intellectual property

why I’m studying for the patent agent exam

Someone asked me the other day why I was studying for the patent agent exam. It’s a good question. Here, in no particular order, are my reasons As a design consultant, I regularly am exposed to the IP of my clients and their competitors. Understanding where the IP “white space” of a particular field is [...]

Tagged as: career development

continue…

is your invention non-obvious? 35 USC 103 in plain english

This is one of a series of posts covering intellectual property. Specifically, my pursuit of translating US patent law into plain english as I study for the patent agent exam. (If you’re interested in doing the same, you would do well to check out the patent bar exam review questions I put together.) It is [...]

Tagged as: 35 USC 103, non-obviousness, obviousness, patent bar exam

continue…

the myth of the sole inventor

I wrote recently about the current debate on the efficacy of our patent system in “When Patents Attack“. It was a good listen in and of itself, but the Economist followed up with a strong article you can find here. From the article: [S]urveys of hundreds of significant new technologies show that almost all of [...]

Tagged as: IP

continue…

international patents (MPEP 1801)

(If you are considering studying for the patent bar exam checking out my patent bar review exam questions) The Patent Cooperation Treaty (PCT): Lets you file a single international application that counts as a ‘normal’ patent in all treaty-participating states (USPTO uses the term “Contracting States“) Typically, you would file a domestic patent first. Then [...]

Tagged as: IP

continue…

when patents attack, and more IP stuff

I’m about 20 minutes deep into ‘When Patents Attack’ on This American Life. It’s a pretty compelling story about how the IP system works or (especially in the case of software) doesn’t work. An interesting listen, regardless of your interest in patents. If the radio story piques your interest, check out what Fred Wilson and [...]

Tagged as: patent law

continue…

37 CFR 10 in plain english

(If you are considering studying for the patent bar exam checking out my patent bar review exam questions)   This is one of a series of posts covering intellectual property. Specifically, my pursuit of translating US patent law into plain english as I study for the patent agent exam. Today I’m digesting 37 CFR PART 10 [...]

Tagged as: patent bar exam, patent law

continue…

“comprising” vs “consisting”

(If you are considering studying for the patent bar exam checking out my patent bar review exam questions) When examining a patent,  take note of the particular language used by the author. In particular the comprising vs consisting scores high on the importance /obviousness ratio. From 2111.03 Transitional Phrases [R-3] – 2100 Patentability The transitional [...]

Tagged as: claims, IP, patent law

continue…

is your invention novel enough?:
35 USC 102 in plain english

This is one of a series of posts covering intellectual property. Specifically, my pursuit of translating US patent law into plain english as I study for the patent agent exam. Today I’m digesting 35 U.S.C. 102: Conditions for patentability; novelty and loss of right to patent. This section tells you under what circumstances the USPTO will [...]

Tagged as: 35 USC 102, invention, patent bar exam, patent law, prior art, study guide

continue…

patent examination: patent law in plain english

This is ridiculous. I’ve been studying for the patent agent exam for a few months, and have just finished doing a once-over on just about everything. It is  a mess of poorly written literature.  It sucks. Now, as I go through my second pass of studying, I’m going to take what I consider to be [...]

Tagged as: invention, patent bar exam, study guide

continue…
Thumbnail image for patent agent vs patent attorney

patent agent vs patent attorney

I’m studying to become a patent agent, and whenever I mention it to anybody  I get the same response. “A patent agent? What the hell of that.  Is it like a patent attorney?” Kind of. Here’s how the USPTO breaks it down. why patent agents exist There is no law that says you need to [...]

continue…