Failure Is Good

Failure Can Be Good US4,233,942 - Animal Ear Protectors

In my previous post I discussed the recent trend of the USPTO to consider everything obvious — well perhaps that’s not a completely fair assessment, but certainly the bar for obviousness rejections has been set much lower of late. In … Continue reading

Why A Duck?

Why A Duck? US2010/0154283 - Feathered Duck Decoy Skirt + US5,722,512 - Jet Aircraft Shipping Stand

– Groucho: Now, here is a little peninsula, and, eh, here is a viaduct leading over to the mainland. – Chico: Why a duck? – Groucho: I’m alright, how are you? I say, here is a little peninsula, and here … Continue reading

A USPTO Search

armadillo US4,338,742 - Armadillo Toy

In my previous post I discussed keyword, classification and ambient knowledge searches, and promised to provide a concrete example, specifically an example of a USPTO search. So let’s get right down to it, using as our example US patent number … Continue reading

Catching Patents (101)

Jumping Fish

I previously provided a quick overview of patenting, and specifically of patentability, freedom-to-operate (FTO), and the importance of searching — especially patent searching — in both of those processes.  As I pointed out, in determining whether or not you pass … Continue reading

A Brief Patent Primer

bomb net US6,854,374 - Explosion Containment Net

In my previous post, Catching Whales, I set out the bittersweet story of a small startup kingdom that overcame starvation by enlarging its criteria for what counts as food.  Or to paraphrase the moral I presented in that post, while it’s … Continue reading

Catching Whales

Catching Whales

A Short Fable For Our Time1 Once upon a time there was a small kingdom that had recently been started in what the land-brokers swore was an “always green and fertile countryside with great promise of future fecundity.”2 The people … Continue reading