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Darin Gibby

Author • Speaker • Lawyer

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A Design Patent Doesn’t Cover a Chemical – More Half Truths on Shark Tank

Darin Gibby

A Design Patent Doesn’t Cover a Chemical – More Half Truths on Shark Tank

February 3, 2013 by Darin Gibby

This week on Shark Tank a company called BibbiTech (http://http://www.bibbitec.com) touted their high-tec baby bib. It’s made of a neoprene rubber with a non-stain fabric.  I have to admit that the idea is a pretty good one, but the Shark’s didn’t bite.  It was way to expensive and they had no business plan. The Sharks…

Filed Under: Patents

Patent Term Calculator

January 25, 2013 by Darin Gibby

The patent office just posted this on their site.  You can download it to your desktop and try it out.http://www.uspto.gov/patents/law/patent_term_calculator.jsp#heading-1 .  Several years ago, we produced a similar program that works really well.  However, one word of caution. You still need to review the file history and look at the exact language in terminal disclaimers and other quirky…

Filed Under: Patents

Mark Cuban Goes Off On Patents

January 19, 2013 by Darin Gibby

The debate was all over the patent held by TEC (Technology Enabled Clothing). When the patent holder didn’t want to sell part of his business, but just license his patent, Mark Cuban lost it. In essence, he said that patents are a waste, they ruin a market and all they do is create uncertainty. While…

Filed Under: Patents

Examiner Interviews Improve Patent Quality?

January 17, 2013 by Darin Gibby

Evidently, that is true.  In a recent blog post (http://www.uspto.gov/blog/director/entry/interviews_and_patent_quality), the patent office claims that when an applicant interviews the examiner the patent quality improves. At first this surprised me.  Thinking about it a little more, however, it makes sense. When you interview a case, the examiner tends to pay more attention and so the…

Filed Under: Patents

Enablement/Best Mode Problems on Shark Tank

January 12, 2013 by Darin Gibby

That is essentially what the inventors of the Joulies admitted this week on Shark Tank.http://abc.go.com/shows/shark-tank/episode-detail/episode-414/1056608.  The basic idea behind the Joulies is to put something that looks like a small stone in your coffee to cool it down when it is too hot and to warm it up when it gets cold.  The company web…

Filed Under: Patents

Patent Prosecution Highway

January 6, 2013 by Darin Gibby

I had always assumed most patent applicants knew about the Patent Prosecution Highway (PPH) and were taking advantage of it.  Evidently not.  I just attended a patent conference where the speaker suggested that not many people are using the PPH.  The speaker indicated that the patent office wants this program to succeed.  He showed statistics…

Filed Under: Patents

New Micro Entity Fee Rules

December 19, 2012 by Darin Gibby

If you qualify, this is a great deal.  The unfortunate part of patent prosecution is attorneys fees, which are largely the result of the complexity of the prosecution process, and the AIA did little to help that.  However, this is a nice start.  Also, per my previous post on small claims courts for patent litigation,…

Filed Under: Patents

Small Claims Court for Patent Infringement

December 18, 2012 by Darin Gibby

The US Patent Office thinks so.  And they just filed a notice asking for comments.  The public has 90 days to provide any thoughts.  I, for one, think this is a great idea.  Right now it costs well over $1 million to bring a patent infringement case, essentially making patents worthless to most American inventors. …

Filed Under: Patents

Shark Tank and Provisional Applications

December 17, 2012 by Darin Gibby

I am always amazed at how entrepreneurs on Shark Tank try to argue the value of their company based on a provisional application.  This show was a classic case of this. http://abc.go.com/shows/shark-tank/episode-detail/episode-409/1043697?page=4.  The product was a simple leg wallet, and they acted like nobody else could compete with them.  Utter nonsense. First, the patent office isn’t…

Filed Under: Patents

Combating Patent Trolls

December 9, 2012 by Darin Gibby

More than 10% of patent litigation in America comes from so-called patent trolls.  If you or one of your clients have ever received a letter from one of these outfits, you understand the problem.  You read the patent claims referenced in the letter and they bear no resemblance to your clients products.  If you try…

Filed Under: Patents

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