Posts Tagged ‘utility patent application’

Guess Which “Winner” is an Inventor?

Friday, 18 March, 2011 09:25 Written by Mark Malek 0 Comments
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By: Mark R. Malek

You guessed it – Charlie Sheen.  The patent indicates the inventor as Carlos Irwin Estevez, which is good ol’ Charlie’s real name.  You can read about the very complicated and sophisticated invention that is disclosed in the patent here.

Patents are for Winners

The patent is directed to a “Chapstick Dispensing Apparatus.”  In my short read, it appears that this invention is directed to a device that holds a lip balm container.  Here’s the part that made me chuckle – using another company’s trademark in the title of the patent.  Chapstick is a registered trademark of Wyeth Corporation, the makers of the famous lip balm that is, apparently, an absolute necessity when living in cold dry climates…like anywhere north of here in Florida!  In my search, it appears as though Chapstick has about 19 registered trademarks and 11 others that are either in the application phase, or that have been abandoned.

Wyeth probably will not make a stink with the company that Charlie’s invention is assigned to – Masheen, Inc.  Before you ask, yes, I did a trademark search for Masheen, Inc. and there was, indeed, a trademark application filed for the name, but it is no abandoned.  Since his trademark application has gone abandoned, all of our readers should still feel free to use the word washing “machines” to describe those devices in their homes that are used to clean their clothes.

This just shows you that it takes Tiger Blood and Adonis DNA to be an inventor sometimes.

CHA – CHING! USPTO TO CASH IN ON PRIORATIZED TRACK.

Tuesday, 22 February, 2011 18:44 Written by danieldavidson 1 Comment
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By Daniel Davidson

The USPTO has been looking to implement an innovative system to remove a few logs from the dam that is backlogging the Patent Office.  What has been proposed is a three track program that would allow applicants to choose how fast or slow they would like to push their ideas through the sludge that has become the patent process.  If you would like to recap what the three track system has to offer, see Mark Malek’s post here.  They have been proposing this system for some time now (I just found a memo I did to Mark Malek in June of 2010 on the subject), and now the wait is over.  Of the three tracks, Track 1 (the prioritized track) is being immediately implemented by the USPTO.

The USPTO won't need a cake anymore

Through much discussion, the USPTO has decided that for $4,000.00 (or for some, a kidney) you can be standing at the front of that hot night club that everyone wants to be seen in.  The Club 57 I speak of is actually the patent examining office.  This cold, hard cash will not be rolled up and, well I won’t go there, but it will be your ticket to a final disposition of your application within twelve months.  A great turn around from the years we have seen so many that have written on this topic write of.  The $4,000.00 is the apparent amount that will cover all costs to examine applications on this track.  It would be nice to see an aggregate of these calculations.

Do beware though, patent applicants.  The USPTO will smack your hand and hang you dry if you decide you are going to delay their cranked Orange Blossom Special.  They will kick you off that train and keep your money (or kidney) if you ask for an extension to respond to an Office Action.

I think it is great that the USPTO has decided to be proactive in this growing problem and make attempts to resolve the boom of applications.  I do have a concern though that they are implementing one Track of a plan that has been forever referred to as a “Three Track Program.”  If it has three tracks, I would imagine that they are supposed to complement each other.  Instead, we could see a slower turnaround in the normal application process because of the silver spoon applications.  Nonetheless, I don’t have $4,000.00 (and nobody wants these kidneys) or an invention, so not to much of a worry to me yet.  Cheers.

Director Kappos Announces President Obama’s 2012 Budget

Wednesday, 16 February, 2011 08:57 Written by Mark Malek 1 Comment
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By: Mark R. Malek

In a press release issued by the USPTO yesterday, Director David Kappos announced President Obama’s 2012 budget request for the USPTO.  The 2012 budget includes a $2.71 Billion request for the USPTO.

Let’s analyze that “request” for a moment.  In the same press release, we learned that the USPTO anticipates collecting $2.71 Billion in fees in 2012.  What a coincidence!  This is probably good news and bad news.  The good news is that if the USPTO hits its mark of $2.71 Billion in collected fees, it will be able to keep it all, i.e., no fee diversion.  I’ll present what I believe to be the bad news in the form of a question – what happens if the USPTO exceeds the anticipated $2.71 Billion mark in collected fees?  Does the USPTO get to keep it?  I suspect not!

Here is what I anticipate to be the worse news.  What happens if the USPTO does not meet the goal of $2.71 Billion in collected fees?  Does the Federal Printing Press simply make up the difference?  Trying to figure out what goes on in the mind of the budget planners is apparently out of my league.  I welcome any comments by our readers to try to shed some light on the subject.

Nintendo DS as Shopping Assistant – New Patent Application Filed

Wednesday, 10 November, 2010 16:24 Written by Aaron B. Thalwitzer 1 Comment
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By: Aaron B. Thalwitzer

Shopping apps are legion, but they’re generally not much more than high-tech note pads. Nintendo, apparently, thinks it can change that. Nintendo of America has applied for a patent describing an “in-store wireless shopping network using hand-held devices.” Those devices are, of course, game systems, and the images with the patent app all show a Nintendo DS being used to track needed quantities of such exciting items as milk, eggs, and salsa.

Here’s how the DS shopping app would work: Once you’ve got all your groceries listed, it would track exactly where those items are once you get to the store via an “in-store wireless shopping network.” Nevermind that these networks don’t (yet) exist. The DS’s dual display would put your list on the right and a layout of the store on the left. Now you can plan your shopping trip to maximize efficiency, never returning to the same aisle twice. Wife, are you reading this?

The picture below gives an idea of what the interface might look like, talking to a database of items and their locations to give shoppers an idea of where to find things in the store. Net result? Planning your route becomes a thrilling strategy game — or at least keeps you from getting lost in the supermarket, ensuring you can continue to shop happily.

GPS for the grocery store.

Potential improvements almost suggest themselves.  Looking for raw, natural, organic, free-range mini pears? The app could tell you that the store is all out and save you the trip — or it could suggest the newly-stocked pears at another nearby store (hello, corporate sponsorship!).  Sale on beef-a-roni, four paces east and one north!

The most useful aspect of the app is still have foreknowledge that the store is out of pork cracklins’. Then you’re not just be saving time, but gas, too. In any case, since any app like this would need your local store to be consistent and comprehensive about its inventory, put all that data online, and have a reliable wireless network, well, let’s just say the idea is fanciful at best.

Just imagine the future — kids everywhere persuading their moms that the DS is good for more than Pokemon and Dragon Quest.

U.S. Patent & Trademark Office – DS grocery shopping app.

Being Green Isn’t Easy – Green Technology Pilot Program Extended for Free Accelerated Patent Examination

Monday, 08 November, 2010 18:13 Written by Aaron B. Thalwitzer 1 Comment
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By: Aaron B. ThalwitzerIt’s never been easy being green, and it still isn’t, but it did just get a little bit faster.  The  World Intellectual  Property Organization (WIPO) recently issued a Notice that it gives (free!) accelerated prosecution to ‘green patents’. The usual costs still apply, but using the Green Channel scheme means that your application could get granted in as little as nine months.

The U.S. Patent and Trademark Office (USPTO) is also jumping on board the green bandwagon, and recently issued a Notice requesting comments on its plan to extend and expand the Green Technology Pilot Program, which provides accelerated examination for patent applications relating to green technologies.  See our previous article on accelerated examination of “green” patents here.

According to the Notice, the USPTO plans to extend the program to December 31, 2011; it had been scheduled to end December 8, 2010.

In addition, in a welcome eligibility change, the USPTO plans to expand the program to include green patent applications filed on or after the December 8, 2009 program launch date; previously, only applications filed before that date had been eligible.

What is ‘green’ is ultimately a judgment call, so you’ll need to demonstrate that your application relates to a ‘green’ or environmentally-friendly technology. A statement explaining how your invention is environmentally friendly may be sufficient, however, if it is not clear how your invention gives an environmental benefit, a more detailed explanation may be necessary.

A detailed investigation into assertions that a technology is “green” will not be conducted.  Inventions that are clearly unfounded, such as a perpetual motion machine, for example, will be refused.

Since launching the “green” scheme,  WIPO has been lobbying other countries to implement similar schemes. The US, Australia and South Korea have launched similar schemes, whilst China, Japan and Brazil have expressed interest.

Patents already filed under this scheme have included water reclamation, treatment and saving devices, electric generators, battery powered vehicles and climate control devices. The IPO could care less the area of technology when considering whether to allow a request for acceleration under the Green Channel. It just has to be ‘green’.

WIPO created a database that enables a search for published applications and granted patents, which have been accelerated under the Green Channel. However, there are no plans to publish a separate list of all environmentally friendly patents. The database contains details of Green Channel Patent Applications which have been published.  Here is a link to the database.

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