Monthly Archives: August 2013

Bad New For Space Travelers.

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I have written before about the Air Force’s program to track all the vast amount of space debris in orbit about our Planet.  The radar system that tracks thousands of objects orbiting Earth has been slated for shutdown due to budget cuts.

The ground-based network known as the “Space Fence” may cease to operate in October.

The shutdown is being blamed on the sequestration cuts and on a review conducted by the Pentagon to find areas of potential savings.  Although it doesn’t seem like much, the across the board cuts are being felt everywhere.  My personal disappointment was the cancellation of the JPL open house this year.

File:NAVSPASUR Fence 2001.jpg

However, the news isn’t all that bad.  The current space fence is using equipment from the 1960’s to track all the orbiting junk.  The Air Force is waiting to award a contract to build an updated version of the space fence system, but this plan too is been held up by budgetary problems.

So what exactly is the current system tracking?  According to NASA:  “More than 21,000 orbital debris larger than 10 cm are known to exist. The estimated population of particles between 1 and 10 cm in diameter is approximately 500,000. The number of particles smaller than 1 cm exceeds 100 million.”

It would be bad day in orbit if you accidentally ran into some of this debris.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

Jury Still Out on Post-Grant Review

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Post-grant review became available on September 16, 2012, along with several other America Invents Act provisions. However, the jury is still out on the potential impact of the new method to challenge a patent’s validity.

The new post-grant review procedures allow a third party to challenge a patent’s invalidity on a number of grounds, including prior art, lack of enablement, lack of novelty, or inadequate written description. Thus, post-grant review allows parties to raise a number of new challenges that were previously reserved for litigation.

Post-grant review is also designed to proceed quickly. Under the rules established by the U.S. Patent and Trademark Office, post-grant review proceedings should be completed within one year of their commencement. In addition, although it contains several aspects of litigation, including limited discovery, protective orders, and settlement, it should cost considerably less.

Challengers may also have a better chance of success. While courts presume that patents are valid unless “clear and convincing” evidence demonstrates otherwise, there is no similar presumption in post-grant review. Rather, patents are invalidated based on a preponderance of the evidence.

Although post-grant review certainly has substantial benefits, there are several limitations that may impact how widely it is used. First, challengers must act quickly. The proceedings must be commenced within nine months of a patent’s issuance. More importantly, the petition must include all of the evidence needed to prove invalidity.

In addition, post-grant review has several important implications when it comes to estoppel. Estoppel applies to any invalidity claims that were raised or reasonably could have been raised during the post-grant review. Because the grounds available for challenging invalidity are so broad during post-grant review, estoppel can severely handicap any subsequent litigation. Unlike inter partes reexamination, estoppel applies not only to district court litigation, but also to all USPTO and International Trade Commission proceedings.

Post-grant review is currently only available for “covered business-method patents,” and it will be some time before it expands to all patents. Therefore, the full impact of the new process will likely not become evident for several years.

How Can I Help?

If you, or someone you know, need help with any Intellectual Property issue, from filing a patent, trademark or copyright, or just advice regarding how best to protect your ideas and your brand, contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

ISON Update.

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If you haven’t heard yet, there’s a comet heading our way.

ISON is supposed to be the comet of the century!   So all eyes (and telescopes) have been observing what may be the one and only pass for ISON through the solar system.

Recently, astronomers using the Spitzer Space Telescope observed what appears to be strong carbon dioxide emissions from the Comet.

So what do these carbon emissions mean? Well it helps to determine what type of comet ISON is.  Although some dispute the vernacular, ISON is most likely a “dirty snowball” comet.

Carey Lisse, leader of NASA’s Comet ISON Observation Campaign said: “We estimate ISON is emitting about 2.2 million pounds of what is most likely carbon dioxide gas and about 120 million pounds of dust every day.”

Scientist are hopeful that all the data collected from ISON’s passing will shed some light on the formation of the solar system.  But because of its trajectory and composition, there is a real probability the ISON may fall into the Sun or get broken into multiple pieces like Shoemaker-Levy 9 did before plowing into Jupiter.  Another possibility is that the trip around the Sun will alter ISON’s orbit so radically that it will leave the solar system forever.

Hopefully, they get all the data they need.  This may be a one and done trip.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

Apple Registers Trademark for Its Distinctive Store Design

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Apple fiercely guards its intellectually property, like all trademark owners should.  So it isn’t surprising that the company recently obtained a trademark registration for the design of its retail stores.

According to the trademark description, Apple seeks to protects its minimalist design and layout, which includes “a clear glass storefront surrounded by a paneled facade” and, within the store, an “oblong table with stools…set below video screens flush mounted on the back wall.”

While the Apple trademark made headlines, this type of trademark right—known as trade dress—is not unusual. It generally covers the design and shape of the materials in which a product is packaged.  Examples include the layout of a magazine cover and the distinctive shape of a bottle. In 1992, the U.S. Supreme Court allowed a fast-food chain to protect the appearance and décor in its Mexican restaurants.

As with other trademark registrations, trade dress applicants must be able to show not only that the design is distinctive, but also that the average consumer would likely confuse its products with others of similar appearance.

Apple has good reason to want to protect the design of its retail outlets. Locations in the U.S. generated an average of $43.3 million in FY2011. In addition, while the most recent registration only applies in the U.S., counterfeit stores have popped up overseas. As Reuters reports, a counterfeit store that opened in China looked so authentic that employees thought that they were working for Apple.

How Can I Help?

Consistently using a distinctive “look” for your company can be extremely valuable and certainly worthy of protection. For more information about trade dress rights, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

Zombie Comets.

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A team of astronomers from the University of Anitoquia, Medellin, Colombia, have discovered a graveyard of comets.

They also found out that some of these comets, inactive for millions of years, have returned to life as the so called ‘Lazarus comets’.  I like Zombie Comets better, but I didn’t discover them, so no zombie comets. 🙁

I understand that the biblical reference to Lazarus is appropriate, but I think zombie comets are far more satisfying.

There is ample precedent for zombie (or xombie depending on your preference) comets.  For centuries comets have been the harbingers of ill times and foreboding, omens of death, or coming catastrophes.

The team started looking for the origin of 12 active comets that have been discovered in the asteroid main belt region between Mars and Jupiter.”We found a graveyard of comets,” exclaims Professor Ferrín. He adds: “Imagine all these asteroids going around the Sun for aeons, with no hint of activity. We have found that some of these are not dead rocks after all, but are dormant comets that may yet come back to life if the energy that they receive from the Sun increases by a few per cent.”  This is easily achieved due to the gravitational pull of Jupiter that can change their orbit just enough to get that extra sunlight needed to ex-gas and begin moving on their own.

This is what happened to the twelve lazarus comets and the energy from the Sun was enough to raise them from the dead like a Phoenix! Phoenix comets?

Nah, I still like zombie comets.

 

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

What Does First-to-File Patent Mean for Inventors?

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On March 16, 2013, the United States officially moved from a “first-to-invent” system to a “first-inventor-to-file” system. The switch is one of the most significant changes under the America Invents Act. Under the new patent rules, the first filed application for an invention has priority over subsequently filed applications, regardless of which applicant was first to invent.

For inventors, it is now all about timing. Applications filed before March 16, 2013 will follow the old system under which the first to invent will often prevail. However, applications filed after the implementation date that do not claim priority to an application filed prior to March 16, 2013 will be prosecuted under the new law.

Given the potential downsides to the new first-to-file system, inventors should consider these important points:

  • First, it may be more difficult to obtain a patent under the new system. The new rules under the AIA expand the range of disclosures that will be considered prior art, making it more difficult to successfully secure a patent. The existing one-year grace period, which eliminated some prior art references, is also more limited under the new rules.
  • In addition, it may also be more difficult to defend a patent application because patents filed under the new system are more susceptible to invalidity challenges. As I have previously discussed, the new post-grant review proceedings allow patents under the first-to-file system to be challenged in the first nine months after issuance.  Also, invalidity challenges may be brought on a wide variety of grounds that were previously reserved for litigation.
  • Finally, there will also be a learning curve for patent applicants, USPTO examiners, and the courts, all of which are accustomed to the old system. So, to avoid the uncertainty that exists, if you have an application that can claim priority before March 16th, 2013, you may want to consider filing your non-provisional patent application taking priority from that provisional patent application.

How Can I Help?

If you have any questions about the timing of your patent application, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

Don’t Laz’ Me Dude!

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Well in this case it isn’t such a bad thing.

NASA has developed a new communications technology, the Optical Payload for Lasercomm Science (OPALS).  The new tech could increase data bandwidth for future spacecraft by 10 to 100 times current bandwidth.

But there are some significant obstacles to overcome.  “It’s like aiming a laser pointer continuously for two minutes at a dot the diameter of a human hair from 30 feet away while you’re walking,” explained OPALS systems engineer Bogdan Oaida of JPL.  That will require some excellent aiming.  And as the distance grows greater, the aim has to be even more precise.

OPALS is scheduled to launch to the space station later this year aboard a SpaceX Dragon commercial resupply capsule.

Once mounted outside the International Space Station (ISS), a demonstration of the optical communication will be done by transferring a video from the ISS to a ground receiver at JPL’s Optical Communications Telescope Laboratory (OCTL) in Wrightwood, California.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

Does You Need a Patent Lawyer?

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Unfortunately, many companies do not realize that they need a patent lawyer until its too late. Some may make costly errors or omissions when attempting to file a patent application on their own. Others may unknowingly sign away valuable rights when executing patent licensing agreements.

Intellectual property is a specialized and complicated area of law, and it is easy to make mistakes.  Usually, you need to rely on the experience of a patent attorney.

At my firm, we apply skilled legal talent to help clients fulflll  needs, solve problems, handle situations and realize opportunities in a number of areas of patent law.

For anyone seeking to protect their ideas, I can help you prepare and prosecute your patents, copyrights and trademarks,, both here in the U.S. and abroad.

Internationally I work with clients to protect their IP through filings under the Patent Cooperation Treaty (PCT), in the European Patent Office (EPO), Community Trademarks (CTM) and in individual filings foreign countries.

For companies that already hold patents, management and enforcement is paramount.  I can assist you in licensing your patents, drafting confidentiality agreements, calculating maintenance fees, and managing their portfolio.

I also advise companies about the boundaries of a competitor’s patent by performing infringement analysis, design around analysis, and validity studies.

If you are involved in patent infringement litigation, we can provide patent enforcement and defense, as well as opinion and expert testimony.

I can help control costs through a number of flexible options, including fixed fee arrangements, to  deliver quality of service within your budget.

How Can I Help?

If you, or someone you know, need help with any Intellectual Property issue, from filing a patent, trademark or copyright, or just advice regarding how best to protect your ideas and your brand, contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

Curiosity Turns 1!

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It seems like yesterday the Curiosity was a bouncing….well free falling…baby spacecraft waiting to hatch, er…be dropped stork-like on to surface of Mars.

 

Although not as old as its bouncing, literally, cousins Spirit and Opportunity, Curiosity has not been idle.

Curiosity, which is the size of a car, has traveled 764 yards (699 meters) in the past four weeks after finishing experiments at one location for the past six months.

Curiosity is heading to the base of Mount Sharp, to perform more experiments before heading up the mountain (about 3 mile or 5.5 km high).  It is expected to take the better part of a year to get to the final point of the scheduled mission.

However, if Curiosity is anything like its cousins, data collection will continue well beyond the original program (with sufficient budget of course).  I mean really, after traveling millions of miles, and basically being dropped off, this rover should last for a long time.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

How Long is My Patent Term?

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After you have spent all the time an effort to get your patent granted, determining the length of  time your patent rights are valid is the next step.

Normally, your patent term runs for 20 years from the filing date of the earliest U.S. application to which priority is claimed.  However, that isn’t the whole story.  Various issues can arise during the prosecution of your patent, so adjustments are made to the patent term.

As you might expect, this can make determining how long you patent rights exist a bit more difficult.
Fortunately, the U.S. Patent and Trademark Office recently announced a new tool for patent holders. The online calculator enables members of the public to estimate the expiration date of a utility, plant, or design patent.
The tool can help determine if the patent term has been shortened or extended by a number of factors, including:
•    Type of application (utility, design, plant);
•    Filing date of the application;
•    The grant date of the patent;
•    Benefit claims under 35 U.S.C. § 120, 121 or 365(c);
•    Patent term adjustments and extensions under 35 U.S.C. § 154;
•    Patent term extensions under 35 U.S.C. § 156;
•    Terminal disclaimer(s); and
•    Timely payment of maintenance fees.

The USPTO’s new calculator tool “provides a best estimate of a patent’s expiration date, based on a comprehensive list of factors than can be found in USPTO records.”

The calculator can be downloaded here.

How Can I Help?

While the calculator can provide valuable information, I recommend that individuals and companies still consult with an experienced patent attorney to determine if a patent is still in force. The USPTO also agrees, noting, “Before relying on an expiration date, individuals should always carefully inspect all relevant documents available through the USPTO, court records and elsewhere, and consult with an attorney.”

So, if you, or someone you know, need help with determining patent terms or any other Intellectual Property issue, from filing a patent, trademark or copyright, or just advice regarding how best to protect your ideas and your brand, contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman