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Protecting Creativity by Artificial Intelligence: Part 3
February 06, 2019
Post by Hartung, Kirk M.

Post By Kirk M. Hartung Artificial intelligence (AI) inventions and discoveries discussed in part 2 of this blog series, which may be protectable with patents, are only one form of creativity by computers. AI can also generate written documents, music, and other creative works of authorship. See for example, CLOEM and AllTheClaims.com. Even software now exists that allows computers to use artificial intell....... Read More


Protecting Creativity by Artificial Intelligence: Part 2
January 30, 2019
Post by Hartung, Kirk M.

Post By Kirk M. Hartung U.S. Patent laws usually have two objectives: 1) To disclose inventions for the benefit of mankind; and 2) To incentivize inventors and investors. Thus, patent protection serves a social benefit and a personal benefit. Currently, thousands of patent applications are being filed in the U.S. Patent Office for inventions directed to AI, and despite the patent eligibility issues, patent....... Read More


Protecting Creativity by Artificial Intelligence: Part 1
January 23, 2019
Post by Hartung, Kirk M.

Post By Kirk M. Hartung Artificial intelligence has progressed to a state where, based upon software and algorithms written by humans, the computer itself can solve problems and discover new and better ways to accomplish desired results. Artificial intelligence is being used in many industries, including agriculture, education, manufacturing, and medicine. The inventions and creations of the computer itsel....... Read More


Palm Restaurant Dispute Leads to Big Monetary Damages
November 27, 2018
Post by Hartung, Kirk M.

Post By Kirk M. Hartung A lawsuit filed in New York State court in 2012 on behalf of minority shareholders of the famous Palm Restaurant has a recent court decision awarding over $71 million to the plaintiffs against defendants for breach of fiduciary duty. This dispute among family members is premised upon 54 undervalued intellectual property licenses and a reasonable royalty for use of the trademarks and....... Read More


Coffee by Drone Delivery
November 15, 2018
Post by Hartung, Kirk M.

Post By Kirk M. Hartung The use of drones in various business applications is becoming common. For example, drones with cameras are used to inspect farm crops, to search natural disaster areas, to provide news coverage,  and to make Hollywood films.  Historical business are being reinvented and new businesses are being developed by the use of these unmanned aerial vehicles. Drones will soon be pa....... Read More


Patent Eligibility: Hope from the PTO Director
September 25, 2018
Post by Hartung, Kirk M.

Post By Kirk M. Hartung On Monday, September 24th, the Director of the U.S. Patent & Trademark Office, Andrei Iancu, stated in a speech to the Intellectual Property Owners Association that his agency is working on new guidelines that address the “mushed up” and “muddled” case law on patent eligibility under 35 USC 101. Once again, Iancu has acknowledged that the current status of eligibility is unclear....... Read More


Federal Circuit Judge Calls for a Fix to the “Abstract Idea” Mess: Part 4
August 16, 2018
Post by Hartung, Kirk M.

Post By Kirk M. Hartung Below you'll find the last and final post of this blog series concerning the "abstract idea". To read the previous posts, please view Part 1 of the series, Part 2 of the series, and Part 3 of the series. Prior blog posts illustrate concern from judges of the Court of Appeals for the Federal Circuit regarding the abstract idea judicial exception to § 101 patentable subject matte....... Read More


Federal Circuit Judge Calls for a Fix to the “Abstract Idea” Mess: Part 3
August 08, 2018
Post by Hartung, Kirk M.

Post By Kirk M. Hartung This abstract idea case continues to stir up important matters that we all need to keep a close eye on. Below you'll find part 3 of this blog series concerning the "abstract idea". To read the previous posts, please first view Part 1 of the series, and then view Part 2 of the series. The previous posts regarding the dissent by Judge Plager of the Court of Appeals for the Federal Cir....... Read More


Federal Circuit Judge Calls for a Fix to the “Abstract Idea” Mess: Part 2
July 25, 2018
Post by Hartung, Kirk M.

Post By Kirk M. Hartung Last week, I began a blog series on the "Abstract Idea" and hope you will continue to follow this critical topic. The previous post from last week can be found here.  The concerns regarding the current state of the law regarding patent eligibility raised by Judge Plager in his recent dissent in the decision by the Court of Appeals for the Federal Circuit in Interval Licen....... Read More


Federal Circuit Judge Calls for a Fix to the “Abstract Idea” Mess: Part 1
July 24, 2018
Post by Hartung, Kirk M.

Post By Kirk M. Hartung I will be posting for the next several weeks in a series regarding the infamous "Abstract Idea" Mess. Stay tuned for next week's series follow-up! In a decision of the United States Court of Appeals for the Federal Circuit (CAFC) dated July 20, 2018, and including AOL, Apple, Google and Yahoo as defendants, Judge Plager issued a 17-page dissent calling the current state of the law....... Read More


U.S. Patent Number 10 Million
June 26, 2018
Post by Hartung, Kirk M.

Post By Kirk M. Hartung Last week, the U.S. Patent and Trademark Office (USPTO) reached a new milestone, with issuance of patent number 10 million. This patent is entitled Coherent LADAR Using Intra-Pixel Quadrature Detection, and relates to a laser detection system for various industries, such as medical imaging and autonomous vehicles. The patent is owned by Raytheon Company, of Waltham, Massachusetts. A....... Read More


Fraudulent Invention Development Company Banned
June 06, 2018
Post by Hartung, Kirk M.

Post By Kirk M. Hartung Last month, the Federal Trade Commission announced the settlement of a lawsuit against an invention development company which permanently enjoins the company from further business due to fraudulent and deceitful conduct with inventors. Scott Cooper and his companies, World Patent Marketing and Desa Industries, Inc., used bogus success stories to get clients to pay thousands of dolla....... Read More


Federal Circuit Judges Encourage Congress to Act on Patent Eligibility
June 05, 2018
Post by Hartung, Kirk M.

Post By Kirk M. Hartung Patent eligibility under 35 U.S.C 101 has been a hot topic in the past few years and in view of several U.S. Supreme Court decisions, including the 2014 caseAlice Corp. Pty. Ltd. V. CLS Bank Int’l, 134 S. Ct. 2347.  In Alice, the Supreme Court concluded that abstract ideas are not patentable, absent something more, beyond well-understood, routine, conventional activities know....... Read More


World Intellectual Property Day 2018
April 27, 2018
Post by Hartung, Kirk M.

Post By Kirk M. Hartung On World Intellectual Property day (April 26), President Trump proclaimed his administration’s goal of improving intellectual property rights in the United States. This is similar to the pledge earlier this month by the new director of the U.S. Patent and Trademark Office, Andrei Iancu, in his recent speech to the U.S. Chamber of Commerce to strengthen our patent system. Both the Pr....... Read More


Patent Office Director Pledges Improvements to U.S. Patents
April 19, 2018
Post by Hartung, Kirk M.

Post By Kirk M. Hartung In a speech to the US Chamber of Commerce, the newly appointed head of the U.S. Patent and Trademark Office, Andrei Iancu, expressed his concern over the current state of the U.S. patent system, and pledged to make improvements within the Patent Office to strengthen and increase predictability.  New laws, courts decisions, and negative commentary over the past several years has....... Read More


Protecting Concepts: The Best in Their Businesses Do Battle
April 05, 2018
Post by Hartung, Kirk M.

Post By Kirk M. Hartung Basketball superstar Lebron James has challenged perennial college football power Alabama over a sports talk show staged in a barbershop. During last year’s NBA finals, James’ multi-media business, Uninterrupted, premiered its show “The Shop” on ESPN featuring James and other professional players discussing basketball in a barbershop. Alabama recently promoted its show “Shop Talk,” ....... Read More


Patent Proposals in Congress
March 21, 2018
Post by Hartung, Kirk M.

Post By Kirk M. Hartung Since the creation of patent reviews at the Patent Office Trial and Appeal Board (PTAB) by the America Invents Act of 2011, a very high percentage of reviewed patents have been declared invalid. Now, a bill has been introduced in the House of Representatives which could change these statistics. The bill also could revive issuance of injunctions against adjudicated infringers, which ....... Read More


Time to Consider Patent Protection in China
February 13, 2018
Post by Hartung, Kirk M.

Post By Kirk M. Hartung In the past decade, the Chinese government has made substantial policy changes regarding protection for intellectual property, both for obtaining rights and enforcing rights. These policies are generally favorable to patent owners and are intended to incentivize innovation. In December, the World Intellectual Property Organization (WIPO) published statistics for worldwide patent application....... Read More


Protecting Your Company's Innovations
February 02, 2018
Post by Hartung, Kirk M.

Post By Kirk M. Hartung In 2017, over 600,000 patent applications were filed with the U.S. Patent Office, the most in its history. Clearly, a business plan for intellectual property may provide substantial value to your company, or you may be leaving substantial value on the table. Failure to plan is, in essence, a plan to fail. A thorough plan, properly executed, can provide protection for innovations, pa....... Read More


U.S.P.T.O. Remains Open
January 22, 2018
Post by Hartung, Kirk M.

Despite the shutdown of a significant portion of the federal government, the United States Patent and Trademark Office will remain open, at least for the short term.This government agency is self-funded through user fees, and therefore will continue business as usual for the next two weeks. If the government shutdown continues into February, the PTO status may change. Below is an email from January 19, 20....... Read More


The U.S. Patent Office Is Improving
May 17, 2017
Post by Hartung, Kirk M.

The Director of the U.S. Patent and Trademark Office, in remarks yesterday to the George Washington School of Law, noted numerous improvements and initiatives at the Patent Office to improve the patent process, such as: Time from filing to first action has decreased 43% in the past 5 years, from 28 months in 2011 to 16 months now. Time from filing to final office action/allowance has been reduced 26%,....... Read More


The Corporate King of Patents
January 13, 2017
Post by Hartung, Kirk M.

Post By Kirk M. Hartung For the 24th straight year, IBM has received more U.S. patents than any other entity. In 2016, the Patent Office issued 8088 patents to IBM covering a wide range of inventions, including cloud computing, cyber security, artificial intelligence, cognitive computing, health care, medical devices, and drones. These patents named over 8500 different inventors f....... Read More


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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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McKee, Voorhees & Sease, P.L.C. provides this blog for general informational purposes only. By using this blog, you agree that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and McKee, Voorhees & Sease, P.L.C. Do not consider this blog to be a substitute for obtaining legal advice from a qualified, licensed attorney. While we try to revise this blog on a regular basis, it may not reflect the most current legal developments. We consciously refrain from expressing opinions on this blog and instead, offer it as a form of information and education, however if there appears an expression of opinion, realize that those views are indicative of the individual and not of the firm as a whole.

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