Industrial IP

Third-party or preissuance submissions are a tool for third parties to submit patents, published patent applications, or other non-patent literature that may be of potential relevance to the examination of a patent application. The U.S. Patent and Trademark Office’s Third-Party Submission Program has been available since September 2012, but has not been frequently used, though the USPTO considers third party submissions to be a valuable tool, as examiners are motivated to apply the best prior art available to make a rejection, regardless of who found the prior art.  However, current U.S. law limits when a preissuance submission can be filed, and thus the owner of the subject patent application is free to work with the U.S. examiner to overcome any submitted references, and the third party cannot participate in the ongoing prosecution. Regardless, third-party submissions can be useful in disrupting the prosecution of competitors’ patents. In regards to filing the submission...

On January 1, 2019, for the first time in over 20 years, works published in the United States will fall into the public domain due to copyright term expiration.  After the passage of the 1998 Copyright Term Extension Act (CTEA), copyright on works published before January 1, 1978 was granted a 20-year extension, increasing the term of copyright from 75 to 95 years.  Though all works published in the United States prior to December 31, 1922 were already in the public domain, those scheduled to be admitted on January 1, 1999 (i.e., all U.S. works published in 1923) were to remain bound by copyright protections for another 20 years.             The CTEA generated controversy during its development, as major media conglomerates, most memorably The Walt Disney Company, had been lobbying for nearly a decade to extend copyright protections.  As a result, the CTEA was derisively referred to as the “Mickey Mouse Protectio...

Learning cocktail making, as with many hobbies, has an inherent barrier to novices guarded by vexing terminology. What does it mean to “muddle” something? Is a “dash” the same amount as a “splash?” How can a cocktail be “dry?” Combined with an array of intimidating contraptions and an overwhelming abundance of complex, multistep recipes, it may be tempting to head out to the bar and put home mixology on the rocks. Somabar® and other companies are seeking to change that. In the age of instant and facile domestic comfort led by smart home technologies, one patentable space remains sparse – the automated home cocktail maker. As can be surmised by anyone who has been to a novelty robot bar, automated cocktail making is known. For example, Smart Bar USA claims to market “the world’s first patented touch-screen bar and automated cocktail dispenser” (see U.S. Patent No. 8,584,900, wherein the inventors recognize “a lack of the ability to provide mixed alcohol drinks” via the beverage d...

With all of the intellectual property buzz around self-driving cars and blockchain, those looking for new breakthrough concepts might consider adjacent technologies that typically do not receive the same media attention. One of those areas that shows great promise is precision farming. Precision farming is at the cross-roads of numerous engineering disciplines, including artificial intelligence, e-commerce, mechanical engineering, genetic engineering, control systems, drones, and more. Farms are a business and rely on technology for everything from improved seeds to determining how and when to harvest to pest control. Many of the recent patent filings in this field of technology originate from China. Given that so many Chinese inventors have recognized the value in this field, it may be fertile ground for start-ups if they can get their concepts on file at the patent offices in time.

The burgeoning marijuana industry is witnessing incredible growth as the previously forbidden fruit becomes legal in an increasing number of states.  While the public is quick to adopt its legalization, other sectors are slow to adapt and the USPTO is no exception.               Early internet patents predicting various ways in which the internet would be used are now viewed as overly broad and the USPTO has swung the pendulum in the opposite direction (hello Section 101 rejections). Marijuana patents appear to be in a similar phase; it’s hard to say what is overly broad for a new product.  However, unlike the internet, marijuana has been known and tested, with many experiments occurring in the last century.  This presents an interesting issue - companies may patent previously known compositions, strands, and the like with little consequence, for now, as documentation of marijuana experimentation was ...

Inventions are often born out of a desire to improve upon current market products. If this is the case with your invention, clearly pointing out prior art that your invention has improvements over is useful information to include in a patent application. One example of a patent application that includes discussion of prior art is for the “Nut Wizard” (U.S. Pat. No. 6,460,249 B1), a rolling basket with a handle that is used to pick nuts and fruit off of the ground. The patent application for the “Nut Wizard” does a great job of emphasizing improvements made over other devices in the same space. For example, the “Nut Wizard” application points out how U.S. Pat. Nos. 3,215,293 and 3,604,190 includes axles that run through a basket, which may be difficult and expensive to produce. Then, to clearly contrast this prior art, the “Nut Wizard” application explains features that make it simple and inexpensive to construct.    Pointing out disadvantages in prior art and how you...

Volvo Trucks has just admitted to serious engine emission control problems in a new Press Release . The problem is not clearly defined, but rather the press release vaguely refers to it as follows: “The Volvo Group has detected that an emissions control component used in certain markets is degrading more quickly than expected, which could cause the engines to exceed emissions limits for nitrogen oxides (NOx). All products equipped with the component meet emissions limits at delivery; the degradation is due to a materials issue that occurs over time. A full analysis of the issue is not completed and it is not possible to assess the financial impact at this stage; however, the cost could be material.” — Volvo Trucks Press Release One possible source that fits with this wording is degradation of an SCR catalyst using reductant injection. Another, previous, Volvo Press Release touted the advantages of such as system: “The solution was to improve the selective catalytic reduct...