 3, and a music player that uses robotic technology. A reporter at the Central Florida news believes these planned innovations will show that Sony has "recovered from its past financial problems." For Sony's sake, I hope the reporter is right, and I look forward, as always, to hearing more about new and innovative products. Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

Patent Holder Seeks $360M from Apple for Patent Infringement

    Apple joins several other companies being sued for allegedly infringing on a patent covering visual voicemail, according to a number of Internet news sites and TG Daily. Klausner Technologies--until now largely unknown--is the owner of two patents that cover elements in voicemail retrieval that utilize a visual interface. In addition to seeking $360M from Apple for their iPhone, Klausner has pending patent infringement suits for $300M each against Skype, Cablevision, and Comcast.

    It appears there may some legitimacy to their claims, as AOL and Vonage both pay Klausner licensing fees for use of their patents in their online voicemail services. Time will tell, of course, but if Klausner is proven to be in the right in even one of the pending suits, they stand to make mammoth gains. And, if they are correct in their analysis, well they should. Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

A Fond Farewell to Florida Patent Holder Dr. Robert Cade

Dr. Robert Cade, inventor of Gatorade, died on Tuesday at the age of 80, but the powerhouse he built in Gatorade will live on. Beverage Digest reports that in 2005, Gatorade had an astounding 80% marketshare of the $5.5B sports drink market. Yet, Cade's booming business, with global presence in 80 countries, began with a simple question.

According to Yahoo!News, the question that ignited Dr. Cade's invention and patenting of Gatorade was this: "Why don't football players wee-wee after a game?" Then Head Coach of the Florida Gators Dwayne Douglas posed the question way back in the sixties. Realizing players can become dangerously dehydrated during a game, losing up to 18 pounds in the three hours it takes to play, Dr. Cade saw that an opportunity was upon him, though the first prototype was more than lackluster. One of the researchers reported that it tasted like "toilet bowl cleaner," and Cade himself vomited after guzzling the potent brew. Back to the drawing board; the team worked to improve the flavor, and they succeeded.

The Florida Gators took up drinking Gatorade during the games, and Gatorade won out as the Gators were known for their endurance. And, so an endurance brand was born. Perhaps, the benefits of Gatorade reached mythic proportions when 1967 Georgia Tech Head Coach Bobby Dodd announced his team had lost to the Florida Gators because they "didn't have Gatorade." Gatorade's legend and their business took off from there, growing into the multi-billion dollar enterprise it is today. That's patent perfection. Continue Reading Posted By John Rizvi In Patent Cases, News & Updates 0 Comments

Inventor's Patent Pending Technology a Deal Maker

As I've often mentioned, it is the individual inventors throughout our history who have kept the pipeline of ideas and innovation humming with vibrancy. Today, I read an article in (CNNMoney.com, dated November 27, 2007) that tells of an inventor of a cell phone translation technology who is set to generate big revenue with this invention.

Having reached patent pending stage, the inventor has entered into an agreement with FTS Group to own 10% of their new subsidiary "Version Ventures Corporation," while FTS will own the remaining 90%. This means that the company will bear the responsibility for manufacturing and marketing and all other costs, while the inventor stands to generate revenue for the fruits of their labor and his/her own ingenuity. Not a bad way to do business. Congratulations to the inventor, and I look forward to seeing how the technology will benefit cell phone users when the patent becomes official. Visit AgoraCam.com for more information on the venture.

Posted By John Rizvi In Inventor's Notebook 0 Comments

Patented Garden Tool Rack Makes Gardening Easier

Garden Tool RackAccording to an article in www.findthatpatent.com a garden tool rack invented by Pei-Ying Lin (Taichung Hsien, TW) has obtained United States patent 7,156,242. The invention helps to store garden tools on soil when work is in progress. The garden tool rack stores the set of garden tools more conveniently. The main aim of this invention is to provide the convenience to use the set of tools easily. The rack body is fastened to earth by making use of the anchoring devices that are attached to the end caps.

The tool rack comes with a hollow rack body, axial positioning structures preventing the tool holders from axial displacement relative to the rack body and tool holders plugged into respective rack body plugholes for holding garden tools. The rotary positioning structures allow the tool holder to be biased relative to the rack body within a limited angle and be locked in position stopping interference of loaded garden tools with one another.

As a Florida patent attorney, I have a special interest in gardening and am blessed with a year-round gardening season.

Posted By John Rizvi In Patenting Construction & Lawn/Garden Tools, Equipment & Methods 0 Comments

Patented Ice Fishing Bucket For Transporting And Organizing Ice Fishing Rods

Ice Fishing BucketThe ice-fishing bucket invented by Gene Persinger has received United States Patent No. 6,364,150. According to an article in freepatentsonline.com, this bucket works well for organizing as well as transporting ice fishing rods and tackle. The invention includes a plastic bucket that has a removable lid, which has a large hole cut into it as well as a foam ring fitted around the inner boundary of the hole.

There are slits along the inner circumference of the foam ring that cuts radially for securing the fishing rods. Into the bottom of the ice fishing bucket, there is a foam disk with holes, which receive the handle ends of ice fishing rods. The holes are made maintaining a vertical alignment with the slits that are made in the foam ring above.

For organizing the ice fishing rods, the handle of the rods are placed in the foam disk holes and the rod is then pushed into the corresponding slit on the bucket lid's foam ring. The fishing rods are held in place due to the friction between the slits and the rods. There are also provisions for keeping lures and tackle in the center of the bucket.

Posted By John Rizvi In Patenting Fishing Equipment, Tackle & Supplies 0 Comments

10-Year-Old Boy Gets Patent For His "In-Tank Feeder Fish Dispenser"

In-Tank Feeder Fish DispenserA patent has been obtained by a 10-year-old boy for his invention of a device used for dispensing live feeder-guppies to predatory fish kept in aquariums. As reported in an article in www.practical fishkeeping.co.uk, the boy, Evan Loginov was issued the patent number 7,059,270 from the US Patent and Trademark Office, for the purpose of a gadget he formulated for his school's invention fair.

The boy's invention, the "in-tank feeder-fish dispenser" contains the live feeder-fish in a small chamber, which at times keep dispensing them, so that the other fish could chase them around and finally eat them. The benefit of the invention is that the aquarium owner just needs to release a small door containing the small fish during the feeding time. The small fish is let out, but the big fish cannot get into the chamber to eat the other feeder fish.

Loginov disclosed, that the reason behind his invention was his father getting fed up of going out everyday, for the purpose of buying live guppies in order to feed his blood parrot cichlid.

Posted By John Rizvi In Patenting Fishing Equipment, Tackle & Supplies 0 Comments

Patent Rules Debate and the Worth of an Expert Patent Attorney

Recently, I posted about current changes to patent rules, most notably restrictions on the number of extensions that can be used and limitations on the number of claims that can be made. The debate continues with a preliminary injunction imposed by a U.S. District Court judge in VA, according to an article in today's Crain's Detroit Business. Some lawyers feel the rule changes put unnecessary restrictions on the patenting process, while others believe it streamlines the patenting process by reducing the workload of an overburdened USPTO.

More important, perhaps, than the particulars of this scuffle, is the need to choose a patent attorney who works diligently and expertly to craft a patent application that is exceedingly thorough and comprehensive, while still being broad enough to provide the inventor maximum leverage--without undue inefficiency. If you are a Florida inventor, or an inventor anywhere, and you are considering hiring a patent attorney, check their credentials. As I always say, the only stupid question is the question not asked. Feel free to ask me about my track record. I am a Florida patent attorney; however, being registered with the USPTO, I can practice anywhere. Posted By John Rizvi In Choosing a Patent Attorney in Florida 0 Comments

Florida and National Patent Rules Have Changed

As of 01 November 2007, new rules are set to govern Florida patent applications, as well as applications from all U.S. states. Specifically, the USPTO calls for no more than two continuation applications plus one request for continued examination (RCE). Previously there were no limits. On the one hand, this limits inventors' ability to argue its case with a U.S. patent examiner. On the other hand, such limitations mean applications have a foreseeable ending. This gives the inventor a patent faster if the application is approved or more quickly opens the door to other applicants if it is rejected.

An additional change is that patent applications can have no more than 25 claims, with only five allowable as independent claims. If more than 25 claims are presented, applicants must file and examination support document (ESD). Originally, the USPTO wanted no more than 10 claims and every patent application to provide an ESD; this is their compromise. For more information visit the USPTO's website. Posted By John Rizvi In Patent Office Limiting Continuation Patent Applications 0 Comments

Pfizer Wins Patent Battle With China Over Viagra

Pfizer has been in a tenacious six-year battle defending its Chinese Viagra patent against twelve domestic drug companies who claim to have spent over US$12M to produce generic versions of the drug. In 2004, it looked as if the plaintiff's would be victorious when the China State Intellectual Property Office (SIPO) invalidated Pfizer's patent, saying it lacked relevant data to support Viagra's "specific therapeutic effect." However, Pfizer appealed and the Bejing High People's Court has issued a final judgment of patent protection for Pfizer that will not expire until 2014. The court has informed SIPO that it must withdraw its opposition. To read the full article click here.
Posted By John Rizvi In Inventor's Notebook 0 Comments

ID Card to Offer Patented Security

IVI Smart Technologies, Inc. has announced receipt of a patent for their "intelligent biometric identification card technology," which it will license to subsidiary e-Smart Technologies (PRNewswire-FirstCall, Nov. 5). The company reports that their engineers have worked steadily over the last three years to develop and refine their technology, hard work that has paid off with a patent that encompasses 27 separate claims.

As I've mentioned in previous posts, the number and breadth of claims is a critical aspect of the patent application as broad claims lend themselves to wide leverage in the marketplace. e-Smart Technologies plans to capitalize upon this, mentioning numerous categories of prospective clients for their technology, including small and large corporations, health care organizations, and government institutions among others.

Entitled "Secure Biometric Verification of Identity" (Patent No. 7,278,025), the patent covers and intelligent ID card with an on-board sensor that captures live "biometric" data and an on-board processor that includes memory for storing referencing data. e-Smart Technologies plans to utilize the patent to generate customers who need ID solutions for security and payroll purposes. Continue Reading Posted By John Rizvi In Inventor's Notebook 0 Comments

Patent Reform Bill To Impede Independent Inventors

An important Patent Reform Bill (S.1145) is under consideration in the Senate, and it carries with it serious implications for independent entrepreneurs and small businesses. Topping my list of concerns:
  • Those in the patent pending stage would be required to publish their patent applications, which could reveal trade secrets to others in various stages with their own applications.
  • The bill calls for a reduction of damages against infringers, which makes infringement more alluring to the ethically challenged.
  • It requires all applicants to submit a search and patentability analysis, which significantly increases costs.
In an article at IBLS.com, fellow Attorney Gerry Elman of Elman Technology Law, P.C. reports that there is a very good chance the bill will not pass. However, for the sake of all entrepreneurial inventors and small businesses, a call to your senators would further ensure the bill's rejection. Continue Reading Posted By John Rizvi In Advanced Patent Issues 0 Comments

ZAP XEBRA Gets Electric Car Patent

ZAP XEBRA Electric CarThe alternative transportation pioneer ZAP (OTCBB: ZAAP) has been awarded a patent as well as a trademark by the United States Patent and Trademark Office for its city speed electric car and truck, ZAP XEBRA.

According to an article in www.marketwire.com, XEBRA from ZAP has been designed to become a new class of affordable vehicle to fill in the growing demand for gas-free motorized transportation. Thus, ZAP takes pride in being able to present the first practical as well as cost-effective vehicle in the form of XEBRA.

According to ZAP Chairman Gary Starr, the electric cars are different from the gas cars, and this has encouraged them to bring up something with a unique approach. He further adds that users purchase the electric cars as a second car and go on to use them as a first car, while the gas cars get used occasionally.

ZAP has also planned to market fuel-efficient vehicle technologies globally through auto distributors and dealerships under the ZAP brand.

Posted By John Rizvi In Patenting Automotive & Transportation Products 0 Comments

Patented Water Filtration Technology From Nephros To Help The Soldiers

Nephros, Inc. has announced that it would be working with the United States Marine Corps Warfighting Laboratory in Quantico for developing a portable personal water purification system. The water purification system is meant for the future soldiers.

The aforementioned project is to be funded under the Department of Defense budget activity for Research, Development, Test & Evaluation (RDT&E). The appropriation is a portion of the HR5631, the "Department of Defense Appropriations Act, 2007, which has been signed into law on September 29, 2006 by President Bush.

According to an article in prnewswire.com, Nephros has claimed that its patented technology has been an important invention in offering reliable as well as affordable solution for water filtration. The basis for the portable system is the Dual stage cold Sterilization Ultrafilter ("DSU") technology from Nephros. The company claims that this filter can eliminate parasites, viruses, bacteria and other bio-toxins.

Posted By John Rizvi In Patenting Innovations in Recreational Boating, Marine Equipment & Accessories 0 Comments

Patent Violation Charges Against Vonage

Vonage LogoPatent violation by VoIP service provider Vonage took a hit from Federal court, which declared that Vonage has violated seven patents held by wireless phone carrier Sprint Nextel as mentioned in an article in arstechnica.com. It follows a similar jury verdict against the company in March, in which Verizon successfully recovered for damages caused due to violation of patent.

The ruling comes as a huge financial burden for Vonage. The damages of $69.5 million charged to Vonage represents an estimated one third of Vonage's entire market capitalization. In addition, Vonage was charged a 5 % royalty on all future Vonage revenues. This is undoubtedly a shocking experience for the company, which suffered losses since its existence, and currently does not have enough cash on hand to last a year at the rate of current losses. An analysis by  Ars' suggests that Verizon's patents focus less on technology or implementations, and more on general concepts that are essential for  telephony.

Posted By John Rizvi In Patenting Business Methods, Advertising & Marketing Systems 0 Comments

Video Game Patenting By Sony Cripples The "Used Game" Market In PS3

Video game patents by Sony iare aimed to prevent PlayStation 3 from running unlicensed software. As posted in an article in www.1up.com, the patent invention would help register one's copy of Genji 2 upon insertion into the PS3 and would disallow the playing of other copies of the game. This in turn, creates a one disc to one console relationship and cripples the “used game market,” which according to the LA Times is important for the game industry. 

Used video game sales have become a rising source of irritation for the publishers, but none went on to make any comments for proving their disapproval. However, used game sales have become a profitable experience for the retailers.

Analysts P.J. McNealy and Michael Pachter have taken the responsibility of exploring this Sony model and have been consulted by a Los Angeles Times piece. According to the estimation of McNealy, game fans are involved in spending about $990 million for buying used games, chiefly through eBay or from GameStop. Maximum amount of the expenditure made is used by PlayStation 2 games.

Posted By John Rizvi In Patenting Toys & Games 0 Comments

Patenting Internet Business Methods - Restricts Polaris Offenders

Patenting Internet business methods have become almost imperative with cases of infringement steadily increasing.  In one of the recent encounters in this arena, Marshall, Texas-based Polaris IP LLC alleged Yahoo Inc., AOL LLC, Amazon.com Inc., Borders Group Inc., Google Inc. and IAC/Interactive Corp for violating the patent on its automatic message interpretation and routing system. The patent produced by Polaris, is essentially a system that can analyze incoming emails of users and decide whether it can be managed automatically or need to be send to a customer service representative.

Polaris has filed a lawsuit against the alleged offenders in U.S. District Court for the Eastern District of Texas, as reported in an article in www.computerworld.com, asking for a jury trial, attorneys' fees damages and a permanent injunction preventing the businesses from using its e-mail filtering system.  A year before, the company litigated Kana Software Inc. for violating the same patent. However, the case was resolved in March, and Kana agreed to license the technology from Polaris.

Posted By John Rizvi In Patenting Software & Internet Business Methods 0 Comments

Fishing Patent Issued For Unique Designs by Hook & Tackle

Hook & Tackle

As a Fort lauderdale, Florida Florida patent attorney, I have secured a number of fishing patents for clients focusing on lures, tackle, and other accessories.  A recent article is of interest, however, as it discusses well known manufacturer, Hook & Tackle, and their patented fishing apparel.  

Fishing patents for Hook & Tackle's Air/X design system were recently issued by the U.S. Patent and Trademark Office.  According to an article in www.landbigfish.com, one of the prime American outfitters, Hook & Tackle is best known for its nautical authentic outdoor and sport fishing apparel. The patented fishing accessories from the company offer exclusive designs for recreational and pro fishermen. Noticeably, the company hosts a technical gear collection that is designed to offer high performance patented fishing gear and the Sportsman's Gear collection which is best suited for after-fishing.      

According to the company, the fishing accessories of Hook & Tackle are flexibly designed to fit different water bodies -land locked fresh water lakes, streams, or open salty oceans. The light-weight sophisticated fabrics from the company are configured to accommodate some great features that includes wrinkle resistance, drying  quickly, stains repulsion and providing maximum protection from sun. The details and uniqueness of product designs is what earns several design copyrights and legal trade dress rights for Hook & Tackle.

Posted By John Rizvi In Patenting Fishing Equipment, Tackle & Supplies 0 Comments

Fishing Equipment Patents For Fly Fishing Vests

Fishing equipment patents such as the convertible fly fishing vest have considerable importance in the fishing world. According to an article in freepatentsonline.com the attributes of fly fishing patents have been carefully tailored to meet the practical requirements of sport fishing. 

The patented vest comprises a mesh panel which forms the rear part of the vest that has a removable rear panel covering the whole mesh panel. The upper edge of the rear panel has been split from the vest. Moreover, the side panel portions are detached from the vest.    

The rear panel is furled into an unfastened pocket from which it extends and an edge of the rear panel is anchored with the pocket. The rear panel in the pocket extends laterally across the rear when placed appropriately and the pocket is zippered.  As the rear panel is secured to the pocket, the entire mesh panel is exposed to offer significant increase in ventilation for the fly fishing person.

Posted By John Rizvi In Patenting Fishing Equipment, Tackle & Supplies 0 Comments

Patent Attorneys Know Every Letter of the Alphabet in the Issued Patent Counts!

Can getting a single letter of the alphabet wrong in an issued patent spell disaster when it comes to litigating against infringers?  Unless the mistake is seen as being a minor typographical error that can be corrected by filing a certificate of correction, the answer is a resounding yes.

Hats off to Peter Zura of The 271 Patent Blog for his post on Central Admixure Pharmacy Services v. Advanced Cardiac Solutions (06-13-07).

 In this case, Central Admixture Pharmacy Services sued Advanced Cardiac Solutions for patent infringment relating to a chemical solution used duriing heart surgery. 

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Advanced Patent Issues , Patent Cases, News & Updates , Patent Language Critical , Patents 1 Comments

Car Patent For Extreme Hybrid Models Filed Recently

Extreme Hybrid carsA U.S. company, AFS Trinity Power Corporation, has filed a car patent for a hybrid car recently.  AFS Trinity Power Corporation, the developers of this car has filed a patent application disclosing the concept of “Extreme Hybrid” vehicles.  The Hybrid Car can be plugged into domestic electricity supply overnight to run without ethanol or gasoline as reported in an article in www.newcarnet.co.uk. The supply would be enough for 40 miles a day normally driven by American consumers. For longer trips, the vehicle would operate as a conventional hybrid.

AFS Trinity Power has plans to build a XH drive train in collaboration with Ricardo, a UK-based company. Both the companies have signed up an agreement for mutually exclusive technology partnership to offer a combined effort to develop a plug-in hybrid technology. It is expected that with sufficient funding XH demonstration vehicles could be in the hands of fleet owners in two years and could possibly be licensed for mass production in the following year.

Posted By John Rizvi In Patenting Automotive & Transportation Products 0 Comments

Business Method Patent to Allow Payers to Pay For Goods and Services Through SMS

Google IncGoogle Inc. has a newly patented business method that allows users to pay for goods from retailers and vending machines through SMS (Short Message Service). According to an article in www.pcworld.com, Google engineer Ramy Dodin published the US patent titled "Text message payment."

The invention - Gpay is essentially a computer-implemented method that assists in making payments. A text message from the payer is received at the computer server system, comprising a payment request containing a payment amount sent by a payer device operating independent of any server system that debits the payer account for an amount corresponding to the amount requested and crediting a payee account that is independent of the computer system. The users would be able to use the Gpay to make payments to doctors, retailers or even the landscapers.    

However, the method is offered by several services, including the two companies in Philippines -Smart Communications' Smartpadala and Globe Telecom's Globe Gcash. It is still under speculation whether these companies have filed patents for technology in the U.S.

Posted By John Rizvi In Patenting Business Methods, Advertising & Marketing Systems 0 Comments

Automobile Patents - Eestor's New Technology Under Scrutiny

As a Florida patent attorney, I take an interest in news regarding Florida patent disputes and recently posted a blog regarding a Florida patent infringement lawsuit against Toyota over the Florida patent on electtric drive motor technology.

It seems the patenting of automobile innovations is in the spotlight again with Eester's innovative new ultracapacitor.   Considering the thousands of inventions getting patents issued by the U.S. patent office each year, EEStor's technology for replacement of electrochemical batteries is one of the latest hooplas to join the league. The invention is expected to bring an end to the internal combustion engine, as mentioned in an article in www.technewsworld.com   

EEStor's new product is essentially a material compressed between thousands of wafer-thin metal sheets, in a series of foil-and-paper gum wrappers stacked one on top of the other. The ultimate outcome is an ultracapacitor - battery-like device that is capable of storing and releasing energy quickly. The technology is expected to stimulate the renewable-energy sector by allowing efficient, lightning-fast storage for solar power. Further it could lo be used on a smaller scale in a flash-charge for laptops and cell phones.
   
However, the speculation and dubiety hovers over the invention, backed by the company's original claim of making batteries to obsolete. The assertion still resonates, Joseph Perry and the other researchers at Georgia Tech using the same material to double the amount of energy a capacitor can hold, claims the improvements can hardly be realized.

According to Perry, EEStor is saying a lot about how they're making these things. He feels "With these materials (described in the patent), that is a challenging process to carry out in a defect-free fashion."

Posted By John Rizvi In Patenting Automotive & Transportation Products 0 Comments

Microsoft Resolves Patent Infringement Case Against Eolas and the University of California

A long-standing patent infringement matter between Microsoft and opponents Eolas and the University of California was settled on August 31, 2007. Eolas launched a claim against Microsoft's Internet browser Internet Explorer which is said to have violated a patent it held. The dispute revolved around embedding of items within a web page. Microsoft has modified the element in its browser and agreed to make an undisclosed payment to Eolas as cited in an article in www.theregister.co.uk

The patent involved is partly held by University of California, which is expected to receive a part of Microsoft's payout. Eolas has mentioned its shareholders that it anticipates a payout worth $60 to $72 per share for them. However, in a letter to its shareholders Mark Swords, Chief Operating Officer of Eolas unveils ''The litigation with Microsoft has taken a great deal of management time and effort and significant financial resources." Further, Mark announced, "we are very pleased that we now can focus our resources on commercializing our existing intellectual property portfolio and developing new fundamental technologies."

Posted By John Rizvi In Patenting Software & Internet Business Methods 0 Comments

Health and Exercise Equipment Patent Announced For Lifespan's Intelli-Sense(TM) Technology

As a Florida patent attorney, I have a number of clients that innovate in the areas of health, fitness, and exercise equipment. that will find this post of interest.  LifeSpan TreadmillsAn exercise equipment patent has been issued to LifeSpan's Intelli-Sense (TM) Automatic User Sensing Technology – incorporating unique load sensing features. The manufacturer of LifeSpan fitness equipment, PCE Health & Fitness incorporates this feature into its LifeSpan HOME series and PRO series treadmills according to a report in www.send2press.com. Intelli-Sense is an intelligent and radical technology featuring increased treadmill safety and helps in step-based programming. Intelli-Sense(TM) offers its treadmill users extra safety, without worrying about any kind of scuffle.

It detects the impact of a foot on the treadmill belt automatically, offering greater accuracy than the traditional pedometers. The Intelli-Sense(TM) shuts off the treadmill automatically in case of an   aberrant walking or running condition. The Intelli-Sense(TM) also shuts down if it gets a constant load that a cloth is jamming the treadmill’s belt or a user accidentally has tripped on the treadmill.

The Intelli-Sense technology continues to be utilized in the LifeSpan products to meet customers' demands and enhances their exercising practices. PCE Health & Fitness recently introduced Intelli-Key (TM) interactive lighting system that escorts the users through the setup process on LifeSpan ellipticals, treadmills and exercise bikes. The amalgamation of Intelli-Key(TM) with Intelli-Sense(TM) provides an unrivaled edge in using automated and innovative technology.

Posted By John Rizvi In Patenting Exercise Equipment and Recreational Sporting Goods & Methods , Patents 0 Comments

Patenting Boating Equipment From LSG And Callenberg Facilitates Cruise And Shipping Markets

As a Fort Lauderdale patent attorney, with a special interest in boat patents, I am always interested in news relating to new boating patents, products, and software.  Fort Lauderdale patent attorneys are responsible for securing a number of innovations relating to this industry, and the city is a major yachting center, with 42,000 resident yachts and over 100 marinas and boatyards.  In fact, South Florida is home to the annual International Boatbuilders Exhibition & Conference.

 A joint effort for patenting boating equipment by the Lighting Science Group Corporation (LSG), focusing on providing environmentally responsible and energy efficient lighting solutions and Callenberg Engineering Inc., which is also a supplier of automation, electrical as well as HVAC systems is on the way.  According to an article in prnewswire.com the companies have joined hands for developing Light Emitting Diode (LED) light bulbs and fixtures that are capable of meeting the rigorous requirements in order to withstand life at sea.

At present, both the companies are working for developing bollard fixtures, LED luminaires, LED replacement lamps and down light fixtures for the marine industry. This all-new technology will be marketed and distributed to the marine industry under the Lighting Science brand by Callenberg.

As reported in prnewswire.com, Chairman and Chief Executive Officer Ron Lusk of Lighting Science said that the LED-based technologies offer the best lighting solutions for almost every application. LSG conveniently satisfies the cruise and commercial shipping markets that are in need of durable, reliable and cost-effective equipments.

In 2007 Seatrade Cruising Convention in Miami, Florida, new boating products are to be introduced and displayed.

Posted By John Rizvi In Patenting Innovations in Recreational Boating, Marine Equipment & Accessories 0 Comments

Joint Patenting By Big Three Automakers Enables Steel Parts to Replace Composite Parts In Cars

Joint patenting by the Big Three automakers - General Motors, Ford and Chrysler, has earned them their first joint patent to replace the parts of the car made of lighter-weight plastic composite materials with parts made of steel. According to a New York Times Report this step facilitates the improvement of the fuel economy.

The United States Council for Automotive Research had been started last year by the Big Three automakers and according to it, the patent symbolized the first time the automakers had produced an original technology. However, the US Council for Automotive Research further adds that it could take some years before the technology is applied to auto making. According to John Fillion, an engineer for the Chrysler Corporation, at present it is not possible to make one part every two minutes, though the engineers can make use of the technology to build a part of composite material in the laboratory.

The new technology enables composite parts to form around a hollow mold without a core - this reduces their weight to 10 percent or more.

Posted By John Rizvi In Advanced Patent Issues , Patent Cases, News & Updates , Patenting Automotive & Transportation Products , Patents 0 Comments

Internet Patents by IBM Allegedly Infringed by Amazon.com

I                                                    As a Florida patent attorney, I find myself regularly following news relating to IBM.  Not only is IBM consistently one of the top 10 patent filers in the U.S., but the birthplace of the P.C. was right here in Boca Raton, Florida.  In fact, IBM's main complex was just northwest of Florida Atlantic University in Boca Raton until they relocated to Research Triangle Park in North Carolina.

Internet patents are asserted by IBM claiming patent infringement by Amazon.com.  IBM has charged the e-commerce giant, Amazon with two lawsuits, seeking unspecified damages as reported by www.pcadvisor.co.uk

IBM further added that it had tried to resolve the issue outside of court regarding the Internet patents for four years before deciding to sue Amazon.

According to the article, Amazon.com deliberately exploits its intellectual property by encroaching on several patents, whose coverage includes the storage of data in an interactive network, the presentation of applications in an interactive service, the ordering of items from an electronic catalogue and the presentation of advertising in an interactive service.

As IBM puts it, Amazon had been originally informed about the alleged infringement in September 2002, but the e-commerce company did not want to go for "meaningful discussions". IBM says that the patents in question are licensed by other companies. However, neither IBM nor Amazon has responded to further queries.

 

Posted By John Rizvi In Advanced Patent Issues , Patent Cases, News & Updates , Patenting Software & Internet Business Methods , Patents 0 Comments

Software Patents Granted to HNTB for TrueViz(R) Technology

Software patents have been granted to HNTB by the U.S. Patent and Trademark Office for parts of its TrueViz(R) Transport software system, adding to the list of software patents. According to www.prnewswire.com HNTB has received exclusive rights to technology for the first time and this has been developed for facilitating its engineering and architecture clients' projects.

TrueViz(R) Transport is an interconnected system of procedures and software which increases the interactive visualization for public involvement and design analysis. The code of the software is credited to transform linear point-based data in design output to a chain of mathematically defined surfaces and curves. This simplifies the conversion of design files to 3-D and also brings in more accuracy and needs less time.

Consequently, HNTB can now bring before its clients as well as their stakeholders more realistic imagery of design alternatives. HNTB Companies, an employee-owned organization of infrastructure firms are famous for their functioning in bridges, architecture, transportation, aviation, urban design and planning.

 

Posted By John Rizvi In Advanced Patent Issues , Patent Cases, News & Updates , Patenting Software & Internet Business Methods , Patents 0 Comments

Automotive Patent from Honda Targets Eliminating Harmful Diesel Emissions

Think automotive and automobile patents and Honda Motor is sure to come to mind. Herald Tribune reported that the world's largest automobile engine maker, Honda is poised to come up with the first diesel car for complying with environmental pollution standards worldwide.  Adding to its list of patented automotive technology, the company is credited for inventing a way to curtail the smog-forming gases. This technology claims to bring about faster acceleration of diesel cars and greater fuel economy. Honda is confident that this all new technology will gain a lot of customers.

According to a U.S. patent derived from Bloomberg News, the automaker boasts of a treatment system, which makes the exhaust flow via a plasma reactor or a layer of gas containing electrically charged atoms. Through this system, hazardous Nitrogen Oxides are separated to form Nitrogen Dioxide, which is finally decreased or absorbed by silver and alkali metals. Nitrogen Oxides are responsible for causing asthma, cancer, heart and lung diseases.

Honda has plans to sell its U.S. diesel model by 2009. However, the automaker has not revealed the models that will be available with its brand new engine.

 

Posted By John Rizvi In Advanced Patent Issues , Patent Cases, News & Updates , Patenting Automotive & Transportation Products , Patents 0 Comments

Internet Patents From Ideaflood Challenged

                                         Internet Patents in the news again.  According to a recent press release from Electronic Frontier Foundation (EFF) in their official website www.eff.org, they are set to challenge an allegedly improper Internet patent that is threatening small businesses.

Ideaflood is a self-declared 'intellectual property holding company' that makes use of Internet subdomain patenting against payment from the website hosting companies, which provide personalized and virtual subdomains, such as 'action.eff.org' for 'eff.org', the parent domain.

A reexamination request had been filed with the United States Patent and Trademark Office (PTO), the result of which revealed by EFF and Rick McLeod of Klarquist Sparkman, LLP, proves that the method Ideaflood boasts of inventing was known prior to the issue of the patent and thus goes without merit. Furthermore, website developers were also publicly discussing the creation of these virtual subdomains on an Apache developer mailing list a year earlier Ideaflood claimed its patent.

According to Rick McLeod, the patent system must be for innovation and is not meant to infringe on the public area.

Posted By John Rizvi In Advanced Patent Issues , Patent Cases, News & Updates , Patenting Software & Internet Business Methods , Patents 0 Comments

Jewelry Patent Awarded for Cellular Jewelry By USPTO

Jewelry patents obtained by Cellular Jewelry Inc., a leading provider of cellular solutions and technologies is the latest buzz in the industry according to the company.  Cellular Jewelry (TM) has been granted a U.S. patent (Patent Number 6,954,659) by the United States Patent and Trademark Office (USPTO).

A recent report in www.send2press.com explains that Cellular Jewelry (TM) is more of an alerting device and is known to flash when a signal is received within a distance of 3 feet from a cellular phone. The product line of this company includes Cellular Bracelets (TM), Cellular Pens (TM) and Cellular Watches (TM) and all of these lights up when they are within 3 feet from a ringing cellular device. This is a fabulous merge of technology and fashion.

The Cellular Jewelry products have bright LED lights that are designed to operate on TDMA, GSM and iDEN networks. As David Cadis, President at Cellular Jewelry puts it, "this patent symbolizes a notable advancement in wireless technologies". He further adds that the patent ensures public safety and also benefits consumer and enterprise applications, which are in need of new innovative technology and reliability.

Posted By John Rizvi In Patent Cases, News & Updates , Patenting Business Methods, Advertising & Marketing Systems , Patents 0 Comments

Patenting Invention of a Computer Algorithm From Ford Can Prevent Car Slipping

Patenting inventions have taken another big leap with the invention of a computer algorithm by the Ford Motor Company.  According to nytimes.com, this computer algorithm for a traction-control system is advanced and is expected to stop a car from spinning its wheels in case a driver steps too hard on the gas. The patent covers a chain of mathematical procedures or an algorithm, which enables a computer process to calculate the slope of the road as well as its friction.

Computerized anti-lock brakes are great for preventing a car from sliding into an uncontrollable skid. This patent invention is a more complex system, which is able to analyze the road conditions and can depict whether the wheels of the car will slip.

According to Roger May, a patent attorney for Ford, the company is scheduled to introduce the traction-control system on its 1998 or 1999 models. He further adds that 'peeling rubber' will be impossible with this system.

Posted By John Rizvi In Advanced Patent Issues , Patent Cases, News & Updates , Patenting Automotive & Transportation Products , Patents 0 Comments

Automobile Patent Granted To Camcon For IVA

The automobile patent for an Intelligent Valve Actuation or IVA technology  granted to Camcon Technology was reported in engineeringtalk.com. According to the article in engineeringtalk.com, IVA is supposed to be offering a low-cost, compact, and a low power consumption mechanism, which has the ability to improve the efficiency of engine combustion. The technology will also be increasing the fuel economy and engine performance of the automobiles and will cut down the emissions from the engine.

A number of lift positions are compatible in the IVA technology and this in turn allows energy recovery for supporting low power consumption. The low seating velocities provided by the technology also makes sure that there is minimum noise and good durability. 

The technology further allows each valve of the engine to be controlled independently.

According to Ian Anderson, Chief Operating Officer, Camcon, "IVA being a riotous technology has the ability to change the car engine essentially for the first time in 90 years". The European patent has been awarded in the UK, Sweden, Portugal, France, Spain, Italy and Belgium.

Posted By John Rizvi In Patenting Automotive & Transportation Products 0 Comments

Patent Infringement Brought To View With Ericsson Suing Samsung

Patent infringement has once again raised its ugly head with Ericsson filing a lawsuit against Samsung in a Texas court, as reported in www.pcadvisor.co.uk

According to Ericsson spokeswoman Kristina Hagg-Blecher, the suit charges Samsung for infringing on the mobile phone patents of Ericsson. In February, Ericsson had filed lawsuits in the UK, US, Germany and the Netherlands following the failure of both companies to agree terms for renewing the patent licenses. For patents related to many mobile phone technologies, Ericsson had initially signed a licensing deal with Samsung back in 2002.

According to a spokeswoman for Samsung, the company does not make any comments on the ongoing legal issues.

Ericsson and Samsung are not the only mobile companies to fight over patent license renewals; in the past, Nokia and Qualcomm were caught in the middle of a bitter renegotiation process. At that time, Nokia had filed a complaint against Qualcomm with the EC and Qualcomm had filed a complaint against Nokia with the US International Trade Commission.

Posted By John Rizvi In Advanced Patent Issues , Patent Cases, News & Updates , Patenting Business Methods, Advertising & Marketing Systems , Patents 0 Comments

Advertising Systems Patented By POD Digital Promotions Revolutionizes Advertising

POD Digital Promotions POD Digital Promotions patents an advertising system in hopes of successfully penetrating target-markets through digital advertising as reported in an article in enewschannels.com.  An integration of print and visual media, the POD advertising system offers the advertisers an extra edge with a unique approach consolidating the best of experience, creativity and technology. The system is particularly designed to provide the clients maximum exposure at a limited budget.

This new formula for digital promotion provides the clients with consistent exposure. Basically the POD Advertising Unit is strategically located in high-traffic zones such as shopping malls, hotel lobbies, fitness centers and eateries. The Unit consist a digital screen that plays a full-motion commercial along with advertiser's full color, tri-fold brochure. Further, the advertisers can also add coupons and other incentives.

The new advertising system emerges a viable alternative to traditional advertising. Jody Torre, President, POD Digital Promotions describes that ''there is a seismic shift to newer forms of marketing. POD Digital Promotions emerges as a powerful alternative to traditional advertising, proving itself to be a highly targeted, cost-efficient, and accountable medium."

Posted By John Rizvi In Patenting Business Methods, Advertising & Marketing Systems 0 Comments

Fishing Patent Helps Anglers To Release The Fish Without Touching

quick-release fishhookAs an avid fisherman and Florida Patent Attorney, I am always interested in patenting news relating to the sport.  In this regard, fishing patents have provided an extra edge to the quick-release fishhook genre.   According to an article at www.freepatentsonline.com this versatile patented equipment seems to be a great asset for the anglers. It elaborates that the manageable fishhook can be operated with one hand – releasing a fish caught on the hook without exposing the hands to the hook or sharp fish teeth.

The hook's shank portion has an interior channel connected to a slotted rear shank portion, which extends obliquely from the rear end of the forward hook shank portion. There is an U-shaped hook member having a sharp tip and locking notch, that are attached to the slot in the rear shank portion with a swivel pin displacing from the axis of the forward hook shank portion. Further, the lock rod ride is present in the interior channel, which is spring-biased rearwardly and fained in the locking notch. A distal button connected to the lock rod allows the angler to retract the lock rod from the notch. Through the rotation, the biased lock rod snaps into the locking notch to lock the hook for angling.

Posted By John Rizvi In Patenting Fishing Equipment, Tackle & Supplies 0 Comments

Patenting Business Methods in the News Again

A number of my Florida patenting clients have business patents for innovative marketing methods and other business innovations.  In recent years, business method patents issued by the US Patent and Trademark Office (USPTO) are forced to meet the raised bars of patentability.  NextMark received a patent from USPTO for its series of new techniques the list technology company has invented for choosing mailing lists, as has been reported in an article at www.dmnews.com.

In essence, the patent defines a method for generating a highly targeted mailing list of prospective customers for a listed purchaser. It is partly based on productive prospect lists that was earlier used by the list purchaser, current customers of the list purchaser, prospect lists that the related list purchasers used or it might be any combination of this data.

NextMark's invention is particularly fit for network-based prospect list services that provides prospect lists' database to direct marketers on Internet. According to Joseph Pych, president of NextMark ''We did this because with rising postage rates and waning tolerance of junk mail and spam, it's more important than ever to send your marketing promotions to recipients who welcome your offer."

Posted By John Rizvi In Patenting Software & Internet Business Methods 0 Comments

Environmental Product Patent Awarded To Industrial Nanotech's Lead Abatement Coating

Nansulate LDX Lead Abatement CoatingIndustrial Nanotech, Inc. was awarded an environmental product patent for Nansulate LDX. It is being used at a Pacific US Navy facility by military contractors for encapsulation lead-based paint. The patented invention though relatively small in order, seems to be an epochal breakthrough in Nanotech's ongoing efforts to gain market share for Nansulate LDX throughout US Government facilities worldwide, as cited in an article in www.specialchem4coatings.com. Nansulate LDX provides an eco-friendly alternative for environmental remediation.       

This new water based environmentally safe, lead abatement coating product offers a new technology applicable to any substrate, forming an obstructive coat to seal highly toxic lead paints. Moreover, it is believed to offer additional benefits complying with the standards of Nansulate product line – protection against corrosion, thermal insulation and prevention of mold growth without the use of toxic moldicides. The reports from U.S. Environmental Protection Agency (EPA) estimates lead abatement costs for residential units nationwide are roughly $570 billion, with another $500 billion approximated for the cleanup of commercial facilities.

Posted By John Rizvi In Patenting Energy & Environmental Products 0 Comments

Patenting Medical Techniques On the Rise

Patenting medical techniquesIn recent years, patenting medical techniques has become a recent trend, with major technological advances attributed as the major contributing factor. According to a recent article on http://www.medgadget.com, the U.S. Patent and Trademark Office confirms an increase in medical/surgical method patent applications. They’re not the only ones noting this trend, however. Tresa Baldas of the National Law Journal reports that she, too, has noticed a surge among those in the medical field seeking patents for techniques and not just devices.

I expect this trend will continue, as patenting techniques has significant potential as a return on Investment. Fellow patent attorney Eric Raciti of Cambridge, MA agrees, feeling that method patents are becoming “the bread and butter” of patents in the medical community. I look forward to seeing where medical innovations will take us.

Posted By John Rizvi In Patenting Medical & Dental Products, Processes & Software 0 Comments

University of Central Florida Patents Liquid Zoom Lenses for Digital Cameras

As a Florida Patent Attorney, I have a number of friends (and a sister) that went to the University of Central Florida and find patenting news relating to the school of special interest. 

As recently reported, the University of Central Florida patents specially designed zoom lenses for digital cameras that replicate the working of the human eye according to UCF News and Information

At least five Florida patents filed by Florida patent attorneys for the University, have been granted to the University and the technology is licensed to a manufacturing company, Holochip Corp., based in Alburquerque, New Mexico.

 The complete article is available here and reproduced below in the event that the link changes or is broken:

Continue Reading Posted By John Rizvi In Florida Patent Attorney Focused News & Updates , Patent Cases, News & Updates , Patents , University of Central Florida Patents Liquid Zoom Lenses 0 Comments

Patenting Of Marketing Systems Leads To Ground-Breaking Mass Mailing Opportunities

NextMark IncPatenting of marketing systems like the new mailing list selection technique of NextMark Inc. provide an extra edge to any company.  The NextMark patent was issued by the United States Patent and Trademark Office for its system of generating highly responsive mailing lists, as mentioned in an article in www.nextmark.com

The new invention evolves a feasible method for generating a highly targeted mailing list of potential customers. The methods are specially designed to suit the network-based prospect list services, which offer a prospect list to the direct marketers from a database over the Internet.   

For those marketers using "one-size-fits-all" list for their marketing campaigns, the new technique would make it easier to find the list of people who would appreciate and respond to their offer. Further, Joseph Pych, the President of NextMark adds, "With rising postage rates and waning tolerance of junk mail and spam, it's more important than ever to send your marketing promotions to recipients who welcome your offer."

Posted By John Rizvi In Patenting Business Methods, Advertising & Marketing Systems 0 Comments

Boat Patent Granted For Collapsible Design

As a Fort Lauderdale patent attorney, with a special interest in boat patents, I am always looking for interesting news relating to new boating patents, products, and software.  Fort Lauderdale patent attorneys are responsible for securing a number of innovations relating to this industry, and the city is a major yachting center, with 42,000 resident yachts and over 100 marinas and boatyards.  In fact, South Florida is home to the annual International Boatbuilders Exhibition & Conference.

Boat patents are especially important considering the invention of collapsible boat stature.  In the collapsible boat, the sections are styled in such a fashion that they may be stacked in order to ease transportation of the boat. More so, the boat encloses such a structure that its sections can be readily and easily assembled to become waterproof on being fully assembled, according to an article in www.freepatentsonline.com.      

The collapsible boat consist a number of sections including a stern section and a bow section. The said sections are adapted to be stacked in a nested assembly and transported. This means, each section for securing the said sections form end-to-end relation, forms a leak proof and rigid boat. This improvement comprises of a plurality of sections. Each of the said sections have side walls and end walls. Each of these sections has L-shaped bar extending laterally on one end adjacent top thereof from side wall to side wall. Further there is a second L-shaped bar on the other end of the said section extending laterally and adjacent the top.

Posted By John Rizvi In Patenting Innovations in Recreational Boating, Marine Equipment & Accessories 0 Comments

Patenting Security Products By Corporate Safe Specialists

As a Florida patent attorney, I am aware of a number of large firms in South Florida focusing on sophisticated time and attendance systems as well as a variety of other security products.  Patenting security products is important for inventions considering the competition in the market of security systems. Corporate Safe Specialists claim to be trailblazers in cash control systems and safes for restaurant and retail communities and were awarded a U.S. patent for their invention on April 26th of 2005

According to an article in www.send2press.com the invention is associated with process of using a control unit that would help in controlling an electronic lock on a safe. It includes all the steps essential for functioning of an electronic lock for the safe - receiving the signals send by the electronic lock from the computer and controlling the safe according to the response of the signals.

The security apparatus for controlling an electronic lock on a safe integrates an electronic lock contained in a safe, an input/output port attached to the electronic lock that receives signals from control unit and controls signal received at the input/output port.

This patented technology from Corporate Safe Specialists enables the user to control the electronic lock through a control unit. The safe can be unlocked with the help of electronic lock by computer. Moreover, a remote authorized user may control the electronic lock in the safe. Reiterating the merits of this invention Ed McGunn, President of CSS stated "This technology will dramatically increase control over safe input and output both onsite and remotely, saving manpower and providing management with an indisputable audit trail of transactions."

Posted By John Rizvi In Patenting Household Consumer Products 0 Comments

Patenting Infant Safety Products: Safety Bumper Pad

As a Florida patent lawyer, I make it a point to attend the JPMA annual tradeshow in Orlando, Florida regarding infant and baby products.  A number of Florida clients also attend this show and have an interest in emerging concepts like the Safety Bumper Pad.

This patented concept was invented by a mother, Terry Lyons, while working out a method that could furnish greater crib safety to her children, as has been referred in an article in www.freepatentauction.com. This product is known to offer greater safety features than most of the standard bumper pads available in the market and prevents potential hazards such as loose pads and ripped ties.     

The Safety Bumper Pad comprises interlocking outer pad straps that help to get rid of bumper pad ties, resulting in a safer and more reliable product. In addition, the product also features a fitted liner retention sheet, stitched around the entire bottom of the 4-wall bumper pad. This sheet enables a crib mattress to be placed inside securing the bumper pads in place, saving the baby from suffocation, injury, or entanglement while pushing out limbs. The Safety Bumper Pad's enclose the best features that parents could seek for their children and makes all this available at a considerable retail sales cost.

Posted By John Rizvi In Patenting Infant & Baby Items 0 Comments

Patent Pending Invention EZ Holder Helps To Breathe Clean Air

Patent pending invention, EZ Holder brings about a reduction in the respiratory hazards by doing away with the release of fibers into the air while ripping and tearing fiberglass according to an article in uiausa.com. The releasing of fiber happens due to any flexible material movement and material frustration when making an effort to cut. So, EZ holder is an excellent solution for the tearing of flexible materials while making an attempt to cut.

The EZ Holder design supports the knife blade longevity and prevents the damages caused to the surfaces that are being used for cutting on.

Any user can safely use the EZ Holder, as the cutting blade is totally enclosed. The unit permits the most efficient productivity and it requires no attachments or accessories for operation. The lightweight EZ Holder results in low shipping costs and freight. The invention consists a single mold for cost efficiency in manufacturing and at the same time is very rigid to reveal durability.

Posted By John Rizvi In Patenting Construction & Lawn/Garden Tools, Equipment & Methods 0 Comments

Music Sharing Software Reaches Patent Pending

A ‘head’s up’ to those interested in patenting in the music industry. Woodstock Systems, LLC has reached patent pending status with breakthrough music sharing software Woodstock PDS. According to an article on www.send2press.com, the New York based software development company has created the first software that combines a full-feature media player together with secure Peer-to-Peer (P2P) file lending.

The software enables its users to play digital music easily, listen to thousands of the popular Internet radio stations, and transform their CD's into MP3's. At the same time, they can legally share their digital media files.

Continue Reading Posted By John Rizvi In Patenting Software & Internet Business Methods 0 Comments

US Patent For A Rowing Exercise Machine With Effective Resistance Mechanism

Mark C. Termion (Winfield, IL), Zhi Lu (West Dundee, IL), Eric C. White (Streamwood, IL) and Douglas B. MacDonald (Des Plaines, IL) have emerged with a simple and effective rowing exercise machine, which has been awarded the US Patent 7,226,397 recently.

According to anarticle in www.findthatpatent.com, the rowing exercise machine has a simple effective resistance mechanism, which replaces the resistive brakes typically used in the prior art. The resistance mechanism of the machine consists a first coupling between the first and second spaced disks, which prevent rotation with the help of a resiliently deformable as well as a tensionable spiral in between. The second coupling of the device comes between one of the disks and a user handle for resisting the concordant movement of the user on a seat along a track as well as the movement of the handle.

Posted By John Rizvi In Patenting Exercise Equipment and Recreational Sporting Goods & Methods 0 Comments

Marine Equipment Patenting of Super Sting R8 Marine Innovates Marine Logging System

A number of marine industry patents have been in the news lately.  Among those is the marine equipment patent issued for the SuperSting R8 Marine of the AGI group.  This is an innovative Marine Logging System.  As per the recent news report of  www.idswater.com, the new system consisting the Marine Log Manager software, the SuperSting Marine and an electrode towing cable, makes it all the more convenient for formatting data. It also   helps in maneuvering the boat track and arranging the data for the inversion software.

While the SuperSting Marine serves to record and store the required data, the Marine Log Manager software does the most significant job of editing and formatting the recorded data. It is also made to engineer the boat track and the resistivity data on the image of an imported map. Also, unlike the regular metal electrodes, its anti-corrosive graphite electrode and the water block prevent the water from infiltrating into the electrode cable and damaging it.

Posted By John Rizvi In Patenting Innovations in Recreational Boating, Marine Equipment & Accessories 0 Comments

Patent For Roof Protection Product Recently Approved

A patent for a roof protection product from TriCord Hurricane Products has been approved. The product developed by TriCord can be placed over homeowner’s roof before the storm and can be removed after the storm. A simple and inexpensive product TriCord is anticipated to be workable on any home. The hurricane product has been tested at Florida International University’s “Wall of Wind” and Clemson University’s Wind Research Laboratory. According to an article in www.hurricanesafetysystems.com the product has been found to endure Category 3 winds (125mph) and is expected to resist winds of higher velocity.   

TriCord completed its product development and testing phase for hurricane safety system on October 19, 2006. The system is delicately designed with the help of tubular plastic modules. The modules are filled with water and placed on a roof to protect it from the high wind forces. Further, during the hurricanes, public water sources are usually contaminated - the product offers a source of drinkable water and a shower system for the owners in such crisis.   

Posted By John Rizvi In Patenting Hurricane Safety Products 0 Comments

Fishing Patent Awarded To Legend Ice Rods

Croixs Legend ice rodsAs a Florida patent lawyer and avid fisherman, I enjoy following new news relating to the industry.  In this regard, a new fishing patent has been awarded to St. Croix's Legend. The U.S. patented St. Croix's Legend ice rods features an ultra-sensitive spring built-in indicator system as confirmed in an article in www.stcroixrods.com. The system built out of durable, high-tension stainless steel plated with 24K gold is attached to the tip top of the rod. This indicator allows the anglers to see the slightest knock or bite much in advance before it is actually felt.       

The ice rod is available in a range of five models from medium-heavy to ultra-light. In addition, there are three spring indicators - light, medium and medium-heavy. The indicators can be effortlessly interchanged by switching from light to medium to medium-heavy, etc. Each type of rod can use two different springs fitting to the styles and weights. This unique system is an important accessory that makes fishing much easier when compared to other styles of rods or spring robbers.

Posted By John Rizvi In Patenting Fishing Equipment, Tackle & Supplies 0 Comments

Patent Granted To Automated Illumination Device That Lights Up Items On Or Near It

Automated Illumination DeviceAccording to an article in www.findthatpatent.com a US patent has been granted to a portable, automated illumination device that helps the illumination of an item that is stored near or on the device. The inventors, Kerri E. Hanis (Chesterfield, MO), Lawrence R. Happ (Mundelein, IL) and Mark Hanis (Chesterfield, MO) have come up with the device that illuminates items like drinking cups, eyeglasses and other household items.

The device has a sensor that detects the presence of an object and a light source, which lights up when the sensor succeeds in the detection of such an object. The object is illuminated for a certain time span, following which the device needs to be reset to trigger the subsequent motion, other stimuli or heat that is detectable by the sensor.

Apart from the sensor, the illumination device consists a top section platform that has a nearly vertical sloped edge for retaining items. The device can receive and store useful household articles and is extremely convenient for use in darkened spaces.

Posted By John Rizvi In Patenting Household Consumer Products 0 Comments

Fishing Patent from Hardy Presents Rods And Reels To Suit Consumer Preferences

As a Florida patent attorney, I have a number of clients with an interest in patenting fishing equipment and supplies.  Another fishing patent from Hardy Rods & Reels has resulted in an every growing emergence of a range of rods and reels that are suitable for all circumstances and every kind of fishing.  According to an article in yagersflies.com, the consumer has the privilege of tailoring their choices to go with their personal preferences for line weight, rod length, rod price and action.

No matter what rod the consumer chooses, he/she will be assured of the fact that the products have been hand made to the highest standards. The company has also come up with an Original User Unconditional Lifetime Warranty, placed on all the Graphite Fly Rods and their entire series of Fly Reels. The other rods from Hardy come with a lifetime warranty against the manufacturing and material defects for the original buyer. The company also guarantees the consumer that it will be replacing and repairing the damaged products.

At present, Hardy offers nine different lines of reels, which reflect innovative design and rich heritage.

Posted By John Rizvi In Patenting Fishing Equipment, Tackle & Supplies 0 Comments

Florida Medical and Dental Device Patenting News

As a Florida patent attorney with an interest in medical and dental device patents, I try to keep an ear to the ground on new patenting and industry developments in Florida that are relevant to my practice of intellectual property law.  The potential increase in Florida's medical patent and dental patenting activity is one such development.
In a recent post in the BioHealth Investor, Florida is touted as one of the country’s next biotech hubs. According to the article, it all began when the Scripps Research Institute accepted a proposal for $500 million in financing to establish a biotech research hub in the state on the western fringes of Palm Beach County. 

Although Scripps has focused a lot of attention on Florida's life science industry, there is much to Florida's medical and dental manufacturing industry that is unrelated to Scripps.

Continue Reading Posted By John Rizvi In Florida Medical & Dental Device Update , Florida Patent Attorney Focused News & Updates , Patent Cases, News & Updates 0 Comments

Medical Technology Patent Litigation Solved By Alma Lasers

Medical technology patent litigation between Palomar Medical Technologies and Alma Lasers has been resolved. According to an article in send2press.com, Palomar is equipped with an exclusive license for hair removal patents in U.S, which are owned by General Hospital Corporation in Boston, Massachusetts.

Depending on the license agreement terms, Alma Lasers was provided a nonexclusive license by MGH and Palomar. The terms are in comparison to those that have been agreed to by other licensees of these particular patents. The patents also include medical aesthetic device companies, like Cutera and Cynosure.

After a period of nine years, Alma Lasers will be paying a 7.5% on-going royalty rate to Palomar on the hair removal products. Alma has also agreed to some trade dress concessions, which includes the Aria and Harmony product lines that are scheduled to be implemented over the next six months. Alma is however, certain that these trade dress modifications will be making a minimum impact on the company business strategy. It is also sure that there will be no hindrance to the present as well as future product development.

Posted By John Rizvi In Patenting Medical & Dental Products, Processes & Software 0 Comments

Disney's Intellectual Property Rights Infringed by Chinese Theme Park

As a Florida patent attorney with 3 kids dragging me to Orlando regularly to visit Mickey, I found this AP News Alert of special interest.  The Shijingshan Amusement Park in Beijing, China, is having to explain why their round-eared mouse dancing with kids is not a knock off of Disney's Mickey Mouse according to an AP News Alert issued Wednesday, May 9, 2007.  According to the article, they also happen to have a "raven-haired" woman with seven men in elf suits.

Many see the Beijing theme park as evidence of rampant Chinese copying of U.S. intellectual property.  According to the article, the industry group - International Intellectual Property Alliance - estimated losses to Chinese piracy of books, films, music and software last year at $2.2 billion.  Beijing has penalties for violators of patents, trademarks, copyrights, and other intellectual property but infringement is allegedly growiing faster than enforcement.

Posted By John Rizvi In Copyright Law , Disney's Intellectual Property Rights Infringed by Chinese Theme Park , Florida Patent Attorney Focused News & Updates , Patent Cases, News & Updates , Trademark Cases, News & Updates 0 Comments

Hurricane Safety Product Patent Awarded to Storm-Busters

As a Florida patent attorney practicing in Fort Lauderdale, Florida, I have seen my fair share of hurricanes in the past couple of years run through South Florida as well as my fair share of hurricane patents for a wide variety of safety products.  In this regard, a hurricane Safety product patent has been awarded to Storm-Busters, which offers a new concept of storm protection. According to an article published in www.floridatoday.com it is essentially a 16mm polypropylene vertical fluted panel bolted by one of 4 different Florida Building Code approved systems. The patented Storm-Busters is sold through Lowe's, which provides the   panels throughout the stores in Florida.   

The Storm-Busters come as a better alternative for Plywood or hurricane shutters usually applied to avoid devastating storms. Although a bit costlier, it is 300 % stronger than plywood and 75 % lighter than plywood. The product is resistant from moisture, mildew and mold, as well as bug free, waterproof and does not warp.  Moreover, Storm Busters allow 70% of natural sunlight into rooms and can last lifelong with little maintenance.      

The feasibility of Storm-Busters product is affirmed through ASTM E 1996 -03, that provides   standard specification for performance in Hurricanes. It authenticates the product to have passed the most stringent test for Hurricane storm protection systems. It has also cleared the missile impact - resisting winds equivalent to 155 mph and more. The Storm-Buster panels just put up in less than an hour before a storm can save a disaster of a hurricane.

Posted By John Rizvi In Patenting Hurricane Safety Products 0 Comments

Patenting Energy Products - Applied Scientific Research's New Energy Recovery System

Patenting energy products like Wasted Thermal Energy Recovery Systems introduced by Applied Scientific Research Inc. opens a new avenue for an energy saving system. According to an article in www.send2press.com this new system is exclusively designed to save tremendous energy and reduce expenditure

The Wasted Thermal Energy Recovery System recovers all the heat that escapes from  boiler shell,  un-insulated steam pipes the stack pipe, hot water heaters and other equipment in the boiler room, with the help of an heat exchanger (heat absorber), which has cold water running through it. The ceiling heat produced from the system supplies the three therms / hour needed to raise the inlet water temperature about 30-degrees F, which is directed into the water inlet, and supplied to the boiler.

The technology is expected to benefit hospitals, buildings, factories, schools and universities. The Wasted Thermal Energy Recovery System is a more practical investment and also more economical. To make the system fully beneficial Applied Scientific Research Inc. has decided to make it available for licensing.

Posted By John Rizvi In Patenting Energy & Environmental Products 0 Comments

Patenting Energy Products - Applied Scientific Research's New Energy Recovery System

Patenting energy products like Wasted Thermal Energy Recovery System introduced by Applied Scientific Research Inc. opens a new avenue for a new energy saving system. According to an article in www.send2press.com this new system is exclusively designed to save tremendous energy and reduce expenditure

The Wasted Thermal Energy Recovery System recovers all the heat that escapes from  boiler shell,  un-insulated steam pipes the stack pipe, hot water heaters and other equipment in the boiler room, with the help of an heat exchanger (heat absorber), which has cold water running through it. The ceiling heat produced from the system supplies the three therms / hour needed to raise the inlet water temperature about 30-degrees F, which is directed into the water inlet, and supplied to the boiler.

The technology is expected to benefit hospitals, buildings, factories, schools and universities. The Wasted Thermal Energy Recovery System is a more practical investment and also more economical. To make the system fully beneficial Applied Scientific Research Inc. has decided to make it available for licensing.

Posted By John Rizvi In Patenting Energy & Environmental Products 0 Comments

Financial Transaction Patent Granted To Authernative Inc. By China Patent Office

Security patentingA financial transaction security patent has been granted to Authernative Inc. by the People's Republic of China Patent Office and this according to an article in send2press.com, has brought forth a private and secured financial transactions method. Authernative Inc. is a developer of innovative identity management technologies and user and transaction authentication.

The patent has also brought for the first time a random partial PIN/password recognition algorithm for authentication of the account holder.

The patent explains an increased security as well as fraud protection system that helps the financial account holders in performing safe financial transactions with or without revealing the private personal details to the merchants. The method resembles a secure transaction-processing formulation from secured online and offline transactions which are initiated directly via the financial institutions where the consumers' accounts are found.

The new patent number 01143367.1 that is entitled to "System and Method For Private and Secure Financial Transactions," is an additive to alike patent issued in Australia, Canada and New Zealand.

Posted By John Rizvi In Patenting Business Methods, Advertising & Marketing Systems 0 Comments

Lawn & Gardening Patent Granted For A Laser Cutting Lawn Mower

As a Fort Lauderdale, Florida patent attorney, I enjoy a green lawn throughout the year due to our mild winters.  Unfortunately, this also means year round lawn mowing and garden work. 

Recently, a lawn and gardenging patent has been granted for a lawn mower with a laser cutting apparatus, as reported in an article in freepatentsonline.com.

The cutting apparatus is equipped with a plurality of rotating laser beams that serves for shredding vegetation. The apparatus contains a housing with sidewalls, which are stretched perpendicularly forming a downward opening. At the center of the housing lies an electrically driven laser-cutting device.

There is a transport device that can be connected to the housing to move the laser-cutting device and the housing along a surface covered by vegetation. The cutting device produces a laser beam, which rotates continuously at 360 degrees arc underneath the housing, with at least one laser beam being adjustable in angular direction to direct laser beams in different angles arching downwardly across the vegetation that is cut.   
 
The speed of cutting apparatus is proportional to ground speed across the vegetation being cut. In order to cut vegetation at different heights a plurality of rotating pairs of laser beams can be produced and   angled downward distinctly at angles apart from horizontal. This offers variably cut vegetation that adds to the beauty of the lawn.

Posted By John Rizvi In Patenting Construction & Lawn/Garden Tools, Equipment & Methods 0 Comments

Patented Automobile Parts Seller Acquires Auto Panels Plus

Keystone Automotive Industries, IncMajor acquisitions like Keystone Automotive Industries, Inc. taking over the assets of Auto Panels Plus, based in Tulsa, Oklahoma have given a new shift to the patented automobile parts market.  Auto Panels Plus operating in the Tulsa and Oklahoma City markets, recorded an estimated sales of $5.0 million for the past twelve months that ended on March 31, 2007. However, the terms of transaction are yet to be disclosed as reported in an article in www.primenewswire.com

With its 136 distribution facilities (22 of them serving as regional hubs) located across 38 states as well as Canada, Keystone Automotive Industries distributes its products to the collision repair shops. Keystone's product line includes bumpers, remanufactured alloy wheels, automotive body parts, paint and other such materials used to repair a damaged vehicle.

The acquisition is expected to promote Keystone's existence in both Tulsa and Oklahoma City regions and better company's potential to offer patented quality parts and best service. Rick Keister, Chief Executive Officer of Keystone feels, ''We look forward to capitalizing on opportunities to expand our customer base in this region."

Posted By John Rizvi In Patenting Automotive & Transportation Products 0 Comments

Baby Product Patents - The New Trend in an Old Industry

Baby and Infant product patents are, once again, the talk of this industrial sector.  According to a recent feature in www.send2press.com, Steelcore has inaugurated its recently patented security straps for children below the age of fourteen.

It has been observed by the National Center for Injury Prevention and Control that drowning records the second amongst most of the mishaps occurring upon kids. The recent innovation of the Steelcore includes a very tough steel-encased net material along with aircraft aluminum buckles carrying stainless steel locks that prevent children from falling victims to even minor accidents. However, the equipments of the cover straps take the minimal time for setting itself in a spa or a hot tub. Unlike any other standard spa cover it is far more durable and strong in its texture and promises the safest measure against the fatal accidents at the spas and hot baths.

Posted By John Rizvi In Patenting Infant & Baby Items 0 Comments

Patented Baby Products - Launching of Dana Undies, Inc.

Patented Baby products is the new fashion update of children's underwear manufacturer, Dana Undies, Inc.  According to an article in www.send2press.com, the giant manufacturer's creation of some exclusive and patented designer wear, namely, "Umbilicare" and "Flip-Lock Closure" can now be availed by logging on www.BabiesRUs.com.

The patented Umbilicare Bodysuit has been suitably designed for the just-born babies, still attached with their roots. This special bodysuit has a cut around the umbilical cord that allows the area to dry, well-keeping the comfort of the cherubim. The Flip-Lock Closure Bodysuit, on the other hand, provides the easiest mean of dressing the baby at frequent intervals with its soft Velcro closure. The soft cotton material of the dresses makes them the must-haves for all those newborn angels. Moreover, both the outfits can be availed in three packs, accompanied with various hanging toy accessories.

Posted By John Rizvi In Patenting Infant & Baby Items 0 Comments

Florida Patent Holder, Every Penny Counts, Inc., Sues Bank of America for Patent Infringement in Federal District Court in the Middle District of Florida

Florida Patent Holder and Inventor Files Suit Claiming Patent Infringement by Bank of America's "Keep the Change" ProgramFlorida patent holder and intellectual property company, Every Penny Counts, Inc., has sued Bank of America for patent infringement in the United States District Court for the Middle District of Florida.  As a Florida patent attorney, I find this case of particular interest. 

Every Penny Counts, Inc. is the owner of U.S. Patent No. 6,112,191 which describes a business method patent focusing on a savings/investing/donating program in its patent issued in August, 2000.

This case is just one more in a series of high profile patent infringement actions filed recently that illustrate the importance of securing patents for new business methods.  Patents are not just for "widgets" anymore.  According to a quote in Businessweek:

"In October, 2005, Bank of America brought out a radically different product that broke the paradigm. It's called 'Keep the Change.' The concept solves a critical banking problem -- how to get consumers to open new accounts. The product works like this: Every time you buy something with a BofA Visa debit card, the bank rounds up your purchase to the nearest dollar and transfers the difference from your checking into your savings account. It also matches 100% of transfers for the first three months, and 5% of the annual total, up to $250 a year. Since the launch, 2.5 million customers have signed up for 'Keep the Change.' Over 700,000 have opened new checking accounts and 1 million have signed on for new savings accounts."

In the Florida patent infringement lawsuit, the Cape Coral, Florida inventor, Bertram Burke, claims that he contacted Bank of America in December 2001 to gage the bank's interest in a licensing agreement that would allow the bank to use the system to generate new accounts.

The patent infringement complaint is available on Every Penny Counts, Inc.'s website.

 

 

Posted By John Rizvi In Florida Patent Attorney Focused News & Updates , Florida Patent Holder Sues Bank of America , Patent Cases, News & Updates 0 Comments

Boca Raton, Florida Patent Holder Files Patent Infringement Lawsuit Against InfoUSA, Inc.

Florida Patent Infringement Lawsuit Filed by Perfect WebFlorida: Boca Raton Patent Holder Files Patent Infringement Lawsuit Against InfoUSA, Inc.

Boca Raton patent holder, Perfect Web Technologies, Inc. filed a patent infringement lawsuit against infoUSA, Inc. of Omaha , NE in the US District Court for the Southern District of Florida according to a press release I received today.  The infringement lawsuit seeks damages and an injunction against further infringement.

The patent asserted in the lawsuit is U.S. Patent No. 6,631,400 entitled "METHOD FOR MANAGING BULK E-MAIL DISTRIBUTION" and protects key elements of processes used in the e-mail marketing and management industry.

A copy of the patent infringement complaint is available online.

Continue Reading Posted By John Rizvi In Boca Raton Patent Holder Files Patent Infringement Action in Florida Against InfoUSA, Inc. , Florida Patent Attorney Focused News & Updates , Patent Cases, News & Updates 0 Comments

Tow-N-Stow Achieves Patent Pending with Transportable Storage

Mobility meets storage with Tow-N-Stow, an encapsulated trailer that converts to a storage shed when not in use. Having reached patent pending status, Tow-N-Stow is designed for convenience when you need to haul large, heavy, or bulky loads with a small vehicle, as explained in an article in www.uiausa.org. The towing features of Tow-N-Stow are concealed when it is parked and provides a great relief for hobbyists, sportsmen, or contractors who can haul payloads safely using a watertight, lockable, lightweight trailer.

A lot of innovative ideas worth patenting come from paying close attention to the needs of ourselves and our friends in the midst of daily living. Keep a notebook to keep track of needs you see that are not being met. You never know when inspiration may strike.

Posted By John Rizvi In Patenting Construction & Lawn/Garden Tools, Equipment & Methods 0 Comments

Patent Application Quantity Not an Accurate Indication of Patent Quality

Hats off to Mark Reichel of The Daily Dose of IP Blog for his post regarding the U.S. Patent Office discontinuing its annual top ten patent holder list.

In the Patent Office press release, the PTO announced that it will no longer be publishing its annual ranking of the top 10 organizations obtaining the most U.S. patents in the preceeding year.  According to the press release, it is abandoning the list of top ten patent holders and "emphasizing quality over qualtity by discouraging any perception that we believe more is better." 

 About time.  I always wondered why the patent office focused so much attention on their "top ten list" as all it really did was provide those few "repeat customers" lucky enough to be in the "top ten" with bragging rights on their level of innovation.  

I wonder if the patent office's departure from this "strictly by the numbers" approach is the beginning of a new trend in the intellectual property field.  Are we finally able to look beyond the total number of patents in any defined segment before making broad generalizations based upon that number.

For example, as long as I can remember, the well known publication, Intellectual Property Today has tabulate its "Top Patent Law Firm" and "Top Trademark Law Firm" listings based EXCLUSIVELY on the number of patents and trademarks these firms obtained for their clients in any given year. 

The law firms near the top of this list invariably (like their corporate counterparts in the PTO's top ten listings) used their ranking in IP Today's top ten lists in their marketing materials. 

Perhaps such marketing efforts are persuasive--I don't know--but I welcome comments from in-house patent counsel as to what weight, if any, the IP Today annual top firm survey has on their choice of private patent or trademark counsel.

(As an aside: I am currently considering corrective laser eye surgery to eliminate my having to wear glasses and have narrowed my choice of surgeons down to a handful in the Fort Lauderdale / Miami Florida area---let me tell you...the number of eyes ZAPPED per year per doctor is not on my list of criteria!)

I am sure that rankings that go "strictly by the numbers" is the easiest and least controversial method of publishing listings of law firms and the PTO's top ten list.  But just because something is the "easiest and least controversial" does not mean that it is faultless.  From the perspective of a Florida patent attorney, I fail to see how a ranking by the numbers provides any indication of quality (as in the listings of patent law firms) or of innovation (as in the PTO's top ten listings).  

 

Posted By John Rizvi In Invention & Patent Basics , Trademark Basics , Advanced Patent Issues , Advanced Trademark Issues , Trademarks , Miscellaneous IP Topics , Patent Cases, News & Updates , Patent Language Critical , Patent Quality vs. Quantity , Patents , Trademark Cases, News & Updates 0 Comments

Patents for Environment Friendly People-Mover Buses

Village Technology SMRrTRAMThe "green patenting movement" has taken up a new dimension with the patenting of environment friendly battery-electric tram-buses from SMRrTRAM. According to an article in www.send2press.com Village Technology - an urban-solutions think-tank in Annapolis, Maryland registered a patent for its SMRrTRAM People-Mover design. It uses a unique know-how, which is capable of shaping affordable zero-emission electric buses into high-convenience people-movers for engorged urban corridors.

The SMRrTRAM design synchronizes the movements of electric tram-buses in opposite directions in a narrow, single, consecrated guidelane. Due to this synchronization, a pedestrian gets the opportunity to board a tram-bus moving along the route in either direction every 150 seconds from each stop. The new design is expected to hike the passenger carrying capacities up to 5000 people per hour. Most importantly the single SMRrTRAM guidelane can be inserted, on-grade, into virtually any existing streetscape without eliminating traffic lanes, which is advantageous for cities and traffic planners. 

"We believe SMRrTRAM offers a breakthrough opportunity for congested urban business and shopping corridors," feels John Alt founder and president, Village Technology.

Posted By John Rizvi In Patenting Energy & Environmental Products 0 Comments

Patent Pending Baby Products from Fleece Matches a Baby's Need for Softness and Care

Patent pending baby products by Fleece Baby Fitted Sheets has brought baby sheets that are luxuriously soft.  It has become the baby's favorite blanket according to the company. The sheets have deep pockets and have elastic for safety all the way round. The sheets are appropriately sized for suitably fitting the toddler beds and cribs. The sheets come in happy colors like blue, white, pink and yellow.

According to an article in mominventors.com, the safety sheets are being made from 100% polyester anti-pill polar fleece, which means that they do not shrink even after repeated washing. Fleece fabric is actually a non-inflammable, stain resistant and breathable material that is safe for the babies. The tactile baby sheets enable the baby to sleep for a longer time, as they are softer than the conventional cotton crib sheets. The fabric appears to be warm, soft and tactile for the baby.

The natural wicking effect of the fabric helps to keep the moisture away from the baby - this prevents as well as cures skin rashes like eczema.

Posted By John Rizvi In Patenting Infant & Baby Items 1 Comments

Review of Patent Attorney M. Henry Heines New Book Entitled "Patents for Business"

I was waiting to return to sunny Florida from a short two day visit to the patent office last week and, instead, I ended up stranded at Washington's Reagan airport for over eight hours. 

According to news reports of the massive snow and ice storm in the Northeast, I was not the only one.  Luckily I had brought a copy of a new book, "Patents for Business" by patent attorney Henry Heines and had time to complete it during the wait.

Although not written for patent attorneys, per se, a couple of the chapters still make for good reading for in-house intellectual property lawyers looking for practical advice on patent due diligence and strategy.  For patent attorneys, I advise skipping the early basic chapters on patent subject matter, novelty, and determining patentability and jumping right to patent portfolio referencing and other more advanced topics focusing on strategy.

Peter Zura does an excellent review of "Patents for Business" on his 271 Patent Blog and if  you are not a patent lawyer, you may want to read his review .  In fact, his blog makes for excellent reading and is a "must read" for anyone seriously interested in patent news and analysis.

Interestingly enough, the domain name PatentsforBusiness.com, does not direct you to a website for the book but instead takes you to a company website that claims to be "dedicated to the development of patent portfolios aimed at meeting the objectives, needs and requirements of your business".

I am not sure if there is any connection between the author and this website but if there is not...this underscores the importance of investigating potential conflicts with domain name registrations prior to any branding strategies whether that branding strategy be a new business name, product identity, or (as in this case) the title for a new book.

Posted By John Rizvi In Invention & Patent Basics , Advanced Patent Issues , Patent Cases, News & Updates , Patents 0 Comments

Clearwater, Florida Biotech Manufacturer Faces Patent Infringement Lawsuit

 

From the perspective of a Florida patent attorney, patent infringement litigation within Florida is always of special interest.  Recently, clearwater, Florida based biotech manufacturer, BioQuate, Inc., has been sued for patent infringement by Pall Corporation according to a press release on Pall Corporation's website this morning.Florida biotech manufacturer's allegedly infringes patent

The suit alleges that BioQuate is manufacturing and selling disposable aseptic connector devices (see image to the left) that infringe on a patent on Pall's Kleenpak ( trademark ) aseptic connector and seeks damages and an injunction preventing BioQuate from selling the infringing product.

The patent infringement lawsuit against Clearwater, Florida based BioQuate, Inc. has been filed in the United States District Court for the Eastern District of Pennsylvania.

According to Pall Corporation's website, its business has been organized into segments: life sciences and industrial and they provide products relating to biotechnology, pharmaceutical, transfusion, medicine, energy, electronics, municipal, industrial water purification, aerospace, transportation, and broad industrial markets.  Revenues for 2006 were $2.0 billion and the company is headquartered in East Hills, New York.

Bioquate, Inc., on the other hand, is a Clearwater, Florida, based biotech manufacturer providing the biotech industry with a narrowly focused line of disposable devices products. 

View the complete press release by Pall Corporation here.

Posted By John Rizvi In Clearwater, Florida Biotech Manufacturer Faces Patent Infringement Lawsuit , Florida Patent Attorney Focused News & Updates , Patent Cases, News & Updates 0 Comments

Upcoming Florida Patenting Explosion in the Biotechnology Arena?

Florida biotech patent mapAs a Florida patent attorney, I try to keep an ear to the ground on new developments in Florida that are relevant to my practice of intellectual property in the state.  The potential increase in Florida's biotech patenting activity is one such development.

In a recent post in the BioHealth Investor, Florida is touted as one of the country’s next biotech hubs. According to the article, it all began when the Scripps Research Institute accepted a proposal for $500 million in financing to establish a biotech research hub in the state on the western fringes of Palm Beach County.

After encountering some problems with environmental groups, Scripps made a decision to move their research center to Jupiter, Florida just north of West Palm Beach, Florida, one of Florida Atlantic University’s campuses. 

Continue Reading Posted By John Rizvi In Advanced Patent Issues , Florida Patent Attorney Focused News & Updates , Florida's patenting Explosion in Biotechnology , Miscellaneous IP Topics , Patent Cases, News & Updates , Patents 0 Comments

Yet Another Florida Patent Infringement Suit Makes Headlines

Disney Florida

In an article reprinted in the Orlando Sentinel, Phil Milford of Bloomberg News reports a patent infringement suit has been filed against  Walt Disney, Universal Studios, Busch Gardens, and other theme-park operators for allegedly infringing patents on magnetic brakes used on roller coasters.  Florida patent attorneys should find the complete article of interest:

Disney, GE, others face patent suit

General Electric Co.'s NBC Universal Inc., Walt Disney Co. and three other U.S. theme-park operators were accused of infringing patents on magnetic brakes used on roller coasters.

Safety Braking Corp., based in Newport Beach, Calif., claims the companies infringed patents won in 1994 and 2003. The defendants also include Busch Entertainment Corp., Six Flags Inc. and Cedar Fair LP.

Safety Braking holds exclusive licenses to the patents, one from Magnetar Technologies Corp., based in Seal Beach, California, and the other from G&T Conveyor Co., based in Tavares.

Continue Reading Posted By John Rizvi In Advanced Patent Issues , Florida Patent Attorney Focused News & Updates , Florida Patent Infringement Lawsuit Against Disney , Miscellaneous IP Topics , Patent Cases, News & Updates , Patents 0 Comments

Florida Intellectual Property Attorney Takes on Disney Company

As a Florida patent attorney and the author of the Florida Intellectual Property Law Blog, I often receive press releases and news submissions relating to Florida intellectual property matters.  I received the following press release today regarding another case by Florida intellectual property attorneys Silverman Santucci, LLP concerning alleged violations of Florida trade secret law:

For immediate release by PRceptions:

Tim Allen and Touchtone Pictures Sued Over Wild Hogs Rip-Off

One week before the national release of the much publicized John Travolta road comedy, Wild Hog's, Travolta's co-star, and Hollywood funny man, Tim Allen, and Disney's Touchtone Pictures, are being sued for theft of trade secrets under Florida law. The suit is still pending.

 If South Florida screen writers Steven Battaglia and Paul Danner get their way, and the Florida courts aprove, all money generated by the movie will be deposited in a trust fund pending the outcome of the lawsuit.

 The lawsuit claims that on two occasions, first in 2000 on the set of the Touchstone movie The Crew, and then again in 2002 on the set of another Touchstone release Big Trouble starring Tim Allen, Battaglia handed copies of his work to agents and representatives of Touchtone Pictures and to one of Tim Allen's personal assistants. Writer Steven Battaglia is a well known South Florida based hair dresser who works on movie sets in the area. Paul Danner is a author/screen writer with extensive credentials as well as being a police detective in South Florida.

Continue Reading Posted By John Rizvi In Advanced Trademark Issues , Trademarks , Copyright Law , Miscellaneous IP Topics , Patent Cases, News & Updates , Patents , Trade Secret Law , Trademark Cases, News & Updates , Unfair Competition Law 0 Comments

Medical Product Patent From Veridien Presents Its Viraguard Series Of Ready-To-Use Antimicrobials And Disinfectants

A medical patent by Veridien Corporation has brought forth the next generation of its patented Viraguard chain of ready-to-use disinfectants and antimicrobials for dental, medical and institutional markets.

According to an article in send2press.com, Viraguard that has been introduced about a decade ago is known to offer a highly effective and environmentally compatible solution for disinfecting hard nonliving surfaces. This is done under Viraguard's EPA disinfectant registration. It is also famous as a safe and effective hand sanitizer and as an OTC antimicrobial product under its FDA drug listing.

The formulation of the patented Viraguard makes use of Isopropanol (Isopropyl Alcohol) in its best concentration, which is combined with other ingredients. This abides by both the FDA and EPA requirements, as it does not need residue producing or harmful chemicals, like Phenol, Quaternary Ammonium, Chlorine, or Glutaraldehyde.

Viraguard is suitable for use in hospitals, ambulances, private practice offices, nursing homes, police, fire and paramedic vehicles. It is appropriate for using it wherever antisepsis and disinfections are critical.

Posted By John Rizvi In Patenting Medical & Dental Products, Processes & Software 0 Comments

Patenting Boats With "Legs"

As a Fort Lauderdale patent attorney with a special interest in boat patents and the yachting industry in general, I am lucky to be in a city of over 42,000 yachts and over 100 marinas.  Nevertheless, I have never come across a vessel as unusual as the one pictured to the left. 

According to an article relating to patenting boat designs  at thenewstribune.com . This 99-foot mystery vessel with legs was designed as a metallic spider riding on two pontoons appeared from a fog bank on the dock at Port of Ilwaco. The Spider boat attracted much attention, and the owner of the boat was still obscure when the photographs of the craft were released. 

Inventor and patent holder is Ugo Conti and his patent for the vessel was approved in April 2005. The description of the boat stated that the vessel had a pair of flexible hulls flexibly coupled to a 'cabin' between and above the hulls. This allowed the hulls to independently follow the surface of the water and the motor pods have been hinged to the back of the hulls.

Though there were no comments from the inventor when contacted by the thenewstribune.com, Conti's wife, Isabella accepted that the vessel was Marine Advanced Research's creation that is owned by Ugo Conti. She also cited that the team involved in operations was working under strict confidentiality agreements.

Posted By John Rizvi In Patenting Innovations in Recreational Boating, Marine Equipment & Accessories 0 Comments

Patent Applications Open to Public Online Commentary?

The United States Patent and Trademark Office has launched a community review project according to an article in the Washington Post.  The peer review project will post patent applications to the internet and invite comments on prior art submissions from the internet community.

The complete article can be found here and is reproduced below for your convenience:

 By Alan Sipres

Washington Post Staff Writer
Monday, March 5, 2007; 3:34 PM

 The government is about to start opening up the process of reviewing patents to the modern font of wisdom: the Internet.

The Patent and Trademark Office is starting a pilot project that will not only post patent applications on the Web and invite comments but also use a community rating system designed to push the most respected comments to the top of the file, for serious consideration by the agency's examiners. A first for the federal government, the system resembles the one used by Wikipedia, the popular user-created online encyclopedia.

 

Continue Reading Posted By John Rizvi In Advanced Patent Issues , Miscellaneous IP Topics , Patent Application Online Commentary , Patent Cases, News & Updates 0 Comments

Sports Goods Patent Proves Crucial For Innovative Smartknitactive Athletic Socks

Smartknitactive Athletic SocksSecuring sporting goods patents is an essential business strategy for SmartKnitACTIVE Athletic Socks. The socks are a great relief for athletes, helping prevention of blisters, controlling foot odor and reducing moisture as per an article released in www.send2press.com. Patented SmartKnitACTIVE socks come with one of the most innovative designs that eliminate all the damaging ridges, seams and especially blister-causing pressure points. It offers a perfectly unseamed and form-fitting design that prevents blisters.

During the performances, the athlete's feet sweats and are damped. The moisture in the socks causes blister-causing friction, odor and bacterial infection. The SmartKnitACTIVE socks have CoolMax (R) high-tech moisture wicking fibers that help to absorb moisture and ensure that the socks are dry. Further the X-STATIC(R) SmartKnitACTIVE socks have a layer of pure silver permanently bonded to its surface, which reduces odor causing bacteria and athlete's foot fungus. 
 
A review from triathlon competitor Mike Swenson for SmartKnitACTIVE socks quoted "No blisters, no soreness."

Posted By John Rizvi In Patenting Exercise Equipment and Recreational Sporting Goods & Methods 0 Comments

Patenting a Tool Organization System

patented ToolsAway garden toolsPatented tool and garden organizer helps keep a maximum of 17 garden tools safely in an organized manner. As reported in an article at uiausa.org it is the only "spaceonomical" tool organizer in the world and is extremely user-friendly.

ToolsAway permits you to stash securely long-handled garden tools like shovels, rakes, brooms and many more tools. The handle of a tool is inserted first into the base and this occupies not more than four feet of wall space and just one foot of floor space. The invention also allows easy and effortless retrieval of the tools.

ToolsAway prevents tools from falling and causing unwanted injuries and accidents. The user need not fear loss of tools in the tool shed or the garage with this invention. The unit also helps in keeping the tools free of rust and makes them last longer, moreover, the tools can also be conveniently cleaned with a garden hose.

Posted By John Rizvi In Patenting Construction & Lawn/Garden Tools, Equipment & Methods 0 Comments

Fort Lauderdale Based Diabetes Testing Product Manufacturer, Home Diagnostics, Inc. Successfully Defends Against Patent Infringement Litigation

As a Fort Lauderdale patent attorney, I closely follow patenting news relating to the medical device industry as we have several clients in this technology group.  Of particular interest is new patent infringment cases filed and their successful resolutions.  In this regard, I recently came across a press release by Ft. Lauderdale diabetes testing equipment and supply manufacturer, Home Diagnostics, Inc. regarding a summary judgment in their favor for non-infringement of patents held by Roche Diagnostics Corporation.

The case was filed in the United States District Court, Southern District of Indiana and a link to the full press release by the Ft. Lauderdale, Florida company's website can be accessed by clicking here.

Posted By John Rizvi In Advanced Patent Issues , Alleged Fort Lauderdale Patent Infringer Successful in Defense , Florida Patent Attorney Focused News & Updates , Miscellaneous IP Topics , Patent Cases, News & Updates , Patents 0 Comments

Florida Technology Companies Showcase Home Technologies at Electronic House Expo in Orlando, Florida

Innovative Home ProductsInteresting read from BusinessWire for those active in Florida's home innovation industry.  The complete article follows below:

ARLINGTON, Va., BUSINESSWIRE -- More than 45 Florida-based technology companies will showcase their latest home technology products at the Electronic House Expo (EHX) Spring 2007. Sponsored by the Consumer Electronics Association's TechHome Division, the show runs March 8-10 at the Orange County Convention Center in Orlando, Florida.

 Named by Tradeshow Week magazine as one of the fastest growing tradeshows in America, EHX introduces the latest technologies, products and market trends in the custom electronics industry to a growing number of attendees each year. This March, EHX will draw more than 11,000 industry professionals from across the custom electronics world and showcase more than 325 exhibitors, conference sessions and full-day educational boot camps.

EHX Spring 2007 is gearing up to be the largest in show history and a must-see event for the custom electronics industry. In addition to cutting-edge technology and product debuts, EHX serves as a meeting ground for networking opportunities with peers and industry leaders.

Continue Reading Posted By John Rizvi In Florida Technology Companies Showcase Patent-Pending Innovations , Patent Cases, News & Updates 0 Comments

Marine Equipment Patent for A Lightning Rod

A marine equipment patent has recently issued for a new and novel lightning rod.  According to an article posted in yachtinsure.com, this patent is licensed selectively to Marine Lightning Protection Inc.

The original lightning rod was invented by Benjamin Franklin in 1750. This lightning rod served the purpose of protecting the ships. Franklin later concluded that a lightning rod could shield a building from the strike of a lightning by providing an appropriate path for the current to flow.

This scientific technology is still going through modern-day refinements for the marine protection. Ewen Thomson of the University of Florida applied the traditional science that has been used in lightning protection systems for the purpose of ground installations.

According to Dr. Thomson, the removal of the invalid key assumptions in the traditional model and the reinterpretation of the fundamental science have brought forth a new model, that allowed the development of the innovative technology by overcoming the practical limitations of the traditional model.

Posted By John Rizvi In Patenting Innovations in Recreational Boating, Marine Equipment & Accessories 0 Comments

Pediwear Gets High Marks with Patent Pending Baby Footwear

Just when you thought there couldn’t be anything new in babies’ footwear, Pediped has achieved patent pending status with a design patent that will cover 30 exclusive, attractive baby shoe designs. Kiddystyle.com touts the near patented footwear as a unique combination of quality, comfort, and style. The premium-grade leather used in the shoes comes with two layers of leather on the soles, along with a foam cushion, which offers special protection to a baby's feet. The shoes are hand-stitched around the soles to ensure proper ventilation, and it also guarantees endurance to help the shoes survive the toughest of wear and tear.

Pediatrician’s recommend Pediped footwear for their soft, cushioned leather soles and velcro fasteners, which are ideal for little ones just learning to walk and are appropriate inside or out. Designs include everyday loafers, ultra-cool athletic styles, and classic Mary Janes. Congratulations to the inventors, as Pediped footwear has received the prestigious award of American Podiatric Medical Association’s "Seal of Acceptance" and has also been featured as the "most recommended children's footwear" in the 2007 Consumer Report’s Best Baby Products guide.

Posted By John Rizvi In Patenting Infant & Baby Items 0 Comments

Patent Attorneys and Others Breathe Sigh of Relief

    The dialogue this week among patent attorneys and others interested in patenting centers around a recent letter from the Department of Commerce in reference to the Patent Reform Act of 2007. This act effects patenting across the U.S. and here in Florida. Patent Attorneys and other innovators are relieved, in particular, at the rejection of section 4. For the entire congressional letter, click here.

    Section 4 of the Patent Reform Act contains language that would decrease the barriers to patent infringement. As a Florida Patent Attorney, I am in agreement with those who believe section 4 would not only reduce those barriers--it would likely encourage patent infringement.

    Continual innovation is something for which I am ardently supportive, and I have been concerned about the potential detriments of section 4 throughout the Patent Reform Act's passage. Amid the stir of response and commentary, I am delighted that others are as pleased with this outcome as I am.

    As of now, we can keep the innovations flowing from my home town of Ft. Lauderdale, Florida, and nationwide.  Florida Patent Attorneys, patent attorneys nationwide, and the clients we serve can all rest a little easier. Posted By John Rizvi In Florida Patent Attorney Focused News & Updates , Patents 0 Comments

West Palm Beach Venture Capitalist Conference

The Palm Beach Post reports that the Florida Venture Forum invited 27 start-up companies to present their business plans at the Florida Venture Capital Conference at the Boca Raton Resort and Club.

Two South Florida companies that were schedule to appear where (1) DayJet Corp. of Delray Beach, a company developing on-demand short-haul jet service and founded by Ed Iacobucci, who also created Fort Lauderdale-based software maker Citrix Systems, and (2) Multiply Inc. of Boca Raton, a social networking website aimed at adults who are looking for ways to share photographs and communicate with family and friends.  This company was founded by former CBS sportsline.com executive Pete Pezaris.

 

Continue Reading Posted By John Rizvi In Trademarks , Miscellaneous IP Topics , Patent Cases, News & Updates , Patents , Trademark Cases, News & Updates 0 Comments

Florida Patent Holder Urges Patent Office to Lift Secrecy Ban on Their New Inventions

Secrecy News reports that a Florida company names Space Propulstion Systems, Inc. announced recently that it had peitioned the U.S. Government to lift a secrecy ban that has been imposed on two of its rocket propellant concepts.

The government may restrict the publication and dissemination of information regarding new inventions under the Invention Secrecy Act of 1951, if their disclosure could be "detrimental to the national security."

Continue Reading Posted By John Rizvi In Florida Patent Attorney Focused News & Updates , Florida Patent Holder urges Patent Office to Lift Secrecy Ban on Their New Inventions , Patent Cases, News & Updates , Patents 0 Comments

Florida Chain Store Kash & Karry to Stock Bag Carrying Tool

 

According to an article in The Journal News, Mark Eichenbaum had previously struggled to assist his grandmother haul groceries from the car to her apartment.  He then hit upon a good idea.

Last year, he set about turning his idea into a reality.  Presently, his invention is hitting the stores, and he is about to quit his job as a longtime car salesman.

Eichenbaum invented the Baggler - an ergonomic handle with hooks that makes carrying plastic bags a lot less cumbersome.  Daniel Becker, store owner and manager of the Jefferson Valley Pharmacy, said he almost sold out of the 24 packages he started with a few weeks ago.  They retail for $4.99. 

Continue Reading Posted By John Rizvi In Florida Chain Store Kash & Karry to Stock Patented Bag Carrying Tool , Florida Patent Attorney Focused News & Updates , Patent Cases, News & Updates , Patents 0 Comments

Safe Access Near or Far with Patented Remote Access

Corporate Safe Specialists (CSS) are helping to protect our goods with their patented electronic safe locking mechanism. Send2press.com details CSS’s invention, which involves using a computer to operate an electronic safe lock via a series of electronic signals.


This gives users control of their safe even from a remote location. According to President of CSS, Ed McGunn, "This technology will dramatically increase control over safe input and output both onsite and remotely.'' It’s also convenient, a big driver in patented innovations these days.

Posted By John Rizvi In Patenting Household Consumer Products 0 Comments

Patenting Games In UK Undergoes Changes

As a Miami patent attorney with a number of clients having inventions relating to toys and games and interested in patenting overseas, I follow changes to toy and game patents in the U.S. and abroad.

Patenting games in the UK is undergoing changes in procedure. According to a post in out-law.com, the UK Patent Office has declared a change in the manner it will be examining patent applications for the inventions related to games, following a recent court ruling that announced the present practice to be out-dated. The Comptroller General of Patents, Designs and Trade Marks had confirmed that the Official Ruling will no longer assess the patentability of games, by issuing a Practice Note.

Till date, the Patent Office was dependent on an Official Ruling of 1926 during determining the game-related patent applications. This Ruling denoted that the games are conventionally patentable and are subjected to objections like lack of originality.

The recent case of Shopalotto.com (an online lottery game) has raised the question of traditional patentability. The Court was astonished that the present practice was still dependent on the old ruling. As per the article at out-law.com Mr. Justice Pumfrey went on to say that a 1926 Official Ruling couldn't be a valid guide to the 1977 Patents Act interpretation.

Posted By John Rizvi In Patenting Toys & Games 0 Comments

Florida Venture Blog Excellent Resource for Intellectual Property Entrepreneurs

Dan Rua, an experienced early-stage venture capital investor with a technology foundation and product design, development, and management experience, is the author of Florida Venture Blog.  The blog, described as "a running perspective on Florida's growing tech and venture community," provides valuable information for those individuals seeking to build companies by innovative means.

Currently a manager at Inflexion Fund, Mr, Rua's experience includes a partnership with Draper Atlantic, participation in finding and building thirty-two companies and managing funds totaling over $140 million, as well as teaching entrepreneruship and venture capital seminars at various educational institutions.

The Florida Venture Blog is considered one of, in not the, leading blogs on tech, entrepreneurship, and venture capital around Florida.

In addition to consulting a Florida Patent Attorney to assist with intellectual property issues, exploring ways in which to start up or enhance a business is definitely advisable.

 

 

Posted By John Rizvi In Trademarks , Copyright Law , Franchise Law , Miscellaneous IP Topics , Patent Cases, News & Updates , Patents , Trademark Cases, News & Updates 0 Comments

Miami Intellectual Property Attorney's Blog Entitled The Counterfeit Blog

An excellent resource for Miami and Florida intellectual property issues is the Counterfeit Blog, concentrating on anti-counterfeiting law and policing.  The blog is published by Miami, Florida Attorney Leora Herrman, who has been fighting counterfeiters for more than a decade.

Ms. Herrmann's legal expertise includes anti-counterfeiting, copyrights, licensing of trademarks,  patents and celebrity rights of publicity, U.S. and international trademark protection, and copyright law.  For interesting, informative, and insightful articles, this is definitely a site to check out at www.counterfeitblog.com.

 

Posted By John Rizvi In Trademarks , Copyright Law , Florida Patent Attorney Focused News & Updates , Miami Intellectual Property Attorney's Blog Entitled the Counterfeit Blog , Patent Cases, News & Updates , Patents , Trademark Cases, News & Updates 0 Comments

Patent Infringement Lawsuit Against Pompano Beach, Florida, Company, PedMed Express, Inc. Settled

Florida Patent Infringement Alleged Against PetMed Express, Inc.More Florida patent infringement lawsuit news today on PRNewswire.  Read the complete article about PetMed Express, Inc.'s alleged patent infringement lawsuit and settlement via license agreement on PRNewswire or below:

PetMed Express, Inc. and Ronald A. Katz Technology Licensing, L.P. Settle Patent Lawsuit and Enter Into License Agreement
LOS ANGELES, Jan. 23 /PRNewswire/ -- PetMed Express, Inc.,
headquartered in Pompano Beach, Florida, and Ronald A. Katz Technology
Licensing, L.P., headquartered in Los Angeles, announced today the
settlement of patent litigation between the parties and that, as part of
the settlement, PetMed Express, Inc. has agreed to pay an undisclosed sum
for a nonexclusive license under a comprehensive portfolio of patents that
Katz owns relating to interactive voice applications.
Continue Reading Posted By John Rizvi In Florida Patent Attorney Focused News & Updates , Patent Cases, News & Updates , Patent Infringement Lawsuit Against Pompany Beach, Florida, Company, PedMed Express, Inc. Settled 0 Comments

Patented SIDS Alert to Keep Babies Safe

SIDS AlertKeeping babies safe is paramount for parents, and the newly patented SIDS Alert alarm is likely to assuage parental concerns over their sleeping infants. Sudden Infant Death Syndrom affects approximately 2,500 U.S. families annually, with the American Association of Pediatricians long recommending that babies sleep on their backs.

SIDS Alert makes parents aware when their infants roll onto their stomachs, consequently putting them at risk for SIDS. As described at www.send2press.com, SIDS Alert patents a two-part system including a minuature transmitter secures to baby’s diaper without causing discomfort and a small parent receiver that can be either worn using a lanyard or clipped onto a belt. It emits an alarm when babies roll onto their stomachs.

Posted By John Rizvi In Patenting Infant & Baby Items 0 Comments

Florida and California Inventors Patent Plasma Process

According to an article posted on Reed Electronics.com, Kent Rossman of Orlando, Florida, along with Zhong Qiang Hua of Saratoga, California, Zhengquan Tan of Cupertino, California, and Zhuang Li of San Jose, California, has developed a new multistep remote plasma clean process which was originally filed on May 21, 2002 and has now become a registered patent.

The invention relates to a "process for removing unwanted deposition build-up from one or more interior surfaces of a substrate processing chamber after depositing a layer of material over a substrate disposed in the chamber," according to the United States Patent & Trademark Office.

 

Continue Reading Posted By John Rizvi In Florida & California Inventors Patent Plasma Process , Florida Patent Attorney Focused News & Updates , Patent Cases, News & Updates , Patents 0 Comments

Patenting Lifestyle Innovations Drives Maclaren's Success

There’s a tremendous business opportunity in baby strollers, with contemporary moms always on the lookout for the next best in stylish, convenient innovation. According to an article at www.babyuniverse.com, the Maclaren Baby Buggy has been touted as one the top one-hundred clever inventions in the book Century Makers, which highlights patented inventions that have dramatically changed the lives of consumers over the last century.

This invention owes its genesis to Owen Maclaren who designed and patented his prototype Baby Buggy in 1965. Maclaren developed the structure using modern lightweight materials such as tubular aluminum, which could even bear the weight of a fairly bulky child and then fold compactly. The merit of his new design was its lightness, weighing approximately 6 lb (3kg). In addition, the three dimensional folding mechanism was a convenience feature, making it simple and easy to tote.

Maclaren's Company has expanded substantially, introducing a range of innovative patented products since the first Baby Buggy was launched. Their specialty is lifestyle-focused innovation, an overall trend that continues to lead innovation in a wide range of categories.

Posted By John Rizvi In Patenting Infant & Baby Items 0 Comments

Mark Twain, Born in Florida, Mo, and Better Known as an Author and Humorist Was Also an Inventor and Patent Holder

When most people think of Samuel Clemens, or Mark Twain as he has penned himself in his writings, they think of the famous author and fondly recall reading his well known works Huckleberry Finn and Tom Sawyer.

Few realize that Mark Twain, born in Florida, Mo., was also an aspiring inventor and the holder of three U.S. patents.  From what little Mark Twain wrote of patents in his fiction, it appears as if Mark Twain believed strongly in the U.S. patent system and its benefits to society.

In his book, A Connecticut Yankee in King Arthur's court, he has the Connecticut Yankee say the following about the patent office:

"...the very first official thing I did in my administration-and it was on the very first day of it too-was to start a patent office; for I knew that a country without a patent office and good patent laws was just a crab and couldn't travel anyway but sideways and backwards."

 

Posted By John Rizvi In Invention & Patent Basics , Advanced Patent Issues , Patent Cases, News & Updates , Patents 0 Comments

Ionic Silver Complex Technology Achieving Multi-Country Patents

In the last century, we've witnessed colloidal silver and silver nitrate being used extensively in the medical field. Invision International plans to capitalize on this and has obtained a U.S. Patent for their "Ionic Silver Complex" technology according to an article at send2press.com. Invision International is a pioneer in the field of ionic silver use in humans and has patented the technology in New Zealand and Australia. Additionally, patents are pending in Japan and Europe.

Jay Newman, President of Invision International says that the patented technology symbolizes a giant leap in the internal delivery of silver ions within the human body.  He further adds that citrate is the perfect carrier for the effective delivery of silver ions for human use, and that is why it has been chosen as an integral component within the patented technology. The claims of Invision's patent are broad in scope, so they will be able to leverage their technology against a wide range of counter-ions and complexing agents. When selecting a registered U.S. Patent Attorney their ability to deliver the broadest claims possible is an important consideration, as the more broad the claims, the more broad the marketplace opportunities will extend.

Continue Reading Posted By John Rizvi In Patenting Medical & Dental Products, Processes & Software 0 Comments

U.S. Patent & Trademark Office Announces Re-examination of Patent in Lawsuit

Business Wire reports that the United States Patent & Trademark Office will reexamine U.S. Patent No. 6,725,438.  This patent is one of three at issue in a lawsuit between Magma Design Automation, Inc. and Synopsys, Inc., pending in the U.S. District Court in the Northern DIstrict of California.

In light of this decision, the USPTO is currently in the process of reexamining two of the three patents in the lawsuit and will soon render a decision as to whether a rexamination of the third will occur.

 

Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 1 Comments

The Auger Buddy Fishing Equipment Patent Is Still Pending

If you're an ice fisherman, the patent pending Auger Buddy may make your fishing trips easier. The inventors of the Auger Buddy have recently reached the patent pending stage for their lightweight, hand-operated sled, which transports the power auger and other ice fishing equipment across ice and snow. An article at www.pr.com touts the Auger Buddy as a hassle-free solution for carrying equipment and tackle to and from fishing holes. It's convenient, and it also gives fisherman more time to fish and less time lugging.

You'll see that many new inventions capitalize on convenience and work to give people more time. In this time-pressed culture, we need all the extra moments we can get.

Continue Reading Posted By John Rizvi In Patenting Fishing Equipment, Tackle & Supplies 0 Comments

Hurricane Safety Equipment Patenting For Hurricane Harness

Here's a patented invention to keep homes safe during hurricane season. The Hurricane Harness is an invention that provides "seat belts for your roof" and is designed to keep roofs from being pried off in the event of high speed winds, according to hurricaneharness.com. Roofs are most endangered portion of a house during a hurricane, because a vacuum or suction is created over the roof as the wind enters a room through the doors and windows. This creates an internal pressure in the building, resulting in roof loss and, consequently, devastating home damage. 

The patented Hurricane Harness system is designed to endure the pressure and lift created even by major hurricanes. The system claims to retain the integrity of structure against hurricane winds of speed 150 mph, capable of Category 4 or Category 5 hurricanes that may exceed even 155 mph.

Continue Reading Posted By John Rizvi In Patenting Hurricane Safety Products 0 Comments

United States Patent & Trademark Office Rejects Hexagon Patent Claims

According to an article in Antara news, the United States Patent & Trademark Office has rejected key claims in the Hexagon '148 patent.  The rejection was made during a Reexamination Proceeding that was originally initiated by FARO Technologies, Inc.  Included in the rejected claims are all the claims involved in the ongoing Hexagon '148 patent infringement case filed by Romer-CimCore, a subsidiary of Hexagon, AB, and also FARO's largest competitor.

Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

MIAMI COMPANY FACES PATENT INFRINGEMENT LAWSUIT

According to an article in the Miami Herald, Texas athletic shoe maker Heelys has targeted Miami-based Levy Marketing in a patent infringement lawsuit filed in federal court.  Similar suits by Heelys have been filed in Orlando, Los Angeles, and Sherman, Texas over the past month.

Heelys is attempting to try and stop what it calls "knockoff" versions of its product from unauthorized sales.  The lawsuit against Levy Marketing accuses the company of selling knockoffs of the Heelys to "kiosk retail outles in various malls" throughout the country.

 

Continue Reading Posted By John Rizvi In Florida Patent Attorney Focused News & Updates , Miami Company Faces Patent Infringement Lawsuit , Patent Cases, News & Updates , Patents 2 Comments

Florida Technology Company "Just Says No" to Hurricanes and Relocates to Michigan

 

According to an article in MITechNews.com, a website owned by the Michigan News Network, three hurricanes prompted CEO John Bonaccorso of 9thXchange to look for gentler climates within which to conduct business.  The Florida technology company moved from Melbourne, Florida, to Ann Arbor.

Many of the company's more than twenty five developers and system architects are leaving Florida to join the new headquarters in Ann Arbor.  Click here for the complete article.

News like this illustrates that we may never be able to measure the full impact that the past few stormy hurricane seasons have had on Florida's technology industry (and likewise Florida patent attorneys).

Posted By John Rizvi In Florida Patent Attorney Focused News & Updates , Florida Technology Company Escapes Hurricanes for Good , Patent Cases, News & Updates 0 Comments

Intellectual Property Law Certification First in Florida

The Tampa Bay Business Journal reports the approval of the nation's first legal specialty in intellectual property law by the Florida Supreme Court.  This certification will be one of 22 certification areas available in the state.

Florida Bar president, Henry M. Coxe III, appointed a nine-member certification committee to review credentials of applicants, develop policy implementation standards approved by the Florida Supreme Court, and draft and administer the first examination to those lawyers whose practices primarily consist of patent application prosecution, patent infringement litigation, trademark law, and copyright law.

Appropriate certificates identifying lawyers as "Board Certified Intellectual Property Lawyers," will be issued to attorneys in good standing of The Florida Bar who meet the standards prescribed by the state's Supreme Court.

Continue Reading Posted By John Rizvi In Trademarks , Florida Bar Intellectual Property Law Certification , Florida Patent Attorney Focused News & Updates , Patent Cases, News & Updates , Patents , Trademark Cases, News & Updates 0 Comments

Intellectual Property Rights Key to Economic Growth in South Florida

uspto_seal.jpg

West Palm Beach, FL. - According to a Press Release posted on the United States Patent & Trademark Office website, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO) Jon Dudas today told members of the Business Development Board's Life Sciences Cluster Committee that protecting intellectual property against piracy and counterfeiting is a key part of economic growth, particularly in southeast Florida.

Continue Reading Posted By John Rizvi In Florida Patent Attorney Focused News & Updates , Intellectual Property Rights in Florida Key to Economic Growth , Patent Cases, News & Updates , Patents 0 Comments

Patenting Fishing Equipment Like Modular Fly Fishing Reel Prevents Genuine Innovation

As a Miami patent attorney, I live less than a 90 minute drive from Islamorada in the Florida Keys-reputed to be the sportfishing capital of the world and have a special interest in fishing and fishing patents.

Patenting fishing equipment is a niche practice area of the firm and the patented quick release modular fly-fishing reel caught my attention.  As per an article at freepatentsonline.com, the patented modular fly fishing reel comes with several characterized features that make it unique. Its boasts of a changeable spool, flexible drag and a reversible clutch mechanism. The equipment invented by Robert W. Koelewyn is enclosed within a frame of sidewalls. Usually, it has a removable cylindrical axle cartridge mounted on the mounting socket of the frame side wall.

The spool has a removable hub, which is secured on the axle tube through a quick release mechanism.  The axle cartridge consists a drag assembly that is adjustable through a drag nut located close to the frame side wall. The drag is adjustable through the drag knob, which turns with the spool. Further the drag could also be adjusted through the number and type of drag washers as well as the spring present to compress the drag washers. The modular Fly fishing reel offers a genuinely well set mechanism for the anglers.

Posted By John Rizvi In Patenting Fishing Equipment, Tackle & Supplies 0 Comments

Florida Patent Attorney Addresses Adding Value to Patent Applications

In his Intellectual Property Counsel Blog post entitled " A Litmus Test to Identify Exceptional Patent Attorneys ", in-house Florida intellectual property attorney Todd Mayover provides a good overview of things that distinguish a " good patent attorney "from an "exceptional patent attorney ". 

In particular, he writes:

Adding value to patents requires a complete understanding of an invention, knowledge of the current state of the field of art, the ability to identify how an invention fits in to the industry or market, and the ability to identify and distinguish the closest competitors.

I could not agree more with this statement but feel the need to question sometimes the way that in-house attorneys make their hiring decisions for patent prosecution work.  Many times, outside counsel are chosen on the basis of firm and name partner reputations without any inquiry at all on who will actually be doing the work. 

There is nothing wrong with this, of course, as long as the attorney and partners that were responsible for building a law firms reputation are the same ones that will work on your matter.  If they are not the ones actually doing the work on a company's application, however, in-house intellectual property lawyers should question why they are paying for a senior partner's billing rates when a "wet behind the ears" new associate is actually the one doing the "heavy lifting" on the patent application draft.

 

 

 

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Advanced Patent Issues , Choosing a Patent Attorney in Florida , Florida Patent Attorney Blog Addresses Value Added Patent Applications , Florida Patent Attorney Focused News & Updates , Miscellaneous IP Topics , Patent Cases, News & Updates , Patents 0 Comments

Patented Red E. Bag Aids the Nausea Prone

Red E BagFor those susceptible to vomiting, the newly patented Red E. Bag provides discreet relief. Stylish, small, and designed to look like a small clutch handbag, travelers, pregnant women, and cancer patients have found comfort in Red E. Bag when the unavoidable happens. According to an article at send2press.com, it features a removable black plastic liner, which opens wide and can hold up to a half gallon of liquid. Additionally, there is a zippered pocket on the front for tissues and mints.

Inventors Jodi and Jim Carr of As We Grow, LLC. announced they will donate ten percent of its October  retail sales to the National Breast Cancer Foundation.

Continue Reading Posted By John Rizvi In Patenting Medical & Dental Products, Processes & Software 0 Comments

Mother Nature Offers Patenting Opportunities

Mother Nature offers inventors ample opportunity to stretch their inventive muscles. Patent pending storm-proof shutters by StormSecure aim to keep shutters on homes during heavy storms. The patent pending aspect of their Bahama and Colonial shutters are their extruded aluminum and double-walled tubular slats design, which shows how patentable ideas exist in even the most common of categories.

StormSecure's assembled shutters offer a thermal curing powered paint finish in a variety of colors. StormSecure decided to patent their idea as a superior design that can withstand the impact of even a large projectile without using a back panel of any kind. The shutters can be fastened internally or externally.

Continue Reading Posted By John Rizvi In Patenting Hurricane Safety Products 0 Comments

Patented Mommy Bib Keeps PARENTS Dry

The infant product category has seen a surge in patenting, as companies and inventors respond to the endless needs of babies and their parents. One example is the patented Mommy Bib, recently retooled and relaunched by Mommy Bib, Inc., which is a wearable burp cloth to keep parents' clothes free of inevitable accumulations of spit up and drool. Send2Press.com reports that Mommy Bib has received a patent for the invention, though you wonder how many of us may just as well come up with it ourselves.

Easy to wash and wear and affordable, the Mommy Bib's distinguishing feature is a surface upon which teething babies can safely chew. A comfortable terry cloth lining absorbs wetness, while a nylon covering underneath secures dryness.

Continue Reading Posted By John Rizvi In Patenting Infant & Baby Items 0 Comments

Florida Patent Infringement Suit Filed by M Ship Co.

stiletto_home.jpg

According to a press release on PJM News, M. Ship Co. has filed a patent infringement lawsuit against ICE Marine Ltd., a UK company. The suit was filed in the U.S. District Court for the Southern District of Florida. M Ship Co. is seeking to enforce its patent rights regarding its M-hull boat technology.

Continue Reading Posted By John Rizvi In Florida Patent Attorney Focused News & Updates , Florida Patent Infringement Lawsuit Faced by M Ship Co. , Patent Cases, News & Updates , Patents 0 Comments

Potential Boca Raton, Florida Patent Holder Initiates Patent Search

According to an article appearing in Genetic Engineering News, Neptune Industries, Inc. announced they have initiated a patent search in preparation for filing a patent application with the United States Patent & Trademark Office for a proprietary nutritional component and animal diet with significant applications.

Continue Reading Posted By John Rizvi In Florida Patent Attorney Focused News & Updates , Patent Cases, News & Updates , Patents , Potential Boca Raton Patent Holder Initiates Patent Search 0 Comments

Energy Product Patent For Generators To Replace Fossil And Uranium Fuels

Magnetic Power IncMagnetic Power, Inc. (MPI) is helping make the world greener, according to an article at pesn.com. The United States Patent and Trademark Office published the company's first patent application for its valuable Solid State Electric Generator, the first of its kind, which produces electric power without any moving parts or need for fuel.

The generators, which have no need of fossil or uranium fuels, feature a modular design that allows several units to be combined to produce larger amounts of energy in a system analogous to combining solar (photovoltaic) cells. An exclusive feature is the company's Magnetic Power Modules that can operate day and night, every day of the year in all weather conditions.  

By the end of 2007, MPI predicts that the modules would combine to power a home. Continue Reading Posted By John Rizvi In Patenting Energy & Environmental Products 0 Comments

Florida Patent Application Pending on Hurricane Help Network

The Sun-Herald reports that southwest Florida entrepeneurs are launching a hurricane self-help network, prompted by the last two hurricane seasons and the government's limited ability to provide relief.

Continue Reading Posted By John Rizvi In Florida Patent Application Pending on Hurricane Help Network , Florida Patent Attorney Focused News & Updates , Patent Cases, News & Updates , Patents 0 Comments

USPTO Requesting More Timely and Useful Information From Patent Applicants

The United States Patent & Trademark Office posted the following article on their website which may be of interested to those seeking patent protection:

As part of its ongoing efforts to promote investment in innovation and spur economic growth, the Department of Commerce's U.S. Patent and Trademark Office (USPTO) today announced a new proposal that would streamline and improve the patent application review process. The new proposal would encourage patent applicants to provide the USPTO the most relevant information related to their inventions in the early stages of the review process.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patent Cases, News & Updates , Patent Language Critical , Patents 0 Comments

Florida Patent Infringement Lawsuit Filed in Southern District of Florida for $50 MIllion

The Los Angeles Bizjournal reported that Venali, Inc. has filed a suit agains J2 Global Communications, Inc. and Catch Curve, Inc. alleging violations of Federal Antitrust, trademark competitiveness, and patent laws.

Continue Reading Posted By John Rizvi In Trademarks , Florida Patent Attorney Focused News & Updates , Florida Patent Infringement Lawsuit Filed for $50 Million , Patent Cases, News & Updates , Patents , Trademark Cases, News & Updates 0 Comments

Invention at Florida Atlantic University Helps Cancer Prevention

The Sun Sentinel reports that Florida Atlantic University in Boca Raton has licensed rights to a therapy that will be used to treat pre-cancerious skin conditions frequently found in Florida. The discovery has caught the eye of two medical industry entrepeneurs that hope to further develop and market this therapy.

Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

Florida Biotech Patenting Activity Update

The Florida Trend Editor's Page had an article of interest for any Florida patent attorney following the state's biotechnology scene.  Entitled "Rules of the Game", the article discusses a number of reasons for optimism for Florida's biotech research and cites an Ernst & Young Global Biotechnology Report for support.

The report ranks Florida's biotechnology scene as one of the top 10 centers in the United States.  Also, according to the article, the number of Florida invention disclosures rose 84% at 12 Florida schools between 2000 and 2005 and the number of licensing agreements executed to start-up companies went from 13 in 2000 to 31 in 2004 and 22 in 2005.

Continue Reading Posted By John Rizvi In Miscellaneous IP Topics , Patent Cases, News & Updates 0 Comments

USPTO To Give Patent Filers Accelerated Review Option

The United States Patent & Trademark Office posted the following article on their website which may be of interested to those seeking accelerated review of their patent applications:

The Department of Commerce's United States Patent and Trademark Office (USPTO) is publishing procedures setting forth requirements for patent applicants who want, within 12 months, a final decision by the examiner on whether their application for a patent will be granted or denied. To be eligible for "accelerated examination," applicants who file under this procedure will be required to provide specific information so that review of the application can be completed rapidly and accurately.


Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

HOOTERS Restaurant Chain Loses Appeal In Trademark Infringement Lawsuit Against Winghouse of Florida


A U.S. District Court Judge's ruling against restaurant chain, HOOTERS, has been affirmed in a decision by the U.S. Court of Appeals for the Eleventh Circuit.

Florida District Court Judge Anne C. Conway in Orlando, Florida, ruled that the "Hooters Girl" persona is "primarily functional" and therefore not entitled to trademark protection. HI Ltd. Partnership v. Winghouse of Florida, Inc. No. 6:03-cv-116 (M.D. Fla. 2004).

Trademark attorneys for Hooters claimed that the Florida based sports bar WingHouse copied too many elements from Hooters restaurant and violated the Florida Deceptive and Unfair Trade Practices Act.

Relying on the classic elements of trademark infringement, Hooter's argued that Winghouse copied so many features unique to Hooters that customers would be confused into thinking the two companies were affiliated.

Continue Reading Posted By John Rizvi In Advanced Patent Issues , Advanced Trademark Issues , Miscellaneous IP Topics , Trademark Cases, News & Updates , Unfair Competition Law 0 Comments

Mediating Intellectual Property Disputes

Todd Mayover, in-house intellectual property counsel for a medical device company in Florida, has an interesting post at the IPCounsel Blog entitled Intellectual Property Mediation:

"Regardless of the situation, without suggesting mediation, it will never happen. The obvious risk is that other party(s) may say no, but this would have no effect on the actual case at hand. At least the parties would know where they stand."

That being said, it is important to note that the risks of not mediating vary greatly depending upon which milestones have already passed in the litigation.

Continue Reading Posted By John Rizvi In Advanced Patent Issues , Advanced Trademark Issues , Trademarks , Copyright Law , Franchise Law , Mediating Intellectual Property Disputes , Miscellaneous IP Topics , Patents , Trade Secret Law , Trademark Cases, News & Updates , Unfair Competition Law 1 Comments

Where Have All the Big Patent Firms Gone?

In his IP Litigation Blog, intellectual property litigation attorney Philip P. Mann writes an interesting post entitled "The Future of Big Patent Firms".

Philip Mann notes the increasing trend towards big patent firms folding up shop and joining even bigger general practice firms. In-house counsel at larger firms are increasingly going to their general practice firm for intellectual property work and by-passing the IP boutique....a trend he attributes at least partially to in-house counsel's "CYA" tendencies in choosing the big name general practice firm over the equally competent and much more agile boutique practice.

Although Philip's comments are directed more towards in-house counsel dealing with litigation matters, I have found them to be equally pertinent to prosecution matters.

Continue Reading Posted By John Rizvi In Patents 0 Comments

INVENTION BY FLORIDA STUDENTS OFFERS "FRESH" APPROACH

According to an article in the University of Florida News, a team of engineering students has designed and built a prototype of a new sensor that will assist grocers, florists, and pharmacists in determining the length of time before a product spoils or exceeds its expiration date.

Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

PATENT FOR FLORIDA TECH SCIENTIST'S X-RAY DEVICE

According to an article in Medical News Today, Dr. Kunal Mitra, a professor of mechanical and aerospace engineering at Florida Tech, has been assigned a U.S. Patent, along with Florida Tech, for an x-ray delivery device which can be utilized for irradiation of the arteries after balloon angioplasty. This methodology can curb the frequency of plaque reformation after stent implantation and angioplasty.

Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

PATENT INFRINGEMENT LAWSUIT FILED BY SPEEDUS

As reported in an article in Wireless Week, a second patent infrigement lawsuit in less than thirty days has been filed by Speedus Corporation, aimed at Alltel for alleged infringement on two of its wireless patents.

Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

FLORIDA PATENT INFRINGEMENT SUIT AGAINST VERIZON WIRELESS

According to an article in Light Reading, Verizon Wireless is being sued for patent infringement by Speedus Corp., regarding two of the latters patents dealing with television service transmission over cellular networks. Speedus Corp. is still deciding whether or not to file a suit against any other carriers.

Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

Supreme Court and Congress Tackle Patent Issues

According to an article by Rick Merritt in the Electronic Engineering Times, the Supreme Court, Congress, and the United States Patent & Trademark Office are struggling with issues related to intellectual property reform. There are three patent reform bills currently before Congress, while the Supreme Court prepares to rule on a patent case filed by eBay as early as June, and the United States Patent & Tradmark Office is mired in controversy over changes in the patent application filing process.

Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

Patent on Rat Trap Allegedly Infringed by Boca Raton, Florida Manufacturer

In an article in the Ventura County Star, Bob Noe, owner of AgriZap, invented a rodent-killing gadget called the Rat Zapper, a milk-carton-sized device which uses four AA batteries to electrocute mice, rats, and other pests that are lured inside by the smell of dry pet food. The Rat Zapper is selling 50,000 to 100,000 units annually, increasing at a rate of 30 percent per year. But the Rat Zapper has become mired in a patent infringement lawsuit, citing fraud, breach of contract, and unfair trade practices.

Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

Filing for a Patent can be a Breeze

According to an article in the DesMoines Register, Cindy Gordon owes her patent to a windy day. As a breeze whipped around the tent she had erected at a local high school craft show, she thought that there had to be a better way of securing the tent's legs. When a fellow artist came to her with a couple of square steel weights, her own journey toward receiving a patent began.

Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

Rising Number of Patents has Ripple Effect

According to an article in the Des Moines Business Record, the United States Patent & Trademark Office estimates that there is a backlog of 600,000 patent applications awaiting to be assigned patent examiners, and that another 100,000 applications will be filed this year.

Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

Patent Holder Subject to Personal Jurisdiction in Florida

In Breckenridge Pharmaceutical, Inc. v. Metabolite Laboratories, Inc. et al. (Fed. Cir. 2006), the Federal Circuit held that a patent owner's dealings with a Florida licensee was sufficient to give the court jurisdiction over the patent owner.

Beckenridge filed suit against Metabolite and PamLab in the United Stated District Court for the Southern District of Florida for a declaratory judgment of non-infringement of the patent and alleging state law claims of tortious interference with contract and unfair competition.

The Federal Circuit held that Florida's long-arm statute authorized personal jurisdiction over Metabolite and that such jurisdiction would comport with due process:

In sum, our case law has held as follows: where a defendant has sent cease and desist letters into a forum state that primarily involve a legal dispute unrelated to the patent at issue, such as an injunction obtained for misappropriation of trade secrets, the exercise of personal jurisdiction is improper. Silent Drive, 326 F.3d at 1202.
Continue Reading Posted By John Rizvi In Advanced Patent Issues , Miscellaneous IP Topics , Patent Cases, News & Updates , Patent Personal Jurisdiction , Patents , Unfair Competition Law 0 Comments

TALLAHASSEE INNOVATION DAY COULD BOOST PATENTS IN FLORIDA

According to a press release from ITFlorida, Tallahassee will host Innovation Day, Monday and Tuesday April 17-18, 2006. Innovation Day will be a great opportunity for the high tech community to demonstrate support to the Florida Legislators for the benefits of the Governor's $630 million Innovation agenda.

Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

PAXIL MAKERS SETTLE AMIDST ALLEGATIONS OF FRIVOLOUS PATENT INFRINGEMENT LAWSUITS

According to an article in The Advocate, GlaxoSmithKiline, the makers of the well-known anti-depressant drug Paxil, have settled with state medicaid programs for $14 million. The state programs alleged that the company blocked generic versions of Paxil from being produced, causing the states to pay increased fees.

Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

Google Earth Sued for Patent Infringement

To show the importance of exactness in the patent application process, Google Earth is being sued by Skyline Software Systems over subtleties created by minor additions and deletions in the claims section of their patent application. A send2press.com article reports that a federal court judge in Massachusetts has issued a trial schedule and expedited discovery proceedings in response to the plaintiff's request for a preliminary injunction. Skyline is an innovator in the field of 3D mapping, but we'll have to wait and see what the judge will decide.

Continue Reading Posted By John Rizvi In Patenting Software & Internet Business Methods 0 Comments

FLORIDA UNIVERSITY AMONG TOP TEN PATENT RECIPIENTS

According to a press release by the United States Patent & Trademark Office, The University of Florida ranks 7 in the list of universities receiving patents in 2005. The University of Florida was issued 64 patents (up from 2004 when it received 41 patents and a 13 ranking on the list).

Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

U.S. Seeks Balance in Patenting Agreements to Help Impoverished People

According to a U.S. Trade Representative, the United States is trying hard to balance the requirements of the poor and developing countries who face ongoing medical emergencies and the rights of U.S. pharmaceutical patent holders. It's a tough balance to strike. Disputes between certain U.S. pharmaceutical companies and the governments of Brazil and Thailand demonstrate the need for flexibility and an open dialogue.


It is not always possible for developing countries to purchase patented drugs at standard prices; therefore, the U.S. government has introduced some flexibility within the medical patent protection under World Trade Organization (WTO) rules. Medical patents that deal with malaria, HIV/AIDS, and tuberculosis are most effected.

Continue Reading Posted By John Rizvi In Patenting Medical & Dental Products, Processes & Software 0 Comments

PLANTATION, FLORIDA COMPANY HAS CUTTING EDGE PATENT

According to an article in the Ft. Lauderdale Sun-Sentinel, SoLapharm, Inc. a Plantation, Florida based pharmaceutical company, has created a process by which existing drugs are reconfigured into new tablet designs that include an inactive layer where the pills can be split.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patent Cases, News & Updates , Patents 0 Comments

Commerce Under Secretary Highlights Florida's Innovation and Competitiveness

PRESS RELEASE: Orlando, Fla. -- Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) Jon Dudas today echoed President Bush's agenda to improve America's ability to innovate, maintain a competitive edge and make health care more efficient. Under Secretary Dudas also presented an Export Achievement Award to NR Electronics, an Orlando small business.


Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

Patented Invention Cures Florida Girl's Hiccup Spree

A 15 year old girl Florida girl, Jennifer Mee, told the Today Show that a patented invention by individual inventor Phil Ehlinger helped cure her marathon 5 week hiccup spree according to an article on PhillyBurbs.com.   See the appearance on ABC News by the inventor as he describes his patented device. 

The inventor's wife flew to Florida and hand-delivered the device, which is covered by a U.S. patent, to jennifer Mee and instructed her on how to use the device. 

Complete media coverage of the product can be found on the website created by the inventor for his company, The Hic-Cup Ltd, and includes national media.  Coverage of the patented device has also been extensive in Florida based local media including CBS Chanel 4 (Miami / Ft. Lauderdale), Fox News Channel 29, and other South Florida stations.

Posted By John Rizvi In Patent Cases, News & Updates 0 Comments

UVSolutions' Catheter Site Disinfection System Obtains Medical Equipment Patent

UVSolutions catheter site

UVSolutions' catheter site disinfection system acquired a medical equipment patent recently. This system gives safe and effective protection keep patients free from infection, as reported in an article in www.send2press.com. The product developed by UVSolutions is a novel system that significantly reduces colonization of microorganisms around the catheter site and comes as a relief to catheter site infections that are the most commonly acquired infections. Infections of this type are known to affect one out of twenty patients and are responsible for more deaths than the combination of accidents and homicides.  

The disinfection system consists of a battery operated, palm-sized, germicidal ultraviolet device, which is placed over the catheter site and expels a single flash of UVC light through a proprietary dressing. The catheter site disinfection system offers an instant and painless method to prevent the buildup of microorganisms around the catheter site.

Posted By John Rizvi In Patenting Medical & Dental Products, Processes & Software 0 Comments

Medical Equipment Patenting By LCD In Hospital Patient Rooms

Medical equipment patenting by LCD technology is moving into hospital patient rooms. According to an article in www.send2press.com, Paradigm Multimedia is now providing various screen size options to beat out competitive models that have inherent limitations.

Before the offering of the new product from Paradigm, which is a patented tuner interface box (HT22E), the hospitals were mainly limited to a 20-inch LCD TV. With the invention of the new product, hospitals are now able to select an LCD monitor of any size for controlling the television functions, making use of a standard hospital pillow speaker.

With the HT22E, Paradigm is now offering a low price and superior quality consumer LCD that provides entertainment satisfaction and also meets the health care LCD TV standards. The technology works by a signal from a satellite or cable system, which is received by the HT22E tuner and then sent to the LCD via composite video. Continue Reading Posted By John Rizvi In Patenting Medical & Dental Products, Processes & Software 0 Comments

PATENT "TROLLING" CONCERNS

According to an article by Kris Graft for Next-Gen.Biz, "patent trolling," where companies come up with vague ideas and patent them, just so they can litigate against anyone else that actually puts these ideas into motion, is becoming a significant source of income for these businesses.

A good example of patent trolling is the American Video Graphics case, which involved a 3D spherical panning method patent. In this case, the owner of the patent is not practicing the patent. It is an old patent that is intrinsic to what occurs in a videogame. As such, it is impossible for anyone else to develop a game and avoid this patent. When they try, they are then sued by the patent holder.

Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

WORKING MODELS, PROTOTYPES, AND ILLUSTRATIONS FOR PATENTS

A working model or prototype is not necessary before the filing of a patent application with the United States Patent & Trademark Office. Often, however, those seeking to apply for a patent wil produce hand-drawn sketches or drawings of the invetion, in order to help the drafter of the application write a more detailed, descriptive, and accurate rendition of the characteristics of the invention.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patents , Working Models, Prototypes, and Illustrations for Patents 0 Comments

DISTINGUISHING A PROPOSED PATENT FROM EXISTING TECHNOLOGY

In order to persuasively distinguish an invention from the prior art to the United States Patent & Trademark Office, it is helpful to address the following:

A) State the problems, limitaztions, and disadvantages associated with existing technology but overcome by the invention.

B) What new elements (e.g. components, process steps, circuitry) or combinations of known elements or software algorithm produced the improvements over known technology?

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patent Cases, News & Updates , Patents 0 Comments

PROVIDING A DETAILED DESCRIPTION OF AN INVENTION PRIOR TO THE FILING OF A PATENT APPLICATION

Before a patent application is filed with the United States Patent & Trademark Office, it is important to produce a very detailed disclosure of the invention which will aid in the drafting of a patent application that will withstand scrutiny from a patent examiner. The detailed description should include:

FOR A NEW OR IMPROVED PRODUCT

A) Describe the structural elements/components
B) Describe step-by-step how the invention is contructed/assembled
C) Describe any interaction/cooperation of components, e.g. during use
D) Describe the environment in which the invention is intended for use
E) Describe the purpose/function of the invention.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patent Cases, News & Updates , Patents 0 Comments

THE PATENT APPLICATION: REQUIREMENTS

Before a patent is issued by the United States Patent & Trademark Office, a detailed application must be prepared and filed with the USPTO clearly specifying what the invention is and how it can be made and used. A patent application includes an abstract, claims, a declaration, a governmental filing fee, and typically several sheets of drawing figures.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patent Cases, News & Updates , Patents 0 Comments

WHAT IS PATENTABLE WITH THE UNITED STATES PATENT & TRADEMARK OFFICE?

The United States Patent & Trademark Office has guidelines for what it considers to be patentable inventions. A utility patent may be granted for a new product or process as well as functional improvements to existing products or processes.

Where an idea relates to the improved decorative appearance of an item, it may be protected with a design patent.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patent Cases, News & Updates , Patents 0 Comments

U.S. FEDERAL COURT UPHOLDS PATENT INFRINGEMENT FINDING

In a press release from PRNewswire, a Federal Appeals Court affirmed LAMPS PLUS' jury verdict, finding that Patrick S. Dolan of Portland Oregon, and Craftmade International, Inc. of Dallas, Texas, and their joint venture Design Trends LLC had infringed on LAMPS PLUS' patents.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patent Cases, News & Updates , Patents 0 Comments

FLORIDA COMPANY AWARDED FIRST PATENT

According to a press release from PRNewswire, Intelligenxia, a Jacksonville based company that specializes in advanced analytics solutions for unstructured data, was granted its first patent on January 25, 2006 by the United States patent & Trademark Office. The patent involves groundbreaking technological advances in extraction of crucial information from unstructured sources.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patent Cases, News & Updates , Patents 0 Comments

EXPERIENCED INVENTOR AND PATENT HOLDER SHARES KNOWLEDGE

Paula and Howard Silken are a couple of seniors residing in Delray Beach, Florida, who have been quite active in the field of intellectual property, having a dozen patents to their credit, according to an article in the Palm Beach Post.

Continue Reading Posted By John Rizvi In Patents 0 Comments

HIGH COURT REFUSES TO HEAR APPEAL IN PATENT DISPUTE

According to an article in ESchool News Online, The U.S Supreme Court refused to hear an appeal by Research in Motion Ltd., a Canadian based company that was challenging a federal appeals court ruling that found it had infringed on the patents held by NTP Inc., a small northern Virgina patent-holding firm, because customers of RIM use the BlackBerry within the United States.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patent Cases, News & Updates , Patents 0 Comments

SHIFT IN PATENT LAWS INCREASES LITIGATION

According to an article written by Christopher Hayes and quoted in the Progress Report, a shift in patent laws over the past ten years has resulted in increased "methods and system" patents, which have opened the flood gates on the amounts of patent claims, and given greater control to big business over innovative ideas.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patent Cases, News & Updates , Patents 0 Comments

Miami based Wheel Manufacturer Provides Low-End Prices for Premium Trademark Brands

Founded in 2004 in Miami, Modular Wheels has created a new 2006 line of customized wheels for such luxury trademark names as Ferrari, Porsche, Lamborghini, Mercedes, and BMW vehicles. According to the article at businesswire.com, the average costs for custom wheels for these vehicles is usually between the $1,000 to $1,500 range. Modular Wheels has cut that down between $350 to $550, a savings of more than 50%.

Continue Reading Posted By John Rizvi In Trademark Basics , Trademarks , Patents , Trademark Cases, News & Updates 0 Comments

United States Patent & Trademark Office May Limit Continuing Applications

On January 3, 2006, the United States Patent & Trademark Office said it may limit the ability of a company to file continuing applications that allow it to revise or modify its existing patent claims, according to an article at MSNBC.com.

The reasoning behind this new rule concerns the growing backlog of patent applications that are waiting to be reviewed by patent examiner's at the United States Patent & Trademark Office.


Continue Reading Posted By John Rizvi In Invention & Patent Basics , Advanced Patent Issues , Patent Cases, News & Updates , Patent Office Limiting Continuation Patent Applications , Patents 0 Comments

Inventor in St. Petersburg, Florida Sues U.S. Patent and Trademark Office

A Florida inventor and holder of two patents is suing the U.S. Patent and Trademark Office.

Again.

Inventor, David W.R. Brown, of St. Petersburg, Florida, holds two U.S. Patents and is seeking a refund of the $969 he was charged for records he requested under the Freedom of Information Act.

Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

University of Florida Mechanical Engineering Student Files for Patent on Orthopedic Robot

A University of Florida mechanical and aerospace engineering student, Scott Banks, has designed a robot to shadow and shoot X-ray video of orthopedic injury patients according to an article in Physorg.com.

Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

Florida Company Gives New Meaning to Cold Cash

According to an article in Anderson Independent-Mail, Ice House America, a Florida-based company, has patented an ice machine that dispenses both 16-pound bags and 20-pound loads of loose ice, at a cheaper cost than those of grocery or convenience stores. These ice-houses are capable of producing more than 500 16-pound bags of ice per day.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patents 0 Comments

Patent Eases Elimination (Ah, What Sweet Release)

Ginacor, Inc. has patented and is now ready to market its HealthStep bathroom device for enabling effective bowel elimination. An article at send2press.com reports that Ginacor, Inc. has also received the approval of U.S. Food and Drug Administration (FDA).

HealthStep helps a person eliminate with less effort and is a blessing for all who are suffering from hemorrhoids, constipation, bloating, and other acute forms of bowel disorders. Following doctor recommendations (not to mention common sense) that the best posture for eliminating bowels is the squatting position, this simple invention follows the squatting tradition. Ginacor is based in Seattle, WA.

HealthStep is an anatomically engineered device that has precisely angled foot rests for positioning the body for complete elimination and at the same time maintains the convenience and comfort of the modern toilet. The medical product also reduces the pressure in the anal and rectal veins, opens the pelvic area, straightens the colon, and permits both the gravity and gentle pressure from the diaphragm to expel the intestinal contents without excessive straining.

Continue Reading Posted By John Rizvi In Patenting Medical & Dental Products, Processes & Software 0 Comments

Fort Lauderdale, Florida Based Generic Drug Manufacturer, Andrx Corporation, Found Not Guilty of Patent Infringement

A Fort Lauderdale, Florida, based pharmaceutical company, Andrx Corporation, has been successful in its defense of a patent infringement lawsuit brought by UK-based AstraZeneca PLC over its Toprol-XL hypertension treatment.

As the patents on AstraZeneca's drug were found be be invalid, Florida based Andrx Corporation may be permitted to continue producing the medication for hypertension treatment, according to an article in Bloomberg News.

Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

Boca Raton Company Victorious in First Patent Infringement Case

Lexington International, LLC, a Florida company based in Boca Raton, prevailed in its patent infringement lawsuit against Phototonic Research and LBI Investments, Inc. According to the article in PR Web, Lexington International, LLC, which manufactures and distributes the HairMax LaserComb internationally, initiated the litigation to send a message to manufacturers of substandard products on the market disguising themselves as the patented HairMax LaserComb, infringing on itellectual property rights and damaging the consumer as well.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patents 0 Comments

"Invent Something? Plan Marketing Carefully" Offers Good Advice

In a column in the The Herald in Bradenton, Florida, entitled "Invent Something? Plan Marketing Carefully", business columnist Jerry Osteryoung offers good advice to inventors looking to hire a patent attorney to assist them in securing legal rights to their ideas.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Advanced Patent Issues , Choosing a Patent Attorney in Florida , Patents 0 Comments

Business Method Patent on Selling Cereal Plagues Florida Business

Florida businessman Rocco Monteleone was in for a surprise patent dispute after he opened up a cereal cafe in Gainesville, Florida.

He received a letter from an attorney representing Cereality, Inc., a company claiming exclusive rights to their patent pending system and method of selling cereal, according to an article in In These Times.

Continue Reading Posted By John Rizvi In Advanced Patent Issues , Patent Cases, News & Updates , Patents 0 Comments

Florida Patent Holder Wins $48 Million Judgment

A small Pinellas park business, AlphaMed Pharmaceutical Corp., has been awarded $48-million in compensatory damages arising from the alleged fraudulent sale of its patent on a new drug according to an article in the St. Petersburg Times.

Arriva Pharmaceuticals Corp. and a private investigation firm were found guilty of unfair competition, sealing trade secrets, and interfering with AlphaMed's business.

The trial was held in federal court in Miami, Florida, and the jury decision came Monday, December 19, 2005, after five days of deliberation. Click here for the complete St. Petersburg Times article.

Posted By John Rizvi In Patent Cases, News & Updates 0 Comments

Comparing Florida Patent Case Timetables

Hourglass.jpg


How do patent cases in Florida compare to the rest of the nation in terms of time from filing to decision?

Well, a lot depends upon whether the case seeks a bench trial or a jury trial as patent cases terminated by bench trials take much longer than cases terminated by jury trials.

According to LegalMetric, LLC, the average patent bench trial nationwide took 37.8 months compared to 27.1 months for a jury trial.

Continue Reading Posted By John Rizvi In Advanced Patent Issues , Florida Patent Case Timetables , Patent Cases, News & Updates 0 Comments

Overview of the American Inventor's Protection Act of 1999

If life were like the popular board game Monopoly¨∆, obtaining meaningful patent protection would be as simple as buying up Boardwalk and Park Place. In the board game, you simply purchase the property you want, place houses or hotels on them over time, and eagerly collect a continual revenue stream from the successful venture.

The rules governing monopolies on ideas, however, are significantly more complex and have recently undergone one of the most far-reaching changes in history. As you mull over the unique features of your newly discovered invention or method of doing business, it is important to consider recent changes in patent law and their particular importance to individual inventors.

PUBLISHING OF APPLICATIONS

If you are like most inventors, the thought of publicly disclosing the secret details of your invention before a patent has been issued is very unsettling. Few inventors realize, however, that under the American Inventor's Protection Act of 1999, the confidential details disclosed in their U.S. patent applications may be promptly published eighteen months from the earliest claimed filing date unless certain conditions are met.

Continue Reading Posted By John Rizvi In Advanced Patent Issues , American Inventor's Protection Act 0 Comments

Nine Costly Misconceptions About Patents

If life were like the popular board game Monopoly ¨∆, obtaining meaningful patent protection would be as simple as buying up Boardwalk and Park Place. In the board game, you simply purchase the property you want, place houses or hotels on them over time, and eagerly collect a continual revenue stream from the successful venture.

The rules governing monopolies on ideas, however, are significantly more complex. As you mull over the unique features of your newly discovered invention or method of doing business, I want to dispel a number of common, yet potentially dangerous, misconceptions about patents:

Misconception No. 1: All of the good ideas have already been patented.

Fact: In 1899, U.S. Commissioner of Patents Charles H. Duell reportedly stated that "everything that can be invented has been invented." His statement, as we all know, was followed by the invention of the airplane, television, radio, cars, computers, biotechnology, space travel, microwave ovens, cellular phones, digital cameras, the artificial heart, and the internet! The line of thinking that all the good ideas are gone is as wrong today as it was back then. Major pioneering inventions, such as the development of the internet, are being made on a daily basis and there appears to be no end in sight.

Misconception No. 2: It is necessary to include a working model of your invention along with an application for a patent.

Fact: This is a very common misconception. Working models, prototypes, or exhibits are very rarely required for most patent applications. Even the Wright Brothers had not flown when they applied for their groundbreaking aeronautical patents. Their famous Kitty Hawk adventure did not occur until March 23, 1903, a full nine months after the filing of their patent.

Although a working model is not generally required, the description of the invention in the specification and the drawings does have to be sufficiently clear and complete to permit the invention to be understood by someone familiar with the field of the technology.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Advanced Patent Issues , Patenting Misconceptions 0 Comments

Turning to Patent Law to Protect Your Business Methods

When most people think of patents, they automatically think of a new mechanical product, a chemical composition, or a manufacturing process. Since a landmark Supreme Court decision in 1998, however, an increasing number of patents are being issued for innovations in business methods. Patents are not just reserved for classical scientific innovations anymore, but are regularly used by banks, stockbrokers, insurance companies, and retailers to protect their newly developed methods of doing business.

In the past, the U.S. Patent Office rarely granted business method patents. Additionally, software patents were not considered to be patentable subject matter because of a belief that software was nothing but an unprotectible algorithm. Today, however, patents are routinely applied for and issued for software and business methods as well as Internet-related applications. New software patenting guidelines have been issued by the U.S. Patent and Trademark Office and have made software patents easier to obtain.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Advanced Patent Issues , Patenting Business Methods, Advertising & Marketing Systems 0 Comments

Protecting Software Through Patent Law

Patents, not copyrights, are now the only way to give adequate protection to the most important aspects of software. The is true because the "idea" behind a particular algorithm is much better protected as a patentable method than as a narrowly limited expression in copyright law.

Most software designers are interested in preventing others from stealing the core methodology used in their software. As such, a patent on the software should be obtained. The principal benefit of protecting computer software through the patent system is the strength of protection that is provided by a patent.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Advanced Patent Issues , Patenting Software & Internet Business Methods 0 Comments

Beyond the Hype: A Rational Look at Internet Patents

E-commerce patents have attracted a lot of attention in the news lately and the U.S. Patent Office is facing criticism, once again, relating to their examination and issuance of patents relating to a revolutionary new technology.

I say "once again" because this is not the first time a new technological development has stirred up controversy at the U.S. Patent Office. Over a century ago, there was severe criticism relating to the granting of agricultural inventions.

This was followed by debates about the patenting of the telephone, the automobile, pharmaceutical drugs and the recent criticism of the biotechnology industry. With this historical backdrop, it is little wonder that the development of the Internet has spawned another patenting debate.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Advanced Patent Issues , Patenting Business Methods, Advertising & Marketing Systems , Patenting Software & Internet Business Methods 0 Comments

Understanding the Limitations of a Design Patent

Inventors can obtain three different types of patents in the United States, namely, plant patents, utility patents, and design patents. Plant patents are rare and are used to protect a new plant that the inventor has produced asexually (without using seeds). A utility patent can be used to protect the way a new technology functions and is used. A design patent protects the visual characteristics of an item.

There is often confusion among inexperienced entrepreneurs and inventors regarding the differences between utility and design patent protection. It is important to understand that a design patent protects only the appearance of an article and not its structural or functional features. It is different than a utility patent because it offers no protection for the way an article works and can only protect the unique visual "look" of a new item. As such, if you are looking to protect the way your invention works, a utility patent should be pursued. The proceedings relating to granting of design patents are similar to those relating to utility patents with a few differences.

Continue Reading Posted By John Rizvi In Advanced Patent Issues , Design Patent Limitations 0 Comments

Understanding the Limitations of a Design Patent

Inventors can obtain three different types of patents in the United States, namely, plant patents, utility patents, and design patents. Plant patents are rare and are used to protect a new plant that the inventor has produced asexually (without using seeds). A utility patent can be used to protect the way a new technology functions and is used. A design patent protects the visual characteristics of an item.

There is often confusion among inexperienced entrepreneurs and inventors regarding the differences between utility and design patent protection. It is important to understand that a design patent protects only the appearance of an article and not its structural or functional features. It is different than a utility patent because it offers no protection for the way an article works and can only protect the unique visual "look" of a new item. As such, if you are looking to protect the way your invention works, a utility patent should be pursued. The proceedings relating to granting of design patents are similar to those relating to utility patents with a few differences.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Advanced Patent Issues 0 Comments

Florida Radio Manufacturer Patents First Commercial Cognitive Radio

Adapt4, Inc. is a Melbourne, Florida based firm hopes its patent pending technology will change the way radio frequencies are used to maximize the available radio spectrum that is available.

The technology uses a "time share" model to allow use of radio channels when they are not in use by others according to an article in the Houston Chronicle.


Continue Reading Posted By John Rizvi In Advanced Patent Issues , Patent Cases, News & Updates , Patents 0 Comments

Increase in Patents at Florida Universities

The Tampa Bay Business Journal reports that a survey conducted by the Technology Transfer Office at Florida State University shows an increase in patents that were issued to universities in Florida, up from 7 percent between 2003 and 2004. These universities include Florida Atlantic University, Florida A & M University, Florida International University, University of Central Florida, University of Florida, University of Miami, Florida Institute of Technology, etc.

Continue Reading Posted By John Rizvi In Patent Cases, News & Updates , Patents 0 Comments

Software Patent Granted For "Single Use Credit Card Number" to EDI Secure By USPTO

Single Use Credit Card NumberSoftware patents are back in news with EDI Secure LLP patenting the "Single Use Credit Card Number" through the U.S. Patent Office (US PTO) according to an article published in send2press.com . Contributing to, Mr. Jeffrey Ice, inventor of U.S. Patent #6598031 and partner of EDI Secure LLLP granted the American e-commerce community a level of security, virtually doing away with online credit card fraud on the Internet.

This invention, as is believed by the US PTO will be able to keep the credit card account data details confidential and secure even from the present highly expert hackers. The Single Use Credit Card Number can be used as a safe technology extensively in the United States. The technology is also expected to open up various markets and bring in great ramifications to the United States e-commerce industry.

As Ice puts it, the technology will account for their largest potential penetration in the online transaction industry. It is also scheduled to serve bank service agencies, larger banks and card companies, that wants to get their cards accepted all over the world excluding the Visa/MC logo.

Posted By John Rizvi In Patenting Business Methods, Advertising & Marketing Systems 0 Comments

Patenting Products - Calmar Inc. Rescues Its Trigger Sprayers From Counterfeiting

Calmer sprayersHousehold product patents are an important component of my practice as a Florida patent attorney.  Interestingly enough, Calmar, Inc., was involved in litigation with Magic Creations and Loomco companies regarding the use of alleged use of counterfeit products.  Both products are claimed to contravene Calmar's trademarked TS800(TM) trigger sprayers as reported in their official website www.calmar.com. Both the companies charged with infringement have agreed to replace all their currently stocked sprayers with non-infringing products. 

Claimed by the company to be the world's best selling trigger sprayer, TS800 is used by many consumer products companies due to its spray performance and congeniality, in addition to adaptability and outstanding design.

“Calmar products include important patented features which are critical to the performance, appearance and ease of use for our customers' products” claims John McKernan, president of Calmar. He has expressed his satisfaction over the resolution of the legal action. He further added “we will extend our legal activity to even more diligently defend our important intellectual property, not only for Calmar but on behalf of our customers and, ultimately, the consumer”.

Posted By John Rizvi In Patenting Household Consumer Products 0 Comments

Toyota Sued by Florida Manufacturer For Infringement of Electric Drive Patent

A small manufacturer of electric drive motor technology based in Tarpon Springs, Florida, has filed a patent infringement lawsuit against Toyota Motor Corporation in Tampa, Florida in the U.S. District Court for the Middle District of Florida according to a press release by Solomon Technologies, Inc.

The company contends that the gas-electric hybrid Prius and Highlander vehicles are infringing on its patents.

Continue Reading Posted By John Rizvi In Advanced Patent Issues , Patent Cases, News & Updates , Patents 0 Comments

Patent Attorney Confidentiality

In my post entitled "Risks of Disclosing Your Invention Prior to a Patent Filing", I discuss a number of risks associated with the pre-filing disclosure of an invention.

I did not address, however, pre-filing discussions with a patent attorney and would like to discuss that now. This is often an area of concern among inventors.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Choosing a Patent Attorney in Florida , Patents 0 Comments

Confidentiality / Non-disclosure Agreements

A Non-Disclosure Agreement (sometimes called a confidentiality agreement) is used by an inventor to reveal an unpatented idea to a party. The inventor has the other party sign a document that says they will not disclose any of the information to anyone else, and will not compete with the inventor.

I strongly discourage revealing your invention until you have filed a patent application even if you have a Non-Disclosure Agreement. Non-Disclosure Agreements should be used sparingly and only when disclosure of your idea to another party is required.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patents , Trade Secret Law 0 Comments

Risks of Disclosing Your Invention Prior to a Patent Filing

The possibility of having your new idea stolen before you have applied for a patent is something that has haunted every new inventor.

It is important to keep the details of your new idea secret until you have at least applied for a patent. In addition to the possibility of your idea being stolen, there are other potential pitfalls of disclosing your invention before a patent application is applied for.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Maintaining Confidentiality , Patents 0 Comments

Maintaining an Inventor's Notebook

Maintaining an inventor's notebook or log costs close to nothing and provides immediate evidence documenting the date of an invention before a patent attorney can be retained to file a patent application.

Ideally, an inventor's log should be a bound notebook. There are professional Inventor's Logs commercially available with green grid-lined paper for drawings. You do not need to go out and buy a fancy (i.e.-costly) inventor's notebook. All that is really needed is a notebook with permanently bound pages. You do not want to use a spiral-bound notebook, looseleaf binders, or legal pads.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Inventor's Notebook , Patents 0 Comments

Utility vs. Design Patent Protection

Let us start by looking at the at the different types of patents that are available - These are utility patents, design patents, and plant patents. Plant patents are very rare. As the name suggests, a plant patent is used to protect newly developed plants. My practice focuses on utility and design patents and these will be discussed below:

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patents , Utility Patent vs. Design Patent 0 Comments

Top 10 Reasons to Choose Me as Your Patent Attorney

Reason No. 1: Because I Teach Patent Law to Other Lawyers and Law Students

For the past nine (9) years, I have been an Adjunct Professor at Nova Southeastern University Law School teaching patent, trademark, and copyright law to graduating law students. 

In addition to being an Adjunct Professor at Nova Law School, I lecture and teach patent and trademark law to other attorneys and members of the South Florida Inventor's Society and other business groups. Some of my past lecturing experience has been:

 “Preservation of Legal Rights in Medical Innovations” before the Florida International Medical Exposition (August 2007).

2000 - Present: Adjunct Professor, Nova University, Shepard Broad Law Center, teaching annual International Practice Clinic on Intellectual Property Law including patent, trademark, and copyright law to third year graduating law students.

"Licensing Your Intellectual Property" before the Inventor's Society of South Florida (June 2002).

Patent Protection for New Ideas” before the Inventor's Society of South Florida (July 2003)

Florida Bar Approved CLE Seminar for attorneys entitled "Mining Patents for Competitive Intelligence” for the Society of Competitive Intelligence Professionals (SCIP), based in Alexandria, Virginia. (February 2003)

Tradewinds 2004 International Business Conference. Taught Seminar entitled "International Trade Secret Protection in Central America & the Caribbean". (October, 2004)

Florida Bar Approved CLE Seminar for attorneys entitled "Patent Essentials for the Nonspecialist" for the Broward County Bar Association Section on Intellectual Property (April 2005).

I believe my teaching patent law to other attorneys, law students, and business people makes me a better patent lawyer myself. You really do not know a subject unless you are able to teach it to someone else

 

Continue Reading Posted By John Rizvi In Choosing a Patent Attorney in Florida 0 Comments

Florida Atlantic University Awarded Patent on Software

A patent has been awarded to Florida Atlantic University Professor Stuart Galup for a new software-based system for assisting local government departments in overseeing guardianship cases according to an article in the Boca Raton News.

According to the article, this was the first patent associated with Florida Atlantic University to originate with the College of Business. The fact that the article points this out as being significant shows that patents are still seen by many as being in the exclusive realm of engineering colleges not business schools. A number of patents for software-based innovations and business methods have been granted to Florida patent holders recently.

Continue Reading Posted By John Rizvi In Advanced Patent Issues , Copyright Law , Patent Cases, News & Updates , Patents 0 Comments

Patent Increases Marketplace Opportunities in Online Gaming

Panthesis, Inc. confirms obtaining a patent to permit game publishers to provide gaming facilities to tens of thousands of participants and spectators in the virtual arena. This leading firm in peer-to-peer networking is bringing Online Event Arenas into the multiplayer online game market. According to an article at send2press.com , this all-new technology is based on the various patents of the firm for Small-World Wide Area Networks (SWAN).  The new technology also allows the game providers and publishers to improve the performance of the online games without enhancing the costs of infrastructure.

Online Event Arenas enable the creation of online arena environments that reflect real-world arenas. The technology provides game providers the option of creating environments that include the player, spectators, advertisers, and sponsors. According to David Cole, President of DFC Intelligence, the popularity of the online multi-player games is growing everyday, leading to trends of adding new kinds of revenue generating participants (spectators to the games) and reducing the comparatively high costs of providing and developing online multi-player games.

Continue Reading Posted By John Rizvi In Patenting Toys & Games 0 Comments

Florida Based Manufacturer, FARO Technologies, Sues for Infringement of Patent on New Laser Scanner Product

A lawsuit filed in Orlando, Florida, in the U.S. District Court for the Middle District of Florida, alleges that patent rights to a new laser scanner product are being infringed.

The patent holder, FARO Technologies, Inc. is based in Lake Mary, Florida, just outside Orlando, and seeks injunctive relief and damages from a Romer Cimcore subsidiary of Hexagon, according to an article in PR Newswire.

Continue Reading Posted By John Rizvi In Advanced Patent Issues , Patent Cases, News & Updates , Patents 0 Comments

Car Accessory Patent Keeps Drivers Safe at Roadside

Car accessory patent for ASAR Group’s Emergency Light Blanket (ELB) is pending, as the company is all set to test market the product. According to an article in www.send2press.com, ELB made its debut in June, 2004 at the Minnesota Inventors Congress (MIC) in Redwood Falls, Minnesota. 

The product is said to be inspired by a tragedy that occurred on Interstate I-80 west of Omaha, where a man was fixing his tire along the roadside on a dark night when he was run over by a truck driver who was unable to see him. 

The ELB embossed with high intensity low energy LED lights and reflective arrows can function on a  vehicle's electrical system or a 9-volt battery. In the case of a breakdown or an accident, the ELB can be folded out , attached to the vehicle, and activated within minutes. Once lighted, it would be visible for up to three miles.                

Charles Mueller, President of ASAR Group, Incorporated plans to establish assembly and distribution centers in Nebraska in the near future to market the ELB.

Continue Reading Posted By John Rizvi In Patenting Automotive & Transportation Products 0 Comments

Florida Patent Depository Library

Patent depository libraries are an excellent resource for patent research. The United States Patent & Trademark Office has established around 80 depository libraries throughout the United States with at least one in each state. Many states have several. For example, Florida has two patent depository libraries in South Florida, one in Miami and a second one in Ft. Lauderdale.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Advanced Patent Issues , Florida Patent Depository Libraries , Patent Searches , Patents 0 Comments

DIFFERENT TYPES OF PATENTS

There are two major types of patents issued by the United States Patent & Trademark Office, namely, utility patents and dsign patents. A utility patent protects the function of an invention. The term of a utility patent is 20 years from the date of filing.

A design patent protects the overall appearance of an invention and is granted for any newm original, and ornamental design for an article. The term of a design patent is 14 years from the date of issuance.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patents 0 Comments

Patented Protect24 Goes Head-to-Head with Viruses and Bacteria

FeelSafe America, LLC brings forth the patented Protect24, a brand new weapon against infections. According to an article posted in send2press.com, the patented active ingredient of Protect24 is Quamorsil, which attacks deadly germs. The release of this invention marks the fight against germs. Protect24 is an antimicrobial hand sanitizer, which is responsible for killing both bacteria and viruses that come into its contact. The invented product is safe and recommended for family use.

Clinical research and studies prove that Quamorsil can effectively do away with viruses, like HIV, flu, polio, and herpes. Additionally, it banishes bacteria like staph, salmonella, e coli, and strep. A daily application of Protect24 coupled with occasional washing helps consumers combat infections around the clock.

Continue Reading Posted By John Rizvi In Patenting Household Consumer Products 0 Comments

The Patent Search

It is important before filing your patent application to know if anything like it has been patented before. A patent search is a search of all the patented items in the U.S. Patent & Trademark Office archives.

Many inventors have looked for their invention on store shelves, specialty stores, and industry publications. However, not finding your invention on the market does not mean that it has not already been patented. There are many pre-existing patents for products that, for one reason or another, have not made it to the market. It is often helpful to have a search conducted to see if the inventions described in existing patents are similar to yours.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patent Searches , Patents 0 Comments

PATENTS AS VALUABLE PROPERTY

Patents are essential business assets that can enhance profit margins, contribute to monopoly or licensing revenue, and increase market share and name recognition for your company and its product lines. Without adequate legal protection, it is only a matter of time before existing and new competitors enter the market, steal your idea, and drive down prices. Patent rights can be sold outright or licensed to one or more parties in exchange for royalties.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patents 0 Comments

PATENT BASICS

In its simplest form, a patent is a legal monopoly granted by the United States Patent & Trademark Office to an inventor, enabling him or her to commercially exploit the benefits of their creativity. A patent permits an inventor to exclude others from making, using, selling, or importing an invention in the United States without the inventor's permission.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patents 0 Comments

Boat with Outstanding Structural Support Merits Patent

It appears new and innovative designs are in order for boats, with a recent patent being issued for Boat Ramp, according to an article at www.patentstorm.us. The boat is enclosed in a ladder-style frame with C-shaped elongated lateral side rails secured in separate parallel conditions and C-shaped cross support beams. There are two ends to the frame, one at the water end and the other at the shore end.

The patented invention is designed to provide sufficient support for the boat. The boat, at the shore end, engages a braced winch assembly used for loading boats onto the ramp. The components of the ramp are designed specifically to enable parcel shipment to any location of all components in an unassembled condition and can be easily assembled through well-known and widely used household tools.

Continue Reading Posted By John Rizvi In Patenting Innovations in Recreational Boating, Marine Equipment & Accessories 0 Comments

Do I Need a Working Model or Prototype of My Idea Prior to Filing for Patent Protection

A working model or prototype is not necessary before the filing of a patent application at the U.S. Patent and Trademark office. Often, however, clients will provide me with hand-drawn sketches or drawings of their invention.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patents 0 Comments

Requirements for Patentability

There are four statutory classes of patents under U.S. patent law:

  • (1) Machine (any device or apparatus);
  • (2) Manufacture (a manufactured article);
  • (3) Composition (combination of ingredients such as chemicals, and
  • (4) Process (method of doing something)
Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patents 0 Comments

Distinguishing Trademarks and Copyrights From Patents

I am frequently asked by inventors to explain how patents differ from trademarks and from copyrights. They are fundamentally different. Lets take a quick look at trademarks and copyrights now.

First, lets look briefly at trademarks. A trademark can be a word, logo, design, or even a combination of these. A service mark is similar to a trademark except that it is used to express the origin of services.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Trademark Basics , Trademarks , Copyright Law , Patents 0 Comments

Patents Fuel American Ingenuity

In the famous words of Abraham Lincoln, "the patent system added the fuel of interest to the fire of ingenuity". The founding fathers of our country chose to provide every citizen the incentive to create and invent.

A patent is a right, granted by the United States to an inventor, to exclude others from making, using, selling and even importing an invention into the United States without his or her permission.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patents 0 Comments

Florida State University Pursues Patent for Commercial Applications of Liquid Helium

A professor of mechanical engineering with the Florida A&M University / Florida State University College of Engineering sees potential for commercial applications of his patent-pending technique for particle separation.

Continue Reading Posted By John Rizvi In Advanced Patent Issues , Patent Cases, News & Updates , Patents 0 Comments

Patented Energy Generators To Offer Clean And Ecological Energy

The groundbreaking invention of Eolic Marine Electrical Generator “GEEM” has been granted United States Patent No. 20030201645. According to an article in freepatentsonline.com, the generator captures the huge impulse force of water and wind in generating mechanical energy and re-transforms the mechanical energy into clean and ecological electrical energy that does not require the consumption of vital oxygen.

The immense split, self-regulating panels are radially fixed to a rotary central shaft in a dihedral angle. With this arrangement, it captures by shock the inexhaustible energy of the waves, the ocean currents or the wind. The panels can also be fixed on flying or rotary machines of high speed that has panels formed by oscillating vanes at a certain time of a turn of 360 degrees.

The invention would permit the renewal of resources as well as help obtain electrical energy from any part of the planet such as from forests, cities, deserts, countryside, seas, and mountains.

Posted By John Rizvi In Patenting Innovations in Recreational Boating, Marine Equipment & Accessories 0 Comments

Adequately Disclosing Your Invention in the Patent Application

A patent holder's rights of preventing others from making, using, and selling an invention is contingent upon the invention being adequately disclosed to the public in the patent application.

Adequate disclosure is the ticket price you pay for patent protection. No ticket-no ride. An invention that is not adequately disclosed is not entitled to patent protection.

Continue Reading Posted By John Rizvi In Invention & Patent Basics , Patent Language Critical , Patents 0 Comments

Patents

All blog postings to this category are related to Patents as they appear in the law. A patent is defined as an exclusive right to the benefits of an invention or improvement granted by the U.S. Patent Office, for a specific period of time, on the basis that it is novel, "non-obvious", and useful. There are three types of patents: a) "utility patent"; b) "design patent"; and c) "plant patent".

Posted By LexBlog In Patents

Fishing Is More Fun With Patented Fishing Lure Pouch

fishing lure pouchAn elongated hollow fishing lure pouch has obtained the US Patent 5992082. The invention of Barefoot, Harold E. (Tipp City, OH, US) permits a fishing lure to be retained in a hollow pouch with a fishing rod and reel (when not fishing).

According to an article in www.freepatentsonline.com, the lure can be held without worrying about the potential interference of objects or persons with the fishhooks on the lure.

The lure pouch is made of a relatively flexible elastomeric material, which has a high memory retention and can be operated by squeezing the opposite ends of the pouch towards each other by opening a slit that extends lengthwise of the pouch. This slit allows the lure placing or removal from the pouch. The pouch conveniently helps the installation and the removal of the lure without having to handle the lure and the hooks physically. The pouch also covers the lure and shields it from the rods while carrying.

Posted By John Rizvi In Patenting Fishing Equipment, Tackle & Supplies 0 Comments

Patented Exercise Bike For The Elderly And The Weak

Exercise BikeA motorized exercise bike invented by David H. (Lawrenceville, GA) has been granted US Patent 6,220,991. According to an article released in www.findthatpatent.com, the patented exercise bicycle is equipped with an electric motor has been designed for the elderly, infirm and the physically disabled.

The exercising bicycle has “automatically reciprocating handlebars” and comes with a frame that has a fan blade type wheel attached onto it. The wheel has a pedal assembly linked to it, which enables the rotation of the pedal that eventually leads to the rotation of the wheel. The invention brings forth an exercise bicycle, which has an electric motor assembly for automatically enabling the rotation of a pedal assembly.

A physically challenged person would be able to have a light, assisted workout with this motorized exercise bike. This patented motorized fitness equipment would help the weak patients with controlled workout without stressing the muscles beyond limits.

Posted By John Rizvi In Patenting Exercise Equipment and Recreational Sporting Goods & Methods 0 Comments