Vital Patent Info for Inventors
By Mark L. Casey | October 7, 2011
Inventors are faced with a lot of legal questions about how to protect their inventions. Late night television is a frequent place for companies to sell you on using their services to protect your invention. We thought we would ask a true expert in the field.
James Babineau is an intellectual property (IP) attorney with Fish & Richardson P.C. in Austin, TX. Artful Sourcing asked Jim a few questions that may be helpful to you.
AS: Jim, what rights do I enjoy if I am granted a patent from the USPTO for my new widget, and for how long?
JB: The grant of a US patent is only the grant of the right to ask a Federal court to order an infringer to stop using your invention without permission, and to recover damages for past infringement. The first common misconception about patents is that they are self-enforcing. If you find someone infringing your patent, there is no US bureau of patent enforcement that will go tell them to stop. You have to file a civil suit, at potentially great expense to both you and the infringer, to enforce your patent right. The second common misconception is that your patent gives you the right to practice your invention yourself. But to the extent that your invention is an improvement on an earlier invention, practicing your improvement may necessarily require practicing the earlier invention, and thus require a license from that inventor. It is not the job of the patent office to determine infringement, and granting you a patent does not mean that they’ve concluded that practicing your invention isn’t blocked by an earlier patent.
This is easier to understand when you keep in mind that the USPTO doesn’t grant patents for widgets per se. They grant patents for inventions. Any given widget may embody dozens of separate inventions. A data processing chip is a good example of a small ‘widget’ likely subject to multiple patents.
AS: How new, special, or different does my widget have to be in order to be granted a patent?
JB: In all countries, the grant of a utility patent requires that the invention be not only new but exhibit something more than just novelty. In the US, the real hurdle for most inventions is that they must claim inventions that are non-obvious in view of everything that preceded them. The standard for non-obviousness is murky, even to a patent attorney, examiner, or Supreme Court justice. The only sure bet is that ‘obvious’ in the world of patent law does not mean the same as ‘obvious’ in everyday speech. There are many ways to consider patent-related obviousness, and the best advice I can give is to enlist the help of a patent attorney in making such determinations. I have seen patents granted and enforced that to a layperson seem to be claiming trivial inventions. And I have seen patent examiners hesitate to grant patents for seemingly game-changing advances.
AS: Can I patent an idea?
JB: All patents are to ideas. Utility patents are the type of patent that most people think of, in which the invention is an idea you can articulate in words. Every utility patent ends with numbered sentences starting with the words “I claim” or “We claim” that are the ‘claims’ defining the invention – much like the plot lines on a deed establish the bounds of a real property right. The idea expressed in those sentences is what is being protected. A law professor once encouraged me to think of patents this way: every utility patent claim can be boiled down, essentially, to the statement of the realization of a cause and effect, like “if I do X, I get Y.” Such an idea may enable countless embodiments, or examples, in the form of widgets, or methods of making or using widgets, for example.
AS: Once my patent is issued in the USA, does it protect me in China or any other country?
JB: Patents are issued by sovereign governments and are only enforceable with respect to acts occurring within their territory. So no, a US patent is not enforceable in China. Some countries have banded together to share patent office duties, such that their combined organization issues patents that may then be validated in the individual countries in order to be locally enforceable. The European Patent Convention, for example, established the European Patent Office that issues patents that may be validated in various European countries. If such a patent is not timely validated anywhere, it is of no commercial significance.
AS: I always see “Patent Pending.” What does that mean?
JB: ‘Patent Pending’ simply means that you have applied for a patent. The value of such a mark is merely as a warning to would-be infringers, that if you do get a patent they may be forced to shift course. A pending patent application is not enforceable.
Topics: Intellectual Property, Inventors/Inventions, Legal, Patents | 1 Comment »
Castings – Part 2: An Introduction
By Mark L. Casey | September 29, 2011
In a previous article we briefly introduced three casting approaches, each with its own application. In this article we will explore cast iron, miniature zinc, and brass casting.
Cast Iron
Cast iron is an alloy of carbon, iron, and other elements. It can be cast into a soft and strong iron, or into a hard and brittle iron, depending on the exact “recipe” and method used.
Here is a video on the casting of cookware at Le Creuset:
Miniature Zinc
Miniature zinc casting differs from conventional zinc casting in several ways. First of all, the tool used in miniature zinc casting is a four-slide tool that is considerably less expensive than conventional die cast tooling.
In addition, miniature zinc parts can hold precise tolerances. For example, it is not uncommon for parts to exceed standard linear dimensional tolerances of +/- .002″ and precision linear tolerances of +/- .0015″. Parts can also be die cast with thin walls down to 0.020″ in. with tolerances as tight as +/-0.001″ in.
For an example of the kinds of machines used in four-slide casting, check out this link:
Brass Casting
Like the casting of other alloys, molten brass is poured into a mold for formation. After the part is removed from the mold, a variety of finishing operations may be used. Here is a YouTube video of brass valves being created:
Topics: Brass Casting, Cast Iron, Miniature Zinc | No Comments »
Die Casting Resource
By Mark L. Casey | April 27, 2011
Part I of our series on castings can be found here. Part II of our series will be postedsoon, but if you are interested in exploring die casting further, I want to recommend the excellent website of the North American Die Casting Association (NADCA).
This helpful resource not only provides a good introduction to the basics of die casting, it also provides a lot of technical information for those actively considering die casting or designing parts for die casting.
Topics: Design, Die Casting, Manufacturing, Supply Chain Management | No Comments »
The On-Site CAD Guy
By Mark L. Casey | February 9, 2011
For decades companies have outsourced their printed circuit board (PCB) layout to contract design firms, also known as service bureaus. The Austin, TX area has many excellent design firms offering layout services on a variety of CAD tools like Cadence Allegro, Mentor Board Station, PCB Pads, Altium, etc.
A friend of mine, Cliff Rose, has a unique offering in the marketplace. Cliff is the “On-Site CAD Guy.” The phrase says it all. Cliff has his own CAD tools and travels to your site as necessary to work with your engineers on the layout project. Even though Cliff lives in the greater Austin area, his mobile setup (see photo below) allows him to travel far afield to meet customers needs.
The Rig
Cliff is not only mobile, he is an experienced designer that has a strong resume and a great reputation. I suspect that more and more designers will follow his lead and take their abilities on the road, although I doubt many will be able to equal his ride! You can find Cliff at his website here.
Topics: Design, Design Tools | No Comments »
New Research on Air Cars
By Mark L. Casey | February 7, 2011
We have previously written about the feasibility of air cars. With the price of oil on the rise and with experts predicting much higher gas prices this summer, the discussion of alternative fuels is relevant.
Here is a new article in EDN about the feasibility of air cars: http://www.edn.com/article/512633-Air_hybrid_cars_could_halve_fuel_consumption.php
Topics: Air Cars, Alternative Fuels | No Comments »