WELCOME
Welcome to the August SVPG newsletter! In addition to the
hot topics below in this newsletter, we'd like to remind y'all of the ways our
firm is unique in its services.
Firstly, we build invention protection -- one job quote at a time: - our step-by-step approach breaks up the
multi-year patent process
- our budget predictability means no hourly
billing nor "nickle-diming"
- our learning about client needs and giving a
written proposal is a free service.
Secondly, at our
law firm, a "job" means a contract resulting from a client-accepted
written proposal which includes:
--- and we include post job services until the next job
proposal/agreement (helps to avoid "nickel-diming" or hourly
billing).
Thirdly, our
"standard pricing" is based on the detailed scope of work of the job:
our firm, at no cost to the client, predicts the
effort, experience, etc., desirable in view of the particular invention and
predicted legal requirements
our pricing is based on such doing-the-work
predictions -- not the size of the client's pocketbook
we assist our clients to work within an
available budget by making adjustments to the scope of work so the client gets
"Best Bang for the Budget®".
If you or your
referrals have questions about Stoneman Volk Patent Group unique way to serve
clients, just call us anytime at 888-252-2200. |
"We don't need the hardhat to do the job quote"
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Intellectual Property News
SUPREME COURT DECIDES BILSKI CASE
BUSINESS METHODS STILL ALIVE
The
long-awaited Bilski opinion was issued by the United States Supreme Court
earlier this month. For some, it was a sigh of relief that the Supreme
Court did not categorically eliminate so-called "business methods" as
patent eligible subject matter.
At issue
in the case was whether Patent Applicant Bilski's "risk hedging"
method was patentable subject matter. The Federal Circuit said
"no", ruling that only those methods that were implemented on a
machine (e.g., a computer) or transformed matter (e.g., transformed raw rubber
into a tire) were patent eligible.
On
appeal, the Supreme Court ruled that the Federal Circuit's "machine or
transformation" test was not the exclusive test for determining
patentable subject matter under 35 U.S.C. § 101; however, a "machine or
transformation" inquiry could be used as a "clue" to determine
whether a method/process was patent eligible.
While
the Supreme Court did not categorically exclude business methods from patent
eligibility, Bilski's patent application for a "risk-hedging" method
was declared unpatentable subject matter for allegedly being "too
abstract" of an idea.
The
Bilski decision was anxiously awaited by those in the patent industry. It
remains to be seen how the Patent Office and courts will interpret the
decision. However, at this time, business method processes that are not
"too abstract" should still be considered patent eligible.
If you are
interested in reading the entire opinion, click here
for a pdf. |
Staff News Musical staff and Musical Patents
In addition to filing music-related patents on a regular basis, we also have staff members who practice their preferred musical instruments regularly outside of the workplace. This month we highlight a few of our staff members and their musical talents.
Marty Stoneman started playing trumpet and other brass instruments at age 8 and played all the way through college. He participated in all of the school bands, such as marching bands and dance bands. Marty stopped playing trumpet around age 30, however, he continued playing guitar and tenor banjo "badly but enjoyably," in his own words.He played both until just a few years ago. In addition, he also has experience as a lyricist and poet. For example, cooperating in college to write the lyrics for several opereta type shows. Marty added, "I did lyrics for the college plays and musicals while one of my buddies would play the piano, we did it for the entire show." Although Marty no longer plays, he prepares and files patents on music theory.
Michael Volk .....
Kara Billar was given a Banjo on her 22nd birthday, although she didn't begin playing regularly until just a couple years ago when she began taking lessons. When asked about how often she plays, Kara responded, "I play my
banjo almost everyday, it is a part of my day, it is how I wind down after
work."
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Common Patent Mistakes
PATENTS:
SOME COMMON MISTAKES BUSINESSES MAKE
Mistake:
Not knowing that intellectual property is time sensitive Fact: Innovations and methods
can become public domain (and be rendered unpatentable) if patent
applications aren't filed in time. Disclosure, advertisement, use,
or sale, etc., of an innovative product or process before filing a patent
application may result in the loss of international and/or United States
intellectual property rights.
Mistake:
Believing non-disclosure agreements alone can protect intellectual
property Fact: Non-disclosure
agreements do not provide licensing rights, do not establish a priority
date for overcoming prior art, and do not protect against independent
development by others. It may also be difficult to establish when
and if non-disclosure agreements are breached, since use of independent
innovations cannot be prevented.
Mistake:
Thinking that your competitors can't patent your trade secrets Fact: If your competitors
independently develop the same innovations as your trade secrets, those
competitors could patent the innovations which might prevent you from
using your trade secrets.
Mistake:
Believing that patents don't provide value Fact: Patents can provide
additional revenue streams from licensing. Patents can also be used
to maintain a monopoly and hinder competition. Some innovative
solutions your business has developed may have applications in other
industries and fields (which could result in licensing income from
non-competitors). Patents can also be leveraged in cross-licensing
agreements to allow your business the use of others' patented innovations.
Mistake:
Thinking that all patents are created equal ("A patent is a patent is a
patent...") Fact: The strength or
weakness of a patent depends on several factors, such as the language
chosen to enable and claim the innovation. A well-written patent is
more likely to provide broader protection and less likely to be
invalidated by litigation.
Mistake:
Not recognizing that innovative methods and technology are potentially
patentable Fact: Many businesses don't
realize that their innovative processes, software, technology, etc., are
potentially patentable. Patents are available for many types of
innovation, not just mechanical devices.
Mistake:
Thinking patent costs are hard to predict or budget Fact: Stoneman Volk Patent
Group provides competitive fixed fees, quoted in advance, so that
businesses may make decisions and budget predictably. Our office can
help with intellectual property strategies to fit any budget.
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The ABC's of
great Patented Invention History
What do you
think are some of the greatest inventions of all time??
Here is a
continuing series with a few to consider..
Air
Conditioning - 1920 by Willis Haviland Carrier
(U.S. Patent No. 1,330,238)
Automotive
Airbag - 1952 by John Hetrick (U.S. Patent No. 2,649,311)
Barbed Wire -
1874 by Joseph Glidden (U.S. Patent No. 157,124)
Can Opener - 1870 by Willtar W.
Lyman (U.S. Patent No. 105,346)
Crossword
Puzzles - 1925 by Arthur Wynne (U.S. Patent No. 1,558,071)
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 Alphabet Soup
J - joint inventor (also "co-inventor") -
an inventor who is listed with
another inventor in a patent
application. Each inventor must
contribute to least one claim in
the application.
K - kind
codes (A1, B1, B2, etc.) - typically includes a letter and a number,
and is used to distinguish the kind of patent document (publication of an
application for a utility patent or patent, plant patent application
publication or patent, or a design patent, and the level of publication (i.e.,
first or second publication, or corrected publication, etc.).
L- letters patent (also "patent") - a property right which is granted to an inventor by the
U.S. government "to exclude others from making, using, offering for sale, or
selling the invention throughout the United States or importing the invention
into the United States" for a specified amount of time in exchange for public
disclosure of the invention when the patent is issued.
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Stoneman Volk Patent Group
Offices:
3770 N. Seventh St. Suite 100
Phoenix, AZ 85014
501 W. Broadway St. Suite 800
San Diego, CA 92101
Tel: (888) 252-2200
Fax: (877) 786-6362
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