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Archive for the ‘Patent’ Category

Educating the Community and Ourselves – June 2017

Elman Technology Law attorneys continue to speak and write about various topics.  Recently, two of our attorneys (Gerry Elman and Josh Waterston) have been speaking about cybersecurity, the Internet of Things, and more.  Josh Waterston authored an article in the Delaware County Bar Association’s quarterly publication (Delco Re:View) on a law prohibiting the banning of negative online reviews in standard business contracts.

In addition, we strive to stay ahead of the curve, in keeping with our slogan: “Strategic Lawyering. Cultivating Innovation.”®  Below is a sample of our firm’s recent activities.

June 22, 2017  Gerry gave the Keynote Breakfast Speech on Privacy and Security for the Internet of Things and then participated in a panel discussing Government Cybersecurity Issues and Cyber Threat at the CIO Government Technology Conference in Philadelphia.  Download his presentation here.

June 14, 2017 Gerry Elman spoke at the Digital Transformation & Security Roundtable on legal aspects of cybersecurity, at a Lunch and Learn sponsored by Wrklodz (IPR International), 401 N. Broad Street, Philadelphia.

June 14, 2017 Gerry also attended the Smart City Summit and Expo of the LoRa Alliance at the Franklin Institute in Philadelphia.  LoRaWAN is the wide-area wireless technology being rolled out by Comcast business unit machineQ to facilitate applications for the Internet of Things.

June 9-10, 2017  Gerry participated in the Comcast/machineQ Smart City Hackathon in Center City Philadelphia, helping to build an Internet of Things solution for “smarter,” more responsive city infrastructure. This included hands-on experience with the long range wireless technology being rolled out by Comcast subsidiary machineQ. Along with others on Team 12, he proposed a system for logging potholes in streets.

Elman Technology Law attorneys Gerry J. Elman and Joshua D. WaterstonJune 9, 2017  Josh Waterston and Gerry Elman hosted a panel discussion at the Delaware County Bar Association’s annual Bench-Bar Conference.   They discussed Cyber Threat Management with attorney Craig Huffman and Judges Scanlon and Bradley of the Delaware County Court of Common Pleas.  Location: Skytop Lodge in the Poconos.

June 1, 2017  Gerry Elman spoke at the Pennsylvania Intellectual Property Forum on current litigation questioning the constitutionality of the power to invalidate patent claims that has been delegated to the Patent Trial and Appeal Board.  NEWSFLASH: On June 12, the Supreme Court agreed to hear the requested appeal.  He also discussed recent Supreme Court decisions on where patent infringement suits can take place, and exhaustion of the patent owner’s right to prevent resale of the product. Location: Media, PA

Coming up:

September 26-28, 2017  Join Gerry Elman at IFAI Expo, the gala trade show of the Industrial Fabrics Association International.  This year’s location: the Morial Conference Center in New Orleans.  Gerry will speak on intellectual property and cybersecurity issues regarding Smart Fabrics, and will be scheduling a series of one-on-one Mentor Meetings as well. There will also be a Hackathon developing applications for smart fabrics.


Will your underwear become a node on the Internet of Things?

Click here to read about our latest activities with the Internet of Things, including the use of novel materials and fiber structures such as Smart Fabrics.

Will your underwear talk to the internet?

Will your underwear become a node on the Internet of Things? Gerry Elman attended the Greater Philadelphia Smart Fabrics Conference at Drexel University’s Center for Functional Fabrics on May 9, 2017.  He enjoyed learning more about the Smart Belly Band for pregnant moms, developed in the Shima Seiki Haute Technology Lab at Drexel’s ExCITe Center.

Gerry continues to hone his cutting-edge expertise on the implications of intellectual property and cybersecurity law for this burgeoning field of technological development.

Drexel's Smart Belly Band shown at Chemical Heritage Foundation Museum

Drexel’s Smart Belly Band shown at Chemical Heritage Foundation Museum

 

 

 

 

 

 

As a speaker and mentor at the Advanced Textiles Conference of IFAI Expo in New Orleans this September, he will be sharing that expertise with entrepreneurs shaping the future.

Interested in Smart Cities?

On June 9-10, 2017, Gerry will participate in the Comcast/machineQ Smart City Hackathon in Center City Philadelphia, helping to build an Internet of Things solution for “smarter,” more responsive city infrastructure.  This includes hands-on experience with the long range wireless technology being rolled out by Comcast subsidiary machineQ.

If you’re envisioning developments in this field, make plans to join him at one of these events. Or send a note via the Contact Us form on this page.

Also keep in mind that Gerry co-hosts the TriState.IoT Meetup, which draws participants from Pennsylvania, Delaware and New Jersey.  In-person meetings are typically in the vicinity of Radnor and Paoli, PA, and some are webinars.  For ongoing updates on their doings, join the Meetup for free.

It’s Christmas Eve: Internet systems at patent offices in U.S.A. and Australia have crashed. Just coincidence?

"Lights Out: A Cyberattack ..." by Ted KoppelChristmas Eve 2015:  Why are the Internet services at the government patent offices in both the United States and Australia shut down right now?

Did you heed last month’s book release by Ted Koppel: “Lights Out
A Cyberattack, A Nation Unprepared, Surviving the Aftermath

Remember my talk in July 2011: “Are you legally prepared for the coming cyberwar?

Do the dots connect?

–Gerry J. Elman

Here’s the official announcement of the disaster at the U.S. Patent and Trademark Office, as posted December 24, 2015 on  home page of www.uspto.gov

A major power outage at USPTO headquarters occurred Tuesday, December 22, 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 assess the operational impact on all our systems and to determine how soon they can be safely brought back into service. Status updates and alternative filing methods can be found on our systems alert page (www.uspto.gov/blog/ebiz/) as they become available, as well as on our Facebook (www.facebook.com/uspto.gov) and Twitter (www.twitter.com/uspto) accounts.Thank you for your patience as we work to restore full service as soon as possible.
———————————–

And here is what “IP Australia,” the government patent office Down Under, is telling the public:

eServices and Business to business (B2B) will be unavailable until Monday 4 January 2016.

This outage is due to a system issue.

We will enable the Alternate Lodgement Service (ALS) for eServices during this outage. The ALS is a simplified version of eServices that allows electronic submissions during outages and downtime. You will be automatically redirected to the ALS if you attempt to access eServices during the outage period. You will need to agree to new terms and conditions to use the ALS and you will not be required to sign in.

We sincerely apologise for any inconvenience. If you require further information please email eservices@ipaustralia.gov.au.

Don’t Let a Defective Provisional Sink Your Patent

Invest the time and money in crafting a complete provisional patent application. It will be the foundation for a strong and enforceable patent. Avoid the pitfall of filing a “quick and dirty” provisional. Whatever you imagine you’ll save upfront will be wasted in the long run when the patent turns out to be worthless.

Unfortunately, some companies and inventors have been taken in by the dangerous myth that a provisional U.S. patent application is but a first draft – that you can “just write something quickly and get it on file.” But in fact, a provisional application must describe the invention as completely as a non-provisional application. A “quick and dirty” description is likely to omit something essential. Instead of laying a foundation for a valid patent, the inventor could wind up with nothing.

Congress created the provisional application in 1995, to give American inventors a simplified initial patent filing. A supposed benefit was that provisional applications needn’t include formal patent claims, presumably lowering the cost of preparing this preliminary application. Nevertheless, a provisional application is defective unless its written description adequately supports the claims of the non-provisional application that will issue as a patent.

New Railhead Manufacturing learned this the hard way.  In 1996, their engineeringFig 4 label removed - Dont Let a Defective Provisional Sink Your Patentteam invented an improved bit to drill horizontally through solid rock. Before then, when a utility wanted to lay cables and pipes under a street, the entire street would be ripped open. With this tool, you could efficiently drill under the street without tearing up the pavement. In mid-1996, New Railhead began selling the new drill. Hoping to protect their revolutionary technology, the company filed a provisional patent application in February 1997, and then filed a non-provisional application in November 1997 with description and drawings that were more complete. The Patent Office examined the application and agreed the invention was patentable. The patent issued in May 1999.

New Railhead’s success quickly attracted copycats. Other companies, including Earth Tool Company, began to sell their own version of this drill. New Railhead wasted no time defending their turf: the day after the patent issued, they sued Earth Tool for infringement. But sadly for New Railhead, Earth Tool persuaded the judge that the patent was invalid.

Earth Tool’s lawyers had detected a defect in the patent applications. The claims that issued from the non-provisional application stated that the drill bit attached to its housing at an angle. Unfortunately, that aspect was missing from the provisional application. After placing the drill on sale in mid-1996, New Railhead needed to file a complete patent application within 12 months, or be barred from ever getting a patent. The provisional patent application was filed on time but, unfortunately, wasn’t complete. The non-provisional application was complete, but it was filed too late. The appellate court in Washington, D.C. agreed with the district judge that the incomplete provisional was too weak to serve as a foundation for the claims of the later-filed non-provisional application. So the copycats could continue copying with impunity.

Inventors need fully-descriptive patent applications to protect their precious inventions, but few inventors can see their inventions with a stranger’s eye. The patent attorney’s independent perspective complements the inventor’s vision, and together they produce a more complete description of the inventive concept and its various ramifications. Don’t go it alone: you and your patent attorney are more valuable together than apart. Partner up from the outset, to ensure that your provisional application provides a rock-solid foundation to support the patent you are hoping for.

Oct. 20, 2014 – Meet Steve Zeman and get tips about European Patent Office practice

Join us Monday, October 20, 2014,  for a presentation at noon by European Patent Attorney Steve Zeman, of the Grünecker firm in Munich.

Steven M. Zeman, Ph.D.

Steven M. Zeman, Ph.D.

We look forward to learning from Steve’s extensive experience with the European Patent Office in seeking to overcome “new matter” objections and other particular difficulties.

Though educated primarily in the United States, Steve is licensed as a German and European Patent Attorney and as a European Trademark Attorney.  He holds degrees in chemistry and biochemistry from the University of California at San Diego and from Yale (Ph.D. 1999).

This meeting is co-sponsored by Elman Technology Law and Bob Yarbrough’s Delaware County Pennsylvania Intellectual Property Forum.  Pennsylvania CLE credit will be available for existing and new members of the Forum.   Participation is free of charge, but preregistration is required.  Call 610-892-9942 for further information or to register .

Venue: the Delaware County Bar Association headquarters, 335 W. Front Street, Media, PA 19063, basement conference room.  You’re welcome to bring a “brown bag” lunch.

2016 Martindale-Hubbell® Peer Review Rating of AV Preeminent® Gerry Elman has received a 2016 Martindale-Hubbell® Peer Review Rating of AV Preeminent®
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