A Board Certified Patent Attorney

Archive for the ‘Invention & Patent Basics’ Category

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;

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.   “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 comm

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.   Where the invention is a process or method, a flow chart showing the steps can be prepared. Such materials are very helpful in understanding the uique features of the invention and provide a starting point from which professional patent illustrations can be prepared.   It is advisable for those seeking patent protection with the United States Patent & Trademark Office to consult with a patent attorney who is more

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.   The article cites the example of Rocco Monteleone, who opened the cereal cafe Bowls, in Gainesville, Florida, near the University of Florida. Monteleone received a cease & desist letter from the attorney for Cereality, a cereal cafe which originated in Arizona State University, saying that he was in violation of Cereality’s “methods and system” of selling cereal.   Although the United States Patent & Trademark Office, under mounting criticism of this trend, has increased t

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.   This new technology being patented by the United States Patent & Trademark Office, still needs some tweaking, but this isn’t stopping Ice House America’s owners from taking the idea worldwide and expanding dealerships to the rest of the county, as well as locations in Central and South America.   If you have a innovative idea such as this and are considering filing a patent application with the United States Patent & Trademark Office, I suggest you contact a patent l

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.   Infringement of intellectual property, including patents and trademarks, is a very serious matter. If you have any questions or concerns regarding enforcement of your patent or trademark rights, please contact a qualified intellectual property attorney that can address these issues

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.”

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 

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. It is far better to discuss your invention in general terms and not reveal how it works prior to the filing of a patent, than to reveal important details and rely solely on a Non-Disclosure Agreement. Remember that to enforce a Non-Disclosure Agreement, you may have to go to court. Even if you event

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. Most importantly, prematurely disclosing your invention can jeapordize your ability to obtain patent protection. In the United States, there are certain deadlines which must be met in order to avoid the loss of patent rights. One of these is that in the United States an inventor must file a patent application with the United States Patent & Trademark Office within one year of the first date on which the invention was in

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: Utility Patents – The vast majority of new inventions should be protected with a utility patent. A utility patent protects the function of an invention. Utility patents are granted for any new, useful and non-obvious process, machine, manufactured article, or composition of matter. Patents are also granted for new and useful improvements to existing inventions. How long does utility patent protection last? The term of a utility patent is 20 years from the date of filing. For twenty years, the invent

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

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. Fort Lauderdale Broward County Main Library 954-357-7444 Miami Miami-Dade Public Library 305-375-2665 A third patent depository location is in Orlando, Florida: Orlando University of Central Florida Libraries 407-823-2562 A comprensive listing of patent depository libraries is available by visiting the U.S. Patent & Trademark Office Library Listing Page. These libraries all have extensive collections of issued patents that can be searched. Many of them have qualified

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. A professional patent search is often advisable before proceeding with the patenting of your invention. Costs for having a patent search depend upon a number of factors but typically are under $1,500 for most m

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. Where the invention is a process or method, a flow chart showing the steps can be prepared. Such materials are very helpful to us in understanding the unique features of the invention and provide a starting point from which professional patent illustrations can be prepared.