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Message: OT-New Patent Rules Would Severely Affect Famous Inventor (email spam)

OT-New Patent Rules Would Severely Affect Famous Inventor (email spam)

posted on Oct 09, 2007 01:20PM
LegalMetric

Greetings,

As most of you know the new Patent Office rules will take effect November 1st. Before the new rules, one New Jersey inventor amassed 394 patents with more than 5 independent claims, 21 of which had more than 25 total claims. This will be prohibited by new 37 CFR 1.75(b)(1). Furthermore, this same inventor slid by without filing any of the 7,326 separate statements about co-pending applications that will now be required by 37 CFR 1.78(f)(1)(i), or any of the 243 terminal disclaimers under 37 CFR 1.78(f)(2)(ii)(A) or explanations under 37 CFR 1.78(f)(2)(ii)(B) for the applications filed on the same day with the exact same title. This inventor obtained more than three patents with identical titles 67 times - once obtaining 37 different patents with the exact same title, with a total of 188 claims. 286 times he obtained patents with the same titles with more than 15 total independent claims, and 53 times he obtained patents with the same titles with more than 75 total cl! aims, which would now be nearly impossible under 37 CFR 1.75(b)(1).

THANK GOODNESS that the Patent Office has put a stop to the likes of Thomas Alva Edison. What would become of us if we had more like him?

These figures don't include applications Edison filed that did not issue, or the rejected claims in the patents that did issue. Even with a lot more work, Edison probably could not have obtained equivalent protection. Because he violated the 5/25 rule on at least 394 occasions, he would have had to file and prosecute at least that many more applications. He also would have had to file 7326 statements under 1.78(f)(1), as many as 72 on a single day, and 243 terminal disclaimers under 37 CFR 1.78(f)(2)(ii)(A) or explanations under 37 CFR 1.78(f)(2)(ii)(B). He doubtless would have lost at least some of his protection in the 67 instances where he had four or more patents with the same title, and in the 286 patents in patent families where the total number of independent claims exceeded 15, and in the 53 patents in patent families where the total number of claims exceeded 75. Destroying the incentive to invent such trifles as the electric lamp, the stock ticker, the phon! ograph, movies is a small price to pay for the convenience of the Patent and Trademark Office.

Undoubtedly the Patent and Trademark Office will now remove the 2108 references on its web site to Edison, now that it has identified him as a serial patent abuser.

For a copy of the spreadsheet from which these figures were obtained, go to www.legalmetric.com and click on Edison Patent Spreadsheet under Resources.

Regards,

Greg Upchurch
Director of Research
LegalMetric, LLC
1-888-309-3001 ext. 12
greg@legalmetric.com
www.legalmetric.com

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