patent question

Suppose someone has submitted a really stupid, obvious patent application, for something that has been common industry practice for decades. How does one stop the grant? Is there a best way to object?

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John Larkin         Highland Technology, Inc 

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John Larkin
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Application? Or issued?

I suppose you could file a challenge directly to the specified examiner, but you'd have to ask a patent attorney to know for sure.

As I've posted here before, a client of mine had to spend beaucoup bucks to stop enforcement of an issued patent... a block diagram saying "this is an RFID tag with these specs and is therefore an invention"... sort of like the original Henry Ford fighting the establishment patenting "car"... Ford finally won.

Our case went on for two years... I, as an expert witness, was paid obscene fees for deposition after deposition, plus training everyone on how to use PSpice :-) ...Jim Thompson

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| James E.Thompson                                 |    mens     | 
| Analog Innovations                               |     et      | 
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Reply to
Jim Thompson

If it hasn't issued there may be a chance. But the examiner might be miffed because it's like saying "Hey, didn't you see the obviousness here?"

What's the hourly rate at the "obscene level"?

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Regards, Joerg 

http://www.analogconsultants.com/
Reply to
Joerg

USPTO will grant patents on the blindingly obvious and industry common practice that is decades old. They have even granted Amazon a patent on taking photos of kit in front of a white paper screen. I kid you not!

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The only test they seem to apply is are the applicants dollars green and supplied in sufficient quantity? Xerox has a US patent on the mathematical identity X + (-X) = 0 as applied to JPEG decoding.

Most major US corporates have a raft of worthless IP patents for cross licensing with competitors and fighting with in the patent troll lawyer bear pit that is the lawless town of Marshall, Texas.

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World capital of patent trolls - they must have lots of bridges!

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Regards, 
Martin Brown
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Martin Brown

$250/hour "on-deck" (depositions and court appearances, plus expenses) ...Jim Thompson

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| James E.Thompson                                 |    mens     | 
| Analog Innovations                               |     et      | 
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Reply to
Jim Thompson

That's reasonable. I've seen $500/hr expert witness fee. I guess it also depends on location.

Reply to
edward.ming.lee

37 C.F.R. sections 1.22 (e) and 1.290 ("Rule 290") seems to be the current standards.

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Reply to
David Platt

That is a lot. Although laywers charge more. My CPA/lawyer charges $250 for regular CPA work (tax returns and stuff) and $300 when he has to go to the mat in court. But this is the boonies in the Wild West and I've seen up to $600 in larger cities. Insane indeed.

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Regards, Joerg 

http://www.analogconsultants.com/
Reply to
Joerg

There is a way, and it's not especially hard. Basically, the Patent Office publishes applications a year or so before proceeding *specifically* to give the public a chance to weigh in.

"Weighing in" consists of sending in relevant prior art (publications, testimony, etc.).

I did it once ages ago--don't remember the rule / procedure--but it wasn't a big deal.

Dave Platt may have the secret sauce in his post.

Cheers, James

Reply to
dagmargoodboat

Yes, one source of info is to just call the uspto help line and pop the question. They will transfer you to a patent atty in the USPTO. Be a bit over-technical, legally, will ensure you get an atty.

There's something alled the "case file" for each patent, and I seem to remember you can search for it.

BTW, if you want to search patents, and USPTO doesn't work well, google: "google patents advanced" You can get a search bar etc. that works pretty well.

The search can spread out to find prior art, which is what you want here, I think.

OH, and the heart and soul of the patents are the claims. The rest of the patent just explains the claims. Any battle over a patent will be won or lost in the claims. Your attack must center on the claims. There also you will see the strategy of the attorney who wrote it. The atty will often add a detail to make it unique: "An automobile tire with green knobs on it that allow easier balancing."

If you want to pursue this in detail, see Pressman, "Patent it Yourself." library.

Reply to
haiticare2011

Yes, reference their specific law:

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Reply to
bloggs.fredbloggs.fred

37 C.F.R. 1.291 Protests by the public against pending applications.
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Jeff Liebermann     jeffl@cruzio.com 
150 Felker St #D    http://www.LearnByDestroying.com 
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Jeff Liebermann

Maybe this is relevant:

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Reply to
Chris Jones

More:

Letter of Protest:

Third Party Inquiries and Correspondence in a Published Application:

New Mailing Addresses for Letters of Protest:

Case Number Search:

Preissuance Submissions:

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Jeff Liebermann     jeffl@cruzio.com 
150 Felker St #D    http://www.LearnByDestroying.com 
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Reply to
Jeff Liebermann

If the idea trivial there shouldn't exist any patent to protect the obvious ...

Reply to
habib.bouaziz

Hey Jim are you kidding or what ? 250E/hour is not precisely what it is cal led "obscene level". Don't you ever heard about 3000 EURO/day (8 hours) for EMI/EMC consultancy ?

depends on location.

Reply to
habib.bouaziz

I once received $3,000 for 45 minutes direct effort. But that doesn't compare much to theose CEO's getting $30,000/min

Reply to
RobertMacy

Court rates tend to be higher, I think partly because you are subject to the schedule of the court so it displaces other activities.

--sp

Reply to
Spehro Pefhany

alled "obscene level". Don't you ever heard about 3000 EURO/day (8 hours) f or EMI/EMC consultancy ? "

My Grandfather got $5,000 a day at one point. It was only a few days but he schooled a few engineers on a design flaw they had in their knitting mills . He was maintenence at the ONLY mill in th eUS that was NOT calling the co mpany and bitching. The company wanted to know why. So they flew him in fro m Cleveland for a little talk with their engineer, and to produce his modif ication for them.

So in like four days he picked up enough loot to buy a new car. We are talk ing the 1950s. He was intelligent, but really just a working Man. This was quite the thrill I suppose. Tell you what, I have made some really fast (le gal yes) money in my time, but noting like that, ever, especially adjusted for inflation but really, not even adjusted for inflation. Legal or not I n ever made that many dollars that fast.

Understand what was at stake here - practically an entire industry. Of cour se now that industry is gone, but at the time people used to work ther and make money and pay their bills and stay off welfare.

Seems like we shouldn't've sent that shit overseas. Didn't save any money, it's just that the middleman makes more.

Enoough on that, I just thought it would be interesting when someone consid ers a certain rate of pay "obscene", even if not meant derogatorily. the fa ct is my old buddy Emil said it right - "Whatever the market will bear".

And that is the heart of capitalism. Any which way you can turn a profit.

Reply to
jurb6006

OOPS, $500 a day.

What makes it significant is when. It was before I was born and a new car was two grand.

Reply to
jurb6006

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