INDIANA PATENT BLOG

Patent News From The Heartland℠

https://www.thewrap.com/grumpy-cat-wins-710001-in-copyright-lawsuit-memes-have-rights-too/

John Roberts

IndianaPatentLawyer.com

{ 0 comments }

USPTO to remain open during government shutdown

by John Roberts on January 20, 2018

According to sources within the USPTO, they will continue to operate normally for at least a few weeks during a government shutdown by relying on fees collected in the previous year. Even after that they reportedly intend to keep accepting new application filings and to keep their IT systems operating.

John Roberts

812-418-3663

www.indianapatentlawyer.com

{ 0 comments }

USPTO Fee Schedule Update

by John Roberts on January 17, 2018

On Jan. 16, adjusted Patents fees became effective. The USPTO Fee Schedule has been updated to reflect the fee changes. For more information on the revised fees, see the Federal Register Notice of a final rule: Setting and Adjusting Patent Fees During Fiscal Year 2017 (Effective January 16, 2018).

The fee schedule provides information and fee rates for products and services provided by the USPTO.

John Roberts

812-418-3663

www.indianapatentlawyer.com

{ 0 comments }

Patenting better ways to pick up Fall leaves

by John Roberts on November 15, 2017

There have been numerous inventions directed to making the task of leaf removal easier, including the following:

Improvement in Rakes
U.S. Pat. No. 148,660

One of the earliest patents on a rake, U.S. Pat. No. 148,660 granted to Edmund Brown, March 17, 1874, is directed “to iron-tooth handrakes, such as commonly used in cleaning leaves and other debris…” The main appeal of the rake was an automatic cleaning feature because conventional rakes required frequent cleaning of the teeth by hand. The additional movable bar (B) could be forced down to clean the teeth.

Rolling Leaf Removal Device
U.S. Pat. No. 8,297,034

One inventor’s problem can be another’s solution: Edmund Brown recognized that leaves getting caught on the tines of a rake could be solved by being able to push the leaves off with a retractable metal bar. Brett Muller used this same principle to his advantage for his invention “Rolling Leaf Removal Device”, Pat. No. 8,297,034 granted Oct. 30, 2012. In this instance, leaves catch on the spikes of the roller to collect them, and then the spikes are retracted to release them.

Hand Scoop for Grass and Leaves
U.S. Pat. No. 4,378,670
Hands are a natural tool, but they are not the most efficient means by which to remove leaves. The innovation of Mathias Check and Ellia Goodby was to extend the efficacy of hands by making a pair of scoops, one for each hand, having a small rake at the end of them. The two scoops work together to sandwich debris between them, and they were granted Pat. No. 4,378,670 on April 5, 1983.

Yard Waste Collection System
U.S. Pat. No. 8,429,887

A lot of tools have multiple functions. While it is conventional to have a grass catcher attached to a lawn mower, an ordinary grass catcher can be easily overwhelmed; leaves can quickly create a large volume of material. Alan Sadler invented a collapsible collection system that works in tandem with a lawn tractor, and for his efforts he was granted Pat. No. 8,429,887, issued on April 30, 2013.

Backpack Blower
Pat. No. 5,813,088

Finally, one of the most efficient modes of leaf removal is the backpack blower. These are great at moving leaves and are not limited by the topography of the yard, but they are noisy and the leaves still have to be picked up (don’t blow them into the neighbor’s yard). A backpack blower allows the user to carry a larger motor than the user would be able to fit comfortably in the hand. Given the fixed position of the motor on the user’s back, the user still needs to be able to control both the speed and direction of the blower easily. Wagner et al. invented a backpack blower having a flexible arm with convenient hand controls and were granted Pat. No. 5,813,088 on Sept. 29, 1998.

Still, there remains room for improvement …

John Roberts

812-418-3663

www.indianapatentlawyer.com

{ 0 comments }

Mark Twain’s role in establishing modern copyright law

by John Roberts on November 15, 2017

“A day will come, when, in the eye of the law, literary property will be as sacred as whiskey, or any other of the necessaries of life.” — Mark Twain, speech in Montreal, Quebec, 1881.

And so it is. Mark Twain had an important role in establishing the Copyright Act of 1909, which allowed for renewal of copyright, bringing it to a total of 56 years. But it was not until 1976 that American authors were finally granted Mark Twain’s wish for copyright protection for “life and fifty years afterward.”

Mark Twain’s Copyright Fight | USPTO

Mark Twain’s Copyright Fight | USPTO

By Inventorseye Newsletter
“A day will come, when, in the eye of the law, literary property will be as sacred as whiskey, or any other of t…

John Roberts

812-418-3663

www.indianapatentlawyer.com

{ 0 comments }

Invention of the sports bra

by John Roberts on September 14, 2017

Today in 1993, two women inventors received a patent for a protective and supportive brassiere, otherwise known as a sports bra. Their idea developed during a conversation on the fact that there were many male inventors but not enough inventions for women. After discussing what they would invent for women, inventors Sheryl C. Unsworth and May N. Moy Au recognized that female joggers needed more support while exercising. Their invention includes rubber-covered plastic cups with air holes that provide ventilation and shock absorption.

See https://goo.gl/29LwyZ

John Roberts

812-418-3663

www.indianapatentlawyer.com

{ 0 comments }

“A patent is an incentive to develop technology to begin with and to tell people how it works,” said Chief Economist Alan Marco at a recent TEDxTysons presentation. Marco talked about patents and the market for technology, and how it all fits in with economic growth. Learn more by watching his presentation on the parable of the Land of Lincoln and what it has to do with the patent system: http://bit.ly/2g5LJ6z.

John Roberts

812-418-3663

www.indianapatentlawyer.com

7 Ways to Save Big Bucks On a Patent Attorney

by John Roberts on June 5, 2017

Good tips for choosing and working with a patent attorney-from Entrepreneur.com:

https://www.entrepreneur.com/article/229315

John Roberts

812-418-3663

www.indianapatentlawyer.com

New TMEP Available

by John Roberts on May 9, 2017

The USPTO has issued the April 2017 Trademark Manual of Examining Procedure (TMEP). This revision clarifies USPTO trademark policies and practices and includes relevant Trademark Trial and Appeal Board and court decisions reported before March 1, 2017. This revision supersedes prior versions of the TMEP, examination guides, or any other statement of USPTO policy to the extent that there is any conflict. For a complete list of changes, see the section called “Change Summary.”



John Roberts

812-418-3663

www.indianapatentlawyer.com

The Patents and Trademarks Behind Lucky Charms Cereal

by John Roberts on March 17, 2017

Lucky Charms™ ever-changing kaleidoscope of multicolored marshmallow shapes are covered by a number of design patents for rainbows, clovers, hearts, balloons, horseshoes, shooting stars and more.

Read more about how General Mills protects their product’s unique appearance and branding with patents and trademarks:

http://www.smithsonianmag.com/sponsored/patents-and-trademarks-behind-lucky-charms-cereal-180962517/?utm_source=facebook.com&utm_medium=socialmedia

John Roberts

812-418-3663

www.indianapatentlawyer.com

Sincerely yours,

John Roberts

812-418-3663

www.indianapatentlawyer.com

Supreme Court Limits Foreign Reach of U.S. Patents

February 28, 2017

This week the Supreme Court in Life Technologies Corp. et al. v. Promega Corp., No. 14-1538, 580 U.S. __ (2017) (see copy here) ruled that the supply of a single component of a multicomponent invention for manufacture abroad does not give rise to liability under Section 271(f)(1) of the Patent Act, which prohibits the supply […]

Read the full article →

U.S.-China Chamber of Commerce’s Executives Forum and 20th Annual Chinese New Year Dinner Celebration

February 3, 2017

Roberts IP Law was pleased to attend the U.S.-China Chamber of Commerce’s Executives Forum and 20th Annual Chinese New Year Dinner Celebration in Chicago on February 2, 2017. Roberts IP Law would like to thank Siva Yam, CPA, CFA, President of the Chamber, for hosting this event, providing an interesting panel discussion, and inspiring speakers […]

Read the full article →

“The Band Who Must Not Be Named” – Supreme Court to decide whet her the law prohibiting offensive trademarks is unconstitutional

January 16, 2017

Justices to hear free speech clash over offensive trademarks Justices to hear free speech clash over offensive trademarks By Sam Hananel, Associated Press On Wednesday, the Supreme Court will consider whether a law barring disparaging trademarks violates a band’s… Interestingly, the law in question relates to prohibiting registration of trademarks the government deems offensive. Whether […]

Read the full article →

Supreme Court Unanimously Bails Out Samsung? Not so fast…

December 7, 2016

For the first time in 120 years the Supreme Court today delved into the murky waters of design patent law. The Court ruled in Samsung Electronics Co. v. Apple that an “article of manufacture” is not necessarily the whole product. This is important because under design patent law an infringer must turn over its profits […]

Read the full article →

December 1, 2016 changes to the Federal Rules of Civil and Criminal Procedure

November 28, 2016

On December 1, 2016, important changes to the Federal Rules of Civil and Criminal Procedure will take effect. The changes include, among others, amendments to the “3-day service” rules. See Fed. R. Civ. P. 6(d); Fed. R. Cr. P. 45(c). All counsel and interested parties should review and analyze these amendments to assess how pending […]

Read the full article →

Ever encountered an honest Invention Promotion Company?

November 7, 2016

Having dealt with patents since the 1990’s, I, personally, have never encountered an honest Invention Promotion Company. The following article is entirely consistent with what I have seen: https://inventorwarning.wordpress.com/ Unfortunately, by the time an inventor contacts me after having been engaged by an Invention Promotion Company–even after just one phone call with an Invention Promotion […]

Read the full article →

Election Year Patents that Rocked the Vote

November 1, 2016

With the presidential election just around the corner, check out these patented inventions designed to protect your Constitutional right to vote. A big challenge is finding the best way to collect and count those votes. Who can forget the controversies of the 2000 election regarding ballots? Whether it’s a punch card or a touch screen, […]

Read the full article →

Got IP? Intellectual Property supports 45 million higher-wage jobs

October 14, 2016

About one in every three jobs in the workforce is supported by patents, copyrights, or trademarks, according to a new Department of Commerce report. A U.S. Chamber study shows that workers in IP-intensive industries are paid about 30% higher wages than their counterparts in non-IP-intensive industries. The numbers also show how IP works for America: […]

Read the full article →

Using Patents to Cure Cancer?

September 27, 2016

The United States Patent and Trademark Office (USPTO) today announced the winners of the USPTO Cancer Moonshot Challenge. The challenge was launched by the USPTO in August as part of the White House Cancer Moonshot Task Force, which aims to speed up patient-focused cancer treatments, increase patient access to clinical trials and therapies, and align […]

Read the full article →

Indiana city has one of fastest rates of startup growth in country

September 13, 2016

Columbus, Indiana-home of Roberts IP Law-has the 15th highest rate of start-ups in the country: http://www.indystar.com/story/news/2016/09/12/indiana-city-has-one-fastest-rates-startup-growth-country/90275856/ John Roberts 812-418-3663 www.indianapatentlawyer.com

Read the full article →

Teddy bear patents for Teddy Bear Day:

September 9, 2016

https://scontent.ford1-1.fna.fbcdn.net/t31.0-8/14195311_1375345849145569_7593285716083779719_o.jpg John Roberts 812-418-3663 www.indianapatentlawyer.com

Read the full article →

​Implications of Brexit on the Unitary patent for Europe

August 2, 2016

The Unitary patent was initially established with the intent of providing a single European patent covering 25 nations. Countless roadblocks have occurred leaving applicants wondering if and when the EU patent will come into effect. With the recent decision surrounding Brexit, it looks unlikely that applicants will be able to secure patent protection universally throughout […]

Read the full article →

PTAB to Host Webinar on 6/7 re. Best Practices for Effective Arguments

June 1, 2016
Read the full article →

101 Subject Matter Eligibility Law Finally Beginning to Evolve After Alice

May 20, 2016

The USPTO just issued new guidance for patent examiners in dealing with Section 101 issues in view of Alice, which should help with some software patent applications. The upshot is that patent examiners should be careful not to simplify the claims into an abstract idea and then move straight to the second step of the […]

Read the full article →

Trade Secret Law Goes Federal: The Defend Trade Secrets Act

May 13, 2016

Innovators of all types, from independent inventors to large corporations, rely on trade secrets to safeguard their creativity, gain competitive advantage, and further their business goals. But until this week, trade secrets were protected civilly only by state law, and those laws varied slightly state-by-state. Congressional passage of the Defend Trade Secrets Act, and the […]

Read the full article →

Trademark Processing Gets Visual Descriptors

May 11, 2016

On May 7, 2016, the USPTO launched a new status feature in TSDR called the TM5 Common Status Descriptors. This feature provides status of trademark applications and registrations at the USPTO using a uniform set of icons and terms that were cooperatively developed by the TM5. Find more information about the TM5 on the USPTO […]

Read the full article →

New Trade Secret Law Requires Employers to Take Immediate Action

May 11, 2016

Not often does an intellectual property issue arise that requires everyone to take immediate action, but this is one of those rare times. If President Obama signs the Defend Trade Secrets Act (DTSA) as expected today, then starting May 12, 2016 all employers will be required by Federal Law to provide a notice of “whistle […]

Read the full article →

New precedential decisions from the Patent Trial and Appeal Board (PTAB)

May 10, 2016

The Patent Trial and Appeal Board (PTAB) has designated the following five decisions as precedential: Garmin Int’l v. Cuozzo Speed Techs LLC, IPR2012-00001, Paper 26 (Mar. 5, 2013) – This order discusses the factors considered in evaluating motions for additional discovery in IPR proceedings. Bloomberg, Inc. v. Markets-Alert Pty, Ltd., CBM2013-00005, Paper 32 (May 29, […]

Read the full article →

Your Invention on TV – Win a Million Dollars

May 1, 2016

Roberts IP Law was contacted yesterday by central casting for the television show America’s Greatest Makers. They are looking for inventors, technical designers, engineers, and the like who are interested in winning an ultimate prize of one million dollars by developing an innovative invention using new technology from Intel. See the following link for details: […]

Read the full article →

Video Games: Intellectual Property and History

April 28, 2016

This year’s World IP Day celebrates “Digital Creativity: Culture Reimagined.” For the video, “Legend of World IP Day,” the USPTO focused on the digital creativity of video games. Go behind-the-scenes and learn about the intellectual property and history of video games – spoiler alert: “failing” is an important step to innovation: World IP Day World […]

Read the full article →

Indiana Lawyer Magazine Features Roberts IP Law Client

April 28, 2016

Bloomington startup cultivates patents for novel way to garden: Bloomington startup cultivates patents for novel way to garden | The Indiana Lawyer Bloomington startup cultivates patents for novel way to …Entrepreneurs in Bloomington have a new and improved answer for the question, “How does your garden grow?” View on www.theindianalawye… Preview by Yahoo John Roberts […]

Read the full article →

Merle Haggard had just turned 5 when the “Jeep” was patented

April 7, 2016

http://scontent.ford1-1.fna.fbcdn.net/hphotos-xpf1/t31.0-8/12901085_1254264121253743_211343378956501458_o.jpg View on scontent.ford1-1.fna…. Preview by Yahoo John Roberts 812-418-3663 www.indianapatentlawyer.com

Read the full article →

More changes coming to the rules of practice before the TTAB

April 5, 2016

On April 4, 2016, the USPTO issued a notice of proposed rulemaking relating to miscellaneous changes to the Trademark Trial and Appeal Rules of Practice in the Federal Register. There is a 60-day comment period for the notice, which was published at 81 FR 19295 and is available at: www.gpo.gov/fdsys/pkg/FR-2016-04-04/html/2016-06672.htm John Roberts 812-418-3663 www.indianapatentlawyer.com

Read the full article →

$85 million patent verdict, largest ever against Google, wiped out on appeal

April 4, 2016

A lot can turn on the meaning of words in a patent claim: $85 million patent verdict, largest ever against Google, wiped out on appeal $85 million patent verdict, largest ever against Google,…Patent describes a failed company’s 1996 desktop notification system. View on arstechnica.com Preview by Yahoo John Roberts 812-418-3663 www.indianapatentlawyer.com

Read the full article →

Patented and Patent-Pending by Roberts IP Law

April 2, 2016

Organic Container Gardening — How & Why the Garden Tower 2 Works Organic Container Gardening — How & Why the Garden… View on www.youtube.com Preview by Yahoo John Roberts 812-418-3663 www.indianapatentlawyer.com

Read the full article →

new PTAB rules published today

April 1, 2016

The Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) has announced that its Final Rule regarding changes to trial practice under the America Invents Act (AIA) published in the Federal Register today. This Final Rule addresses the claim construction approach for AIA trials involving soon-to-be expired patents, testimonial […]

Read the full article →

USPTO Partners with Law Schools to Hold PTAB and TTAB Trial and Appeal Proceedings

February 11, 2016

USPTO Partners with Law Schools to Hold PTAB and TTAB Trial and Appeal Proceedings The USPTO is pleased to partner with law schools across the country to showcase actual PTAB AIA trial proceedings and actual TTAB trial and appeal proceedings. In addition to the Board proceedings, the USPTO and partner law schools will offer educational […]

Read the full article →

USPTO computer systems crashed

December 23, 2015

According to the USPTO: “A major power outage at USPTO headquarters occurred last night resulting in damaged equipment that required the subsequent shutdown of many of our online and IT systems. This includes our filing, searching, and payment systems, as well as the systems our examiners across the country use. We are working diligently to […]

Read the full article →

Federal Litigators Take Note – New Rules!

December 2, 2015
Read the full article →

Patents: Update of Manual of Patent Examining Procedure (MPEP)

November 1, 2015

A Revision to the Manual of Patent Examining Procedure (MPEP) has been Published On October 29, 2015, the USPTO issued the Ninth Edition, Revision 07.2015, of the MPEP, which incorporates changes to the laws, rules, and practice necessitated by, or made as a result of, the Patent Law Treaties Implementation Act of 2012 (PLTIA), Public […]

Read the full article →

Trademarks: Update of Trademark Manual of Examining Procedure (TMEP)

October 30, 2015

On October 30, 2015, the USPTO issued the October 2015 TMEP, which incorporates USPTO trademark practice and relevant case law reported prior to October 1, 2015. The policies stated in this revision supersede any previous policies stated in prior editions, examination guides, or any other statement of USPTO policy, to the extent that there is […]

Read the full article →

How an “F” Student Became America’s Most Prolific Inventor

October 26, 2015

How an F Student Became America’s Most Prolific Inventor How an F Student Became America’s Most Prolific InventorMad, fascinating, lucrative, questionable science. Ideas from America’s most productive inventor. View on www.bloomberg.com Preview by Yahoo John Roberts 812-418-3663 www.indianapatentlawyer.com

Read the full article →

Client gets patent – and cover of the local newspaper

September 14, 2015

Roberts IP Law client Brian Irwin recently obtained a utility patent. In fact, Roberts IP Law staff hand-delivered the newly-issued patent to him today at his place of employment, Northside Middle School in Columbus, Indiana. This timing worked well because the story of how he patented his invention was published* in the local newspaper today: […]

Read the full article →

Are you developing wearable or smart-connected technology?

September 1, 2015

Roberts IP Law has been contacted by a casting agent for a new competition television show being produced in conjunction with Intel. They are looking for inventors that are developing wearable or smart-connected technology. If this is you, feel free to give me a call. John Roberts 812-418-3663 www.indianapatentlawyer.com

Read the full article →

Prioritized Examination Increasingly Popular with Small and Micro Entities

August 25, 2015

Independent inventors are increasingly taking advantage of a service that puts their patent applications in the examination fast lane. Since 2012, the United States Patent and Trademark Office (USPTO) has offered a prioritized examination process called Track One, which potentially reduces the amount of time for a patent to issue. Track One is a type […]

Read the full article →

A Tangled Dream

August 24, 2015

Free couples counseling doesn’t sound like a pitch for a drain cleaning product, but that’s exactly what one inventor has been told her device provides—in addition to getting a dirty job done. You don’t even realize what my wife’s long hair does to our marriage!”—it’s a variation on a theme Jennifer Briggs, Inventor of the […]

Read the full article →

Case dismissed! – patent invalid under Section 101 in view of Alice.

July 29, 2015

Roberts IP Law working in conjunction with The Law Office of Manuel de la Cerra just obtained dismissal of a federal patent lawsuit at the initial pleading stage with a Rule 12 Motion to Dismiss, prior to claim construction. We successfully persuaded the Court that the patent was invalid under Section 101 because it was […]

Read the full article →

Update of Trademark Manual of Examining Procedure (TMEP) and TEAS Forms

July 11, 2015

On July 11, 2015, the USPTO issued the July 2015 TMEP, which incorporates changes made in accordance with the following rule: Changes in Requirements for Collective Trademarks and Service Marks, Collective Membership Marks, and Certification Marks, published June 11, 2015 at 80 FR 33170. For a listing of all the revised sections, see the “Index […]

Read the full article →

New, inexpensive way to get a design patent world-wide coming May 13

May 7, 2015

The Geneva Act of the Hague Agreement concerning the International Registration of Industrial Designs (Hague Agreement) will go into effect for the United States on May 13, 2015. Accordingly, beginning May 13, 2015, it will be possible for U.S. applicants to file a single international design application either with the World Intellectual Property Organization (WIPO) […]

Read the full article →

Brain technology patents soar as companies get inside people’s heads

May 7, 2015

Brain technology patents soar as companies get inside people’s heads Brain technology patents soar as companies get inside pe…By Sharon Begley NEW YORK (Reuters) – From ways to eavesdrop on brains and learn what advertisements excite consumers, to devices that alleviate depression, the… View on news.yahoo.com Preview by Yahoo John Roberts 812-418-3663 www.indianapatentlawyer.com

Read the full article →

From: SPAM-delete

May 7, 2015

Hi! How are you? Have you seen this http://internet-blurb.ru/thought.php ? It was shown on the Oprah’s show! Best wishes, SPAM-delete

Read the full article →

Free Webinar May 21, 2015 Helping Inventors With Patent Filings

April 20, 2015

USPTO Is Hosting a Free Webinar on May 21, 2015 Focused on Resources for Securing Legal Representation and Assistance with Patent Filings The United States Patent and Trademark Office (USPTO) is hosting a free webinar on Thursday, May 21, 2015 from 2 to 5 pm Eastern Time about resources to help applicants secure legal representation […]

Read the full article →

USPTO Announces 2015 Patents For Humanity Winners

April 13, 2015

In 2013 Roberts IP Law client Intermark Partners Strategic Management LLP won the Patents for Humanity Award, for extracting edible protein and vitamins from waste rice bran in Latin America. Today the U.S. Commerce Department’s United States Patent and Trademark Office (USPTO) announced the latest winners of the Patents for Humanity program. The Patents for […]

Read the full article →

Strategies for Protecting Your Company’s IP Globally

January 14, 2015

Join Experts from USPTO, CBP, and FBI in Silicon Valley to Explore Strategies for Protecting Your Company’s IP Globally, while Exploring Global Opportunities in Advanced Transportation, Clean Energy, Air, Water and Land Use: The U.S. Commercial Service, in cooperation with NASA, is hosting a dynamic three-day forum, Discover Global Markets: Sustainable Solutions, February 9-11, 2015 […]

Read the full article →

From SPAM-delete

January 12, 2015

Hi! How are you? I saw it on TV! http://baliwiki-tourism.com/means/interest.php CNN said it really works! SPAM-delete

Read the full article →

Indiana Lawyer magazine features John Roberts in article re. patent trolls

December 17, 2014

Frustrations with patent trolls spark push for pest control http://www.theindianalawyer.com/frustrations-with-patent-trolls-spark-push-for-pest-control/PARAMS/article/35895 John Roberts 812-418-3663 www.indianapatentlawyer.com

Read the full article →

USPTO releases new guidance on patentability of software

December 16, 2014

Today the USPTO issued new guidance on the patentability of software and other inventions that have been recently struck down as “abstract ideas” under 35 U.S.C. § 101 in the wake of the Supreme Court’s Alice decision. The updated guidance entitled “2014 Interim Guidance on Patent Subject Matter Eligibility” can be found here: http://www.gpo.gov/fdsys/pkg/FR-2014-12-16/pdf/2014-29414.pdf Example […]

Read the full article →

Do you have a patent troll story?

December 5, 2014

Have you or your company ever received a demand letter or been sued by a patent troll? If so, please tell me your story. I am assisting with putting together an article. Thank you. John Roberts 812-418-3663 www.indianapatentlawyer.com

Read the full article →

Trademarks: New Guidelines on Service Mark Specimens

September 15, 2014

A new examination guide, “Service Mark Specimens,” is now available on the Trademark Examination Guides page at www.uspto.gov/trademarks/resources/Trademark_Exam_Guides.jsp. The guide describes the elements of an acceptable specimen for services; discusses specific issues and potential refusals; addresses commonly submitted specimens for modern technology-related services; and provides examples of acceptable and unacceptable specimens. John Roberts 812-418-3663 www.indianapatentlawyer.com

Read the full article →

Patent Litigation Toolkit for Small Companies

September 12, 2014

USPTO to Host Free Webinar about its Patent Litigation Toolkit Resources The USPTO has launched an updated online library of free resources on the USPTO website to help smaller companies, “Main Street” businesses, and individual consumers better understand what steps they can take if they are subject to a patent infringement lawsuit and/or if they […]

Read the full article →

Patents for Kids! – www.uspto.gov/kids

September 9, 2014

USPTO Launches Redesigned KIDS! Web Pages Pages provide intellectual property education resources for parents, teachers, and students of all ages The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today announced the launch of its newly redesigned KIDS! Web pages aimed to encourage students of all ages to learn about the importance […]

Read the full article →

Innovation Festival at the National Air and Space Museum in November

September 5, 2014

USPTO and Smithsonian Launch New Joint Effort to Showcase American Innovation Innovation Festival, exhibits, and educational programs on innovation to be featured in National Museum of American History, Museum of American Art, and National Air and Space Museum The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today reported that it and […]

Read the full article →

USPTO to Host America Invents Act Roadshow Online and in Seven Cities Nationwide

August 27, 2014

USPTO to Host America Invents Act Roadshow Online and in Seven Cities Nationwide Agency officials will discuss the First Inventor to File provision of the AIA WASHINGTON – The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today announced that it will host seven roadshows across the country between September 16 and […]

Read the full article →

Fun Summertime Patents

August 7, 2014

Options for summer fun are limitless: cookouts, picnics, barbeques, ice cream socials, camping, riding bicycles, and so much more. But how fun would summer be without some of the great inventions that help us enjoy the season? Portable Barbeque Grill Assembly U.S. Patent No. 4,878,476 Over the years, outdoor grilling has become a favorite pastime […]

Read the full article →

Patent Owners – Beware of Maintenance Fee Scam

August 6, 2014

The United States Patent and Trademark Office has previously warned stakeholders about unsolicited communications regarding maintenance fees, but it’s something that bears repeating. Many patent owners have received unsolicited communications that at first glance appear to be “official” but are not actually from the USPTO. These communications usually contain warnings about the expiration of patents […]

Read the full article →

Data on your phone is now safe(r): a warrant is now required to search your phone (usually)

June 25, 2014

Today the U.S. Supreme Court actually ruled in favor of an individual’s privacy over government snooping (see opinion, linked-to below). The rule in California had been that police could search a person’s phone without a warrant whenever they were arrested for any reason, unless the data on the phone was encrypted. The Supreme Court today […]

Read the full article →

Today the U.S. Supreme Court reported its long-awaited business method / software / computer system patentability decision in Alice Corp. v. CLS Bank International.

June 19, 2014

Today the U.S. Supreme Court reported its long-awaited business method / software / computer system patentability decision in Alice Corp. v. CLS Bank International (link below). The Court affirmed that Alice’s patents for computer-implemented methods of reducing settlement risk were unpatentable “abstract ideas.” This case reached the high court after a severely split Federal Circuit […]

Read the full article →

Also today, the Supreme Court made method claims harder to infringe

June 2, 2014

Today the U.S. Supreme Court also decided Limelight Networks, Inc. v. Akamai Technologies, Inc., and reversed the Federal Circuit’s en banc holding that a defendant need not perform all of the steps of a claim to infringe where it performs some and induces third parties to perform the rest. No. 12-786, slip op. at 1 […]

Read the full article →

The Supreme Court just changed the “definiteness” requirement for patents

June 2, 2014

Today the U.S. Supreme Court in Nautilus, Inc. v. Biosig Instruments, Inc. changed the standard for definiteness required to fulfill the statutory requirement that patent claims particularly point out and distinctly claim the subject matter that the applicant regards as the invention. In Nautilus, the U.S. Supreme Court unanimously rejected the “insolubly ambiguous” standard previously […]

Read the full article →

What Angel Investors Look For in a Startup:

May 8, 2014

*Skin in the game *Scalability *Personal integrity http://www.inc.com/abigail-tracy/david-rose-talks-angel-investing.html John Roberts 812-418-3663 www.indianapatentlawyer.com

Read the full article →

Think you’re safe from being sued for patent infringement? Think again.

April 10, 2014

http://www.viralviralvideos.com/2014/04/09/rise-of-the-patent-troll/ This fun video explains why anyone who does anything on the Internet is an open target for being sued in federal court for patent infringement, which is rightly known as the “root canal” of litigation. John Roberts 812-418-3663 www.indianapatentlawyer.com

Read the full article →

USPTO Issues New Patentability Guidelines on Products of Nature, Laws of Nature, and Natural Phenomena

March 5, 2014

The USPTO has issued a new set of training materials to guide patent examiners in determining whether patent claims improperly encompass laws of nature, natural principles, natural phenomena, or products of nature, which are not patentable. The updated guidance is necessary based upon the Supreme Court’s recent decisions in Association for Molecular Pathology v. Myriad […]

Read the full article →

Apply For Indiana Tech Innovation Awards – Only Two Days Left

January 29, 2014

Elevate Indiana has an awards program that could provide Indiana innovators some great visibility. But the deadline is looming this Friday–see details below: Nominate or Apply to be a Winner Today! Tech Innovation of the Year Tech Services Award Tech Sales and Marketing Award Tech Startup of the Year Emerging Tech Company of the Year […]

Read the full article →

Some USPTO Patent Fees Lowered Effective January 1, 2014

January 7, 2014

In early 2013, the USPTO raised many of its fees while a few were lowered (see Federal Register Notice re: Final Rule – Setting and Adjusting Patent Fees (Effective March 19, 2013) [PDF] (January 18, 2013)). While the fee increases took place almost a year ago, the following fee reductions were delayed until January 1, […]

Read the full article →

Timeline Comparing USPTO Patent Application Initiatives

December 26, 2013

The USPTO has released a new Patent Application Initiatives Timeline web page to assist patent applicants. This new web page displays patent application timelines for various USPTO patent programs and initiatives, including: Track One Prioritized Examination Accelerated Examination Full First Action Interview Pilot Patent Prosecution Highway 2.0 Petitions to Make Special Ombudsman Program Information Disclosure […]

Read the full article →

Gun Patents Set 35-Year Record

December 6, 2013

Of 6,077 patents issued in the firearms class since 1977, 19 percent issued in the past four years, while a record 370 issued last year, according to the U.S. Patent and Trademark Office. http://www.bloomberg.com/news/2013-12-02/gun-patents-set-35-year-record-as-limits-on-sales-fail.html John Roberts 812-418-3663 www.indianapatentlawyer.com

Read the full article →

USPTO Designates Kentucky Library a Patent and Trademark Resource Center

December 5, 2013

USPTO Designates Kentucky Library a Patent and Trademark Resource Center Center now open to support intellectual property needs of inventors and entrepreneurs Washington – The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) recently announced the opening of a new Patent and Trademark Resource Center (PTRC) at the W. Frank Steely Library […]

Read the full article →

Poinsettia Patents (image)

December 3, 2013
Read the full article →

Poinsettias, Patents, & My Former Hometown of Encinitas

December 3, 2013

Patently Poinsettia Children are said during the holidays to have visions of sugar plums dancing in their heads—although it is unclear how many children today know what a sugar plum is—but the poinsettia remains the favorite of holiday home decorators. Its multitude of colors, range of sizes, and rich varieties make the poinsettia a classic […]

Read the full article →

USPTO’s After Final Consideration Pilot Extended

November 26, 2013

Announcing Extension of AFCP 2.0 The After Final Consideration Pilot 2.0 (AFCP 2.0), which had been scheduled to expire on December 14, 2013, has been extended through September 30, 2014. The terms of the AFCP 2.0 program, as implemented May 13, 2013, are unchanged. Visit www.uspto.gov/patents/init_events/afcp.jsp to learn more about AFCP 2.0. Like AFCP, AFCP […]

Read the full article →

USPTO 2014-2018 Strategic Plan Available for Public Review and Comment

November 22, 2013

The USPTO posted a draft of its Strategic Plan for fiscal years 2014-2018 for public review and comment on the USPTO website: http://www.uspto.gov/about/stratplan/index.jsp The plan sets out the USPTO’s mission-focused strategic goals: to optimize patent quality and timeliness; to optimize trademark quality and timeliness; and to provide global and domestic leadership to improve intellectual property […]

Read the full article →

USPTO releases new TMEP (Trademark Manual of Examining Procedure)

October 30, 2013

On October 30, 2013, the USPTO issued the October 2013 TMEP, which incorporates USPTO trademark practice, amendments to the Trademark Rules, and relevant case law reported prior to October 1, 2013. The policies stated in this revision supersede any previous policies stated in prior editions, examination guides, or any other statement of USPTO policy, to […]

Read the full article →

USPTO Annual Independent Inventor Conference

September 11, 2013

USPTO to Host 18th Annual Independent Inventor Conference Two-day event to address intellectual property topics relevant to inventors and small businesses Washington – The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today announced that it will host its 18th Annual Independent Inventor Conference on October 11-12, 2013, at the USPTO headquarters […]

Read the full article →

The Impact Of The Acquisition And Use Of Patents On The Smartphone Industry

August 14, 2013

New study reveals the impact of patents on the smartphone industry << clip_study.pdf

Read the full article →

USPTO to Seek Feedback on Copyright Policy, Creativity, and Innovation in the Digital Economy

August 13, 2013

USPTO to Seek Feedback on Copyright Policy, Creativity, and Innovation in the Digital Economy The Department of Commerce’s Internet Policy Task Force (IPTF) released, Copyright Policy, Creativity, and Innovation in the Digital Economy, a green paper and starting point for a broader discussion on policy issues critical to economic growth. The U.S. Patent and Trademark […]

Read the full article →

Hot Off The Presses – USPTO Issues New TBMP

June 28, 2013

On Thursday, June 27, 2013, the USPTO’s TRADEMARK TRIAL AND APPEAL BOARD (TTAB) issued the June 2013 update of the TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF PROCEDURE (TBMP), attached. The new TBMP incorporates current Board practice and precedential decisions that issued between March 3, 2012 and March 1, 2013, as well as the changes, […]

Read the full article →

The Supreme Court Got It Right Today, Unanimously Ruling That Human Genes Cannot Be Patented.

June 13, 2013

The Supreme Court unanimously ruled today, June 13, 2013, that human genes cannot be patented. Isolating genes not enough; but synthetic genes probably still patentable. “Genes and the information they encode are not patent-eligible under [federal law] simply because they have been isolated from the surrounding genetic material,” said Justice Clarence Thomas for the 9-0 […]

Read the full article →

White House Announces New Task Force on High Tech Patent Issues — Issues Report on Patent Trolls

June 7, 2013

Today the White House announced major steps to improve incentives for future innovation in high tech patents, a key driver of economic growth and good paying American jobs. The White House issued five executive actions and seven legislative recommendations designed to protect innovators from frivolous litigation and ensure patent quality. The White House cites the […]

Read the full article →

USPTO recognizes a collaboration of Indiana inventors

June 4, 2013

USPTO recognizes Roberts IP Law client Intermark Partners Strategic Management LLC, a collaboration of Indiana inventors, for changing lives with their invention. Opportunity at the Base of the Pyramid: Lessons from Patents for Humanity The power to invent gives us the power to change lives, and every day we experience this through modern technologies that […]

Read the full article →

Should you register your trademarks? Get the basic facts:

May 31, 2013

http://www.uspto.gov/trademarks/basics/BasicFacts.pdf John Roberts 812-418-3663 www.indianapatentlawyer.com BasicFacts.pdf

Read the full article →

Vermont’s anti-patent-troll act: something for Indiana to consider?

May 28, 2013

Patent trolls often send baseless demand letters to small businesses that are less expensive to pay than to fight Vermont is attempting to make its state more attractive to businesses by enacting an anti-patent-troll act at the state level Roberts IP Law has several clients in Indiana who have been burdened with these types of […]

Read the full article →

Roberts IP Law client wins Patents for Humanity Award – Congratulations!

April 12, 2013

The U.S. Department of Commerce has announced that Roberts IP Law client Intermark Partners Strategic Management LLP won the Patents for Humanity Award, for extracting edible protein and vitamins from waste rice bran in Latin America. The Patents for Humanity Award is a pilot program recognizing patent holders who are addressing global humanitarian challenges.

Read the full article →

First Inventor to File Is Here: Learn How It Works

April 10, 2013

On March 18, 2013, the United States implemented one of the most important components of the America Invents Act (AIA) by adopting a “first-inventor-to-file” patent system. The new system brings more certainty and objectivity to the patent process. In addition, it brings the United States Patent and Trademark Office (USPTO) in line with other nations […]

Read the full article →

Recognizing those who use patented technology to aid the less fortunate

April 3, 2013

USPTO and Kauffman Foundation to Announce Patents for Humanity Winners Pilot program encourages patent holders to address global humanitarian challenges Washington – The U.S. Department of Commerce’s U.S. Patent and Trademark Office (USPTO) will honor patent holders who have made use of patented technologies to address humanitarian challenges on April 11, 2013, at a Capitol […]

Read the full article →

USPTO Reminder for Public Forum to Discuss First-Inventor-to-File, Micro Entity, and Patent Fee Final Rules

March 14, 2013

Reminder to Join the USPTO on March 15 for a Webinar Regarding Important Changes in US Patent Procedure Reminder that the USPTO is hosting a public forum tomorrow, Friday, March 15th to discuss the final rules and guidance for the first-inventor-to-file, micro entity, and patent fee setting provisions. These provisions become effective in the next […]

Read the full article →

Bartholomew County Bar Association has a new website

March 6, 2013

* Bartholomew County Bar Association has a new website at columbusindianalawyers.com * Private Forum for Bar Members * Special Thank You to MLT Innovations and BreenaChelle Photography As a member of the Board of Directors of the Bartholomew County Bar Association, I was tasked last year with creating an updated website that would better serve […]

Read the full article →

Important USPTO Webinar on March 15

February 26, 2013

Join the USPTO on March 15 for a Webinar Regarding Important Changes in US Patent Procedure Changes Take Effect on March 16 and 19 The USPTO has announced a public forum focused on the first-inventor-to-file, micro entity, and patent fee final rules and guidance. The date for this event is now FRIDAY, MARCH 15TH in […]

Read the full article →

Antigua is the Land Of The IP-Free

February 1, 2013

The WTO has ruled that Antigua is no longer obligated to respect the IP rights of U.S. companies as a sanction for the U.S. killing Antigua’s online gambling industry. <<http://www.antiguaobserver.com/?p=87122>> Antigua (which uses country code top level domain (ccTLD) “.AG”) may now provide a safe haven for business models that run afoul of U.S. IP […]

Read the full article →

File your patent applications ASAP. First-To-File and the New 102 are coming March 16.

January 25, 2013

U.S. patent law is changing dramatically on March 16, 2013. Patents based on applications filed before March 16 will be awarded to the “first-to-invent.“ Patents based on applications filed on or after March 16 will be awarded to the “first-to-file.“ Inventors should file patent applications before March 16 to avoid losing their patent to a […]

Read the full article →