Industrial IP

A picture is worth a thousand words.  Various figures may be included in a patent application for aiding the  description of the invention.  In a patent application claiming a control system method or process, a flow chart showing the steps of the method is usually necessary.  In addition to the flow chart, it may be beneficial to include a timeline figure illustrating the operation of the actuators and/or sensors, and the change in parameters when implementing the method. Though there may be some overlap of coverage between the flow chart and the timeline, the two figures are complimentary to each other, and may be utilized during prosecution to aid the application from different perspectives.  For example, the flow chart may emphasize the actions, such as the action of opening a valve, turning on a component, or reading a sensor, while the timeline may emphasize the other aspects of the action, such as increased air flow responsive to the opened valve....

A previous post described the strategic importance of pursuing patent protection. Therein, the Scrub Daddy served as an excellent example, where Aaron Krause pursued a design patent application during the infancy of his business likely due to money being diverted to the marketing and manufacture of his sponge.  This decision allowed him to secure a $200,000 offer on Shark Tank and grow his business into a multi-million dollar company.             Herein, we provide an example of an ice maker which goes by a variety of names, including Ice Genie and Ice Wizard.  While both names are magical, the landscape in which they are selling these ice makers is not.  Searching Ice Genie in Amazon reveals many similar looking products providing the same features.  Not to mention, Ice Genie and Ice Wizard do not appear to be owned by the same company, while the product offered is the same.      ...

            Household staples are often overlooked as materials which can be improved upon.  Consumers typically use their dish racks, knife blocks, mops, and dish rags without further consideration.  However, Aaron Krause, founder of Scrub Daddy, created a multi-million dollar company by hand-washing his dishes and adding a smile to the sponge.             Scrub Daddy has burgeoned into a wildly successful company, which may be in large part to Krause’s patent pursuits.  His first patent pursuit included a design patent (USD671515S1) filed in 2007, five years before he appeared on Shark Tank.  The benefits of the design patent include its lower cost compared to a utility patent but potentially shorter shelf-life (15 years).  In hindsight, this was a brilliant way for Krause to affordably protect the Scrub Daddy while suiting potential investors.  Kr...

There are many cases where a company may choose to file continuation applications. For example, in the food and beverage industry, a parent application may be directed towards a system for packaging food, and then a continuation application may have coverage on a method for packaging the food. This approach may have advantages for obtaining patent coverage on various aspects of an invention, while maintaining the benefit of an earlier filing date.             As shown in the recent Nestle USA, INC. v. STEUBEN FOODS, INC. case, it is important to keep in mind that continuation applications may be subject to similar interpretation as related patent applications.             In particular, a decision was recently rendered in favor of Nestlé with regards to an aseptic food packaging patent to Steuben Foods, Inc. (U.S. Pat. No. 6,481,468 B1).       ...

Has innovation in renewable energy been slowing down? Patents are a unique indicator for technology development.  They are one of the most accurate and timely resources for estimating the trend of development in a technical field. Global warming and environmental pollution call for clean technology to provide affordable alternative energy sources, as well as reduced carbon emission.  There is speculation that the drastic policy changes of the Trump administration and Congress might reduce innovation in cleantech, which could be evidenced by the decreased number of cleantech patents granted by the USPTO since 2014. Since the patent filing process generally experiences a time lag of around two years, the drop in the number of granted patents is more likely the result of a decreased number of patents filed around 2012-2013.  IRENA (International Renewable Energy Agency) data shows that 28,282 renewable energy patents were filed in the U.S. in 2012, while 18,311 were f...