Archive for the ‘Invention & Patent Basics’ Category
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? 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 […]
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. 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 […]
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 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 […]
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 John 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’ ex
As a Florida Patent Attorney concerned with keeping the innovation pipeline full and streaming, I've often pointed out patenting opportunities as they emerge with social, cultural, and other macro trends evidenced around us. I don't think it will surprise anyone that I'm today urging Florida innovators to consider the strong opportunity for fuel-less alternatives.
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 […]
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.
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 thei
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.
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 I
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. 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 that all the certificate does is change the "R" in osmolaRity with a "L" so that it reads osmolaLity. Well, yes, BUT…. Whether
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 intellect
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."
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. “Clear disclosure upfront by applicants helps examiners more quickly make the correct decision about whether a claimed invention deserves a patent,” noted Jon Dudas, under secretary of commerce for intellectual property. “Clear, forthright disclosure benefits all, because the public – including potential investors – wants to know that a patent applic