Works of Art

by Steve Reiss (stevenreiss@scienbizippc.com)

Some patent drawings are true works of art. Indeed, there are books devoted to just displaying these works of technological beauty.

Here is the cover image from USP 328,899 (1885).

Bad Apples and Patent Attorneys

by Steve Reiss (stevenreiss@scienbizippc.com)

One bad apple spoils the entire battle. Misdeeds of co-inventors, or even a patent attorney, can affect the property rights of an otherwise innocent individual. Stark v. Advanced Magnetics, 119 F.3d 1551, 1556 (Fed Cir. 1997)

Examining Procedure

by Steve Reiss (stevenreiss@scienbizippc.com) 

After evidence or argument is submitted by the applicant in response, patentability is determined on the totality of the record, by a preponderance of evidence with due consideration to persuasiveness of argument. 

If examination at the initial stage does not produce a prima facie case of unpatentability, then without more the applicant is entitled to grant of the patent.

In Re Hans Oetiker, 977 F.2d 1443 (Fed. Cir. 1992)

The greatest advance ... in the last 40 years ---> Immaterial

by Steve Reiss (stevenreiss@scienbizippc.com)

it was immaterial whether Piasecki had made "the greatest advance ... in the last 40 years", if this "flowed logically and in an expected manner from the collective teachings of the prior art".

In Re Frank N. Piasecki and Donald N. Meyers, 745 F.2d 1468 (Fed. Cir. 1984)