IP Thoughts

These are Strange Political Times

2009-07-05T14:06:04Z

I have avoided blogging for the last month because I have been trying to get out of the political discussions that have pervaded my blog for the last few months. It has seemed so bizarre that the virtually no one in the media (except right wing blogs and radio) is challenging Pres. Obama's attempt to borrow our way to prosperity. (In actuality, it is not borrowing since not even China wants our debt. Rather it is printing money to ease today's recession - setting up a stag-flation situation like occurred in the late 1970s and early 1980s.) Spending more than you make worked so well for American consumers that the Government thinks it is the way to prosperity.

Now, we have bizarre politics on the international scene. Pres. Obama and most of the rest of the world have said relatively little while Iran kills or arrests young people there who are protesting what appears to be a fraudulent election. Of all countries - it is France - who has spoken out with the strongest condemnation of Iran's oppression of it's citizens.

While killing and arresting those who disagree with a fraudulent election is ok, what is not ok is for a country to get rid of a dictator in the making. Last week the military in Honduras escorted Pres. Jose Manuel Zelaya out of the country. The US and others in the International community has condemned the "military coup d'etat".   Interestingly, however, the removal of Pres. Zelaya was not planned by the military and the military did not interfere with the replacement of Pres. Zelaya with his constitutional successor.   It seems that the military was acting on orders from the Honduran Supreme Court who ordered Pres. Zelaya arrested after he repeatedly ignored rulings against him by the Court. (It seems being escorted out of the country is worse than being arrested for abuse of power charges). Not only did the Supreme Court vote for his ouster, so did the Honduran Congress (including his own party) and the Honduran Attorney General. Pres. Zelaya's successor - Pres. Roberto Micheletti - is from Zelaya's own party.

The international community is now insisting that Pres. Zelaya be returned to power in Honduras. Apparently the Honduran Supreme Court, Congress and Attorney General should have no say in the matter. Pres. Hugo Chavez of Venezuela is promising to overthrow the new regime. Something is wrong when the U.S. is siding with the Castro, Chavez and Ortega.

Lets make sure to put Zelaya back in. That way we can have a solid block of leftist dictators in Latin America. It is just was we need right now.   Then perhaps we should start working on repeal of the 22nd Amendment. Apparently, it is still a great time to be a dictator.

US Scoialism

2009-06-01T19:19:00Z

I have sat back in awe at how quickly the U.S. can gone from a capitalist country into one that, for all intents and purposes, is on a fast track to socialism. Do anyone ever think that the President of the United States would be not only dictating the development of new cars at Chrysler and GM. While the U.S. Government has taken over two of the three largest automakers, the French government is busy selling off companies that were previously nationalized. Soon, the U.S. government will own a larger share of GM than France owns of Renault. (Of course, one has to ask why all of this was necessary since GM is ending up in bankruptcy anyway. The only difference is that instead of the bond holders and secured creditors getting most of the company, control will now be with Pres. Obama and the Unions).

I have been surprised by the lack of outrage in the American public. The government bails out some companies while allowing others to fail. I guess it all depends on who your friends are - Just ask Hank Paulson.

You know it has hit rock bottom when Pravda Online, a take off of the former Official Paper of the Soviet Central Committee is mocking the U.S. In American Capitalism Gone With A Whimper the former comrades mock the U.S. for its run toward the failed policies of socialism.

In case anyone forgot, we fought a war two hundred and thirty three years to get rid of excessive government interference in our lives. It is apparent that the Founding Fathers had no greater fear than the power of government and went to great lengths to limit the ability of the government to control the lives of U.S. citizens. Now it is hard to find one of the bill of rights that the government does not violate on a routine basis.

So the real question, do American want a land of opportunity or a land where the government controls everything. If we do not speak up for one we will surely get the other.

Utah Genius - Thank You

2009-05-13T00:00:00Z

Today we held the Utah Genius awards honoring a large number of Utah geniuses. There are many definitions of genius. The one I like the best is "an individual who successfully applies a previously unknown technique in the production of a work of art, science, or calculation, or who masters and personalizes a known technique." The people and companies we honored today have shown their exceptional capacity by obtaining a large number of patents in a single year (5 were required to make the top 20) or creation of new products as shown by their trademark registrations. A full list of winners will be up soon on utahgenius.com.

I just want to thank the people at my firm. It is a challenge doing an award ceremony where the honorees do not put in for the award. With this being our first year, we had to convince a number of inventors and companies that we were not trying to sell them anything. It took many calls to track down the fifty-seven honorees for this year's event and get photographs and other information needed.

It was also a challenge getting everything ready for the nearly 300 attendees at the luncheon, but we were rewarded by the caliber of people who showed up. The best part of the program was when Dinesh Patel received a standing ovation when awarded the Lifetime Achievement Award. In his typical humble style, Dr. Patel doubted whether he qualified for the award. If he doesn't, we are in trouble, because I cannot think of anyone more qualified to be called a Utah Genius.

It has been a fun ride and we hope next year's program will be even better.

Where the smart people live

2009-05-08T16:43:00Z

OK, patenees are not the only smart people, but here are the cities with the most patents per capita:

Alpine
Fruit Heights
Hyde Park
Lindon
Park City

The top cities by the number of patents are:

Draper
Orem
Provo
Salt Lake
Sandy
Spanish Fork

These are in alphabetical order. To find out how the rank, come to Utah Genius, Tuesday, May 12, 2009 at the Grand America.

Utah Genius Less Than Two Weeks Away

2009-04-29T05:17:00Z

It is hard to believe that Utah Genius is now less than two weeks away. When I conceived of the idea I wanted to award those who had been prolific with their creativity. I had no idea how much their was to do to run an awards program with 50 honorees. While it was much more than expected, it has been a great learning experience. Starting a new program on a year when everyone's advertising budget has vaporized made it a challenge, but we have been able to find great sponsors who believe in the program as much as we do.

We hope to see you at Utah Genius at the Grand America, May 12, 2009 at 12:15 pm. For more information see www.utahgenius.com.

A Bad Economy Should Mean Better Service

2009-04-25T06:09:00Z

One of the good things about a bad economy is that it often results in better service. When work is abundant, it is easy to justify letting things slip through the cracks. However, when times are tight, it makes no sense to let customers walk away.

As part of our marketing efforts for Utah Genius, we called several radio stations to see about running some ads. We have never done radio before, but thought it might reach a broader audience. One station got back to us after a few calls. two others have not called back after three calls over the last week. While they are running ads on their stations promoting radio advertising, they lost a potential sale by failing to follow-up.

Fortunately for us, KUER and KEUD heard about our program and decided to come on as sponsors. We think they will be a great addition and will reach audiences that might not have been reached through our other advertising methods. In a down economy, it makes no sense to let potential business get away because you cannot be bothered to return the calls. Now is a time to refocus on customer service

Utah Genius - Dr. Dinesh Patel Speaks

2009-04-24T23:34:00Z

While he is a cornerstone of the Utah entrepreneural community, it is not often that you hear Dr. Dinesh Patel speak. Check out his views on Utah Genius and funding new companies and the Utah economy as a whole at www.utahgenius.com

How Much Does It Cost to "Volunteer"?

2009-04-23T04:42:00Z

While our government is spending at an astonishing rate, who should be surprised that we have to have the Federal government spend more money to expand volunteering. Sen. Kennedy and our own Sen. Hatch have pushed throught a bill to spend $5.7 Billion to expand or create national service programs.

Is there really a lack of service opportunities? If you talk to your local church or synogoge, the Boys and Girls Club, local homeless shelters, Big Brothers/Big Sisters, the local Rotary, Lions, Kiwanis, Exchange or other club, you will find a host of opportunities to serve. Moreover, I cannot think of a single charity, local or national, that will not have things you can help with.

So why do we need the Federal Government to spend $5.7 Billion it does not have. Look at the number of "service" jobs the bill creates (ie. adding 175,000 to AmeriCorps). Those are pretty expensive "volunteer" positions. Maybe we should volunteer to help our communities, not because the Government is paying for us to do so.

Dinesh Patel - A Utah Genius

2009-04-16T02:55:00Z

Few would argue with the proposition that Dr. Dinesh Patel is a Utah Genius. It is therefore fitting that Dr. Patel should be the inaugural honoree of the Utah Genius Lifetime Achievement Award. During Dr. Patel's career he has been:

Founding managing director of vSpring Capital;
CEO at Inflabloc Pharmaceuticals;
Founder, Chairman, President and CEO of Ashni Naturaceuticals;
Co-Founder, Chairman of the Board, President and CEO of TheraTech, Inc.

Dr. Patel has also been a champion of Utah's technology community and serves as Chairman of USTAR.

Dr. Patel has 15 US patents and many more foreign patents. He is an outstanding example of a Utah Genius and will be a deserving honoree at the luncheon at the Grand America Hotel on May 12, 2009. For more information check out www.utahgenius.com.

Utah Genius - Movein' On Up - i.e. New Location

2009-04-13T20:30:00Z

Good News, the Utah Genius awards will be held on May 12, 2009 at the Grand America Hotel. We had originally scheduled the Little America. However, they have received authorization to proceed with a major renovation and asked if we would be kind enough to move accross the street to the Grand America. Those who have attended events at the Grand America will realize that it did not take a lot of arm twisting to get us to agree. We hope to see you there on May 12, 2009.

Invented In Utah A Success

2009-04-10T03:03:00Z

One of the best things about being a patent attorney is getting to see the cool inventions that people come up with. From high tech to low tech, every day someone is coming up with a product or process that will make our lives better.

Last year Michael Horito and the gang at Rocketship started Invented In Utah. This year there was over 100 applicants which was narrowed to five finalists through a couple rounds of judging. The awards luncheon was held today, with the attendees selecting the three winners. Here are the top five.

Veritract Smart Feeding Tube is an advancement in the placement of nasoenteric feeding tubes (i.e. feeding tubes that go through the nose and into the stomach). Traditionally, placing the tube has been a difficult task and there is always the risk that the tube will accidentally enter the lung. Veritract allows the health care provider to place the tube more precisely, reducing time and saving money.

Syringe Cap is a novel cap for children's medicine which allows the proper dose to be measured every time and delivered to the child without the use of a separate syringe or eyedropper. Less mess and you never lose the syringe.

Ogwa presented their pressurized hydration packs. Trying to such water from a bag while you are biking or running - well it sucks. Ogwa solves the problem.

Troutberry Dough Bait Press - If you have ever had Powerbait within 20 feet of a child, you know what will happen next. Yep, it is guaranteed to be on their hands, their clothes and eventually the interior of your car. Troutberry provides a simple little device which allows you to bait your hook without every having to touch the bait. This is one of those classic low tech inventions that makes you want to hit yourself and say "why didn't I think of that." It will quickly become a must have of anyone using Powerbait.

Directional Teleprompter - Everyone who follows politics realizes the teleprompter snafus are becoming common place. Directional Teleprompter provides a teleprompter that is much more visible to the speaker without the audience being able to read along. While it is an improvement over teleprompters in a conventional setting, the amazing thing is how readable it is out doors in broad daylight.

And the winners were:

No. 3 - Syringe Cap

No. 2 - Ogwa

No. 1 - Veritract

between the three of them they walked away with over $65,000 in services from the sponsors.

Congratulations to all.

$50 in Best Buy Gift Card and Free Lunch @ Utah Genius - Contest

2009-04-03T22:54:00Z

As many of you know, my firm is sponsoring Utah Genius. These are the people that get creative and make our state economy work. We think it is about time that we recognize the people and creativity behind our state and certify each as a Utah Genius. If you do too, we ask you to RSVP and support the event.

In that vein, I think it would be fun to see how many of you out there could guess 10 of the winners, excluding city awards. To make it interesting, my firm has agreed to throw in $50 in Best Buy giftcard(s) and a ticket to the Utah Genius award ceremony. My firm will check the results over the weekend and I'll give a follow-up post about the winner.

That said, here are the rules:

Must be over 18
No one employed by a Utah Genius sponsor may win
Post your guess of 10 winners in the comments below (they can be patentees and/or trademark registrants - cities do not count for this). They can be in any order.
Your guess cannot be more than 10 winners
Your email address you give when commenting must be correct or we will not be able to contact you, but do not put your email address in the post itself. We won't sell or otherwise abuse your email
You will have 24 hours to reply to a message saying that you win or we will give the prize to the next winner
We are not responsible for any interruptions in service ... we take the post logging as absolute
If for some reason, we make a mistake, your remedy is simply an apology from us ... we'll try not to make one
Do not email your guess. Only comments posted below are considered entries.
See UtahGenius.com for information about what we consider a winner. However, do not list cities as guesses, only the other categories. Your guesses may come from any of the other categories besides cities.
You may enter more than once, but don't spam me. If you enter more than 10 guesses, we may choose to ban you.

Good Luck!

--Rand

Defending the Constitution

2009-03-31T17:05:00Z

While most of us are keeping a close eye on the economy and the mortgaging of our children's future, not as many are paying attention to other things which could pose a risk to our country as we know it. While President Obama represented that he would govern from the center, some of his choices are from the fringe left. For example, Pres. Obama has nominated Harold Koh, the former dean of Yale Law School, to serve as legal counsel to Secretary Clinton in the State Department.

The problem with Mr. Koh is that he has a pretty warped view of how to apply the Constitution. Mr. Koh believes that we must interpret the Constitution in light of foreign legal standards. For example, Mr. Koh has filed briefs arguing the right to same-sex marriage should be based on its recognition by Canadian and European Countries. He has also indicated that there are times when Islamic law would be appropriate in U.S. Courts. (Apparently separation of Church and State only applies to certain denominations).

Do we really want someone giving legal advice to the State Department who believes that we must conform U.S. laws to those of foreign nations and that the views of people in other countries should carry more weight than those of U.S. citizens? While there is plenty of room for debate on both sides of the political isle, there are extremists on both ends of the spectrum who should be avoided. Mr. Koh is one of those individuals.

The Governors Economic Summit

2009-03-30T17:42:00Z

Today I am at the Governor's Economic Summit. So far there have been some great speakers.

The highlight this morning was Dr. Ed Catmull, the co-founder of PIXAR animation studios (and U of U grad). A few of his thoughts:

Why do great companies go off the rails?

Failure to make teams that work well together

Fear of change - This is no safe place and organizations are inherently unstable.   Unless you are constantly responding things
         will go wrong.

  Reluctance to share thought processes early. It is better to see what people are doing early. Show your work daily.

Fear of hiring people who are stronger, better, faster.

  Fear of loss of control.

Failure to assume good intentions and push responsibility out to others.

Entrepreneurism Breakout - a few thoughts from the presenters

Rich Hanks - Mindshare Technologies

   Control your expenses. Why buy a $1000 white board when you can buy the same thing at Home Depo for $12.95 without the wood
    trim.

    Sales covers a multitude of sins.

     Forget all of the VC buzzwords and get sales, liquidity events and everything else will follow.

Marketing - Bruce Law - Sprout Marketing

Focus on topline growth and assign someone else to control the numbers for the bottom line.

  Measure Everything - know what works and what does not so you have the confidence to spend where you need to..

Advertise more during down times (be the last one standing).

Larry Rigby - Larada Sciences

    Uncle Sam is the ultimate investor right now. Get some pork.

    Balance passion with reason.

Todd Stevens - Epic Ventures

    Look for new customers and live by your wits.

    The only increase in capital in 2008 was clean tech.

    Remember where the opportunities are global and in light of government spending.

    First time financings dropped 28 percent from 1st quarter to 3rd quarter. Seed investing is very difficult nationally.

You Want to Start a Business Now?

Hal Widlanky - Mangia

Ladder your brand to gain credibity of your partners.

Every major recession has spawned a new form of entertainment.

     Pay attention to grant money available from the government.

Tim Miller - Glycomira

     In tough times, there is more focus on the value of the idea in good times and bad.

     The paradox of thrift (consumers save when the economy needs spending).

     Get an experienced group around you. It is easier to get good talent and expectations are lower.


Dave McNally (Formerly of ZEVEX and currently at NexsprouT) (Full disclosures, Dave is a client and a great guy)

     Know how to bootstrap.

     Manage your affairs like you do not have capital (i.e. avoid wasting capital when you get it).

     Get good people on your board who know enough to see your mistakes.

     Focus like a laser on your business and customers - know what your competencies are.

     Be thrifty and focus on execution.

     Do not skimp on people, business partners, and your intellectual property. Skimp on your furniture and other unimportant things.

Jeremy Nielsen - Utah Fund of Funds

     If you cannot get someone from the industry to sit on your board, rethink your idea.

     Make sure you get the right valuation. A high valuation is nice, but it may backfire and lead to a down round if you were
          valued too high.

    Always try to contact contacts through a common friend rather than a cold call. The best people are always networking.

Barney Frank - Poster Child For Term Limits

2009-03-23T03:53:52Z

Change you can believe in was the motto.  Yes, we got some change, but only a little and not for the better. What we need is real change - in the right place. We need a change in Congress. We need the near-sighted Representatives and Senators who led us into this mess to be gone. Think what we could accomplish with 535 people who were looking out for what is in the best interest of our country over the next 10 years, rather than how to get re-elected.

I have not been a fan of term limits because I think the people need a choice. However, the system has developed to the point that the incumbent has an incredible advantage. Congress has developed into a club where years in the seat gives you far more power.   Why would someone want to replace one of the Senators who sits on the Appropriations Committee, the Committee which oversees the budget. Sen. Feinstein of California was unapologetic about loading up the pork for California, even when it was to companies in which her husband was a major stockholder.

Likewise, Senators and Representatives get the franking privilege. They get to send mail to everyone in the congressional district for free. Talk about free advertising. Actually, it is not free, each of us pays for it. It just lets our politicians charge us to send us advertising. Image how well your business would be doing if the general public had to pay your company to send them advertisements.

Last, but not least, is the ability of sitting politicians to raise large amounts of cash. Senators and Representatives can get huge contributions by selling their votes. (Well, they are not really selling their votes, they are just voting the way the were going to right after getting a large check from some special interest, wink, wink).

What is the result - a Congress that it completely reactionary and which has a complete lack of foresight.  The latest bail out bill allowed companies to pay bonuses. AIG did so - arguably they had contracts they had to honor. When the public got ticked, Congress, lead in part by Barney Frank, rushed to penalize those who received the bonuses by passing a law to tax them at 90 percent.  Sounds good - Right?  Maybe if you do not take any time to look at the unintended consequences. Once Congress gave these entities billions of dollars of taxpayer money, it became important that they survive. Their survival, however, is going to take really bright people - i.e. different people than have been running these firms for the last decade.  But why would anyone smart enough to fix AIG sign on for the job if the government is going to tax any bonuses you earn at 90%.

Congress has a long history of doing the politically expedient for short term (election) benefit at the expense of the American people. For example, the same Barney Frank who wants to tax the AIG bonuses at 90 percent fought government regulators who were warning that the policies of Fannie Mae and Freddie Mac were a train wreck waiting to happen.

Ironically, during that same period, a couple of Barney Frank's cohorts were making out like bandits. Franklin Raines and Jamie Gorelick managed to make a combined $165 million (interesting irony that it is the same amount as the AIG bonuses) at Fannie Mae. During that time there were "accounting irregularities" at Fannie Mae and the firm was required to pay $400 million in civil fines. Interestingly, Mr. Frank never proposed the idea of taxing Mr. Raines' or Ms. Gorelick's windfall profits. To the contrary, Rep. Frank and several of his allies actively fought attempts to regulate Fannie Mae and Freddie Mac.

Apparently, the executives at AIG do not have enough friends in Congress. (Ms. Gorelick is the same individual who heightened the wall barring the CIA and other intelligence agencies from sharing information with law enforcement while in the Department of Justice in the 1990s - and then was appointed to the 9/11 commission to oversee (at least in part) work she had done). Isn't it interesting that no-one in Congress seems to understand a conflict of interest. Next time at work when there is a problem that you might have had something to do with, make sure you get on the committee that reviews the problem so you can make sure that anything you did is excluded as part of the problem

Do your remember when Hank Paulson told us that there were only a few days for Congress to pass a $700 Billion bailout to keep the credit markets alive in light of the credit crisis brought on by collaterialized debt obligations (CMOs) - ie. bundled mortgages and derivative thereof. Congress did so. Of course, most people are unaware that Paulson's job prior to Treasury Secretary was making big money as the Chairman of Goldman Sachs - one of the top sellers of CMOs. So what did Hank do with all that money (the bailout money rather than his windfall from the sale of paper that brought on the credit crisis) - not what he originally represented. And did he solve the credit crisis - No!

So we, the American people, wanted change.   We got it. A recent analysis by the Congressional Budget Office predicts that Pres. Obama's budget will produce a deficit of $9.3 Trillion over the next decade. Yes, who would have thought that anyone could outspend the man from Crawford, Texas, but things have changed.   By the end of Pres. Obama's administration (if he can win the next election), the deficit will be nearly $20 Trillion. In other words, the average American will owe $66,000 for the government debt, on top of what ever house, education and commercial debt they have. The statistical average family (Mom, Dad and 2.4 children) will owe $300,000.

So where does the money come from. China has already indicated that they do not have the money to keep funding our deficits. The only way out is to keep the government printing presses running day and night. Of course, this will ultimately lead to high inflation rates. (Unless we change course quickly, this will be the only way that the government can ever hope to pay off the national debt). Of course, anyone living on a fixed income will be devastated as the value of their savings plummets. It has happened over and over again in other countries. In Zimbabwe they now have a $100 Billion bank note. It is worth roughly $1 in U.S. currency.  In 1980, the currencies were of equal value. (On the bright side, everyone in Zimbabwe is a multi-billionaire - if we could be so lucky).

High inflation rewards those who are deeply in debt and penalizes those who have savings or lived on a fixed income. Unfortunately, it now seems like it is the goal of government to protect those who have acted foolishly - i.e. AIG, GM, Chrysler and individuals who bought homes they clearly could not afford - and penalize those who have acted responsibly by passing on the debt to those who have actually saved and invested.

That is why I am in favor of term limits.   It is the only way to get our politicians to go home. We can't vote them out. They will just promise benefits to enough people to win the vote. Look how easy it was for Pres. Obama to promise that he would reduce taxes on the majority of Americans by raising taxes on the wealthy. Of course, most of the population overlooked the fact that approximately 1/3 of Americans do not pay any federal income taxes at all, and many of those actually get money back from the government through the Earned Income Credit. (So how exactly do you reduce taxes on people who do not pay any to begin with?).

The only way to get our country back is to get them out and ensure turn over.  The only reason a lobbyist has any power, it that he or she can promise to bring in the donations for the next election cycle. If politicians knew that this stay in office would be their last (at least temporarily) they would be more likely to actually address the issues the country is facing. In other words, why not make the tough decisions if you do not have to worry about whether you can get re-elected.

Sorry for the rant, but as the abuses in Washington are getting no better and some get worse, I am increasingly concerned by the lack of outrage in the American people.  It is if Americans are saying "It is o.k. to bankrupt our country and take away our freedom - just promise to take care of us and protect us from the disasters you have created." If we put up with it, we deserve what we get. If you want to see where we are headed, Venezuela or 1930s Germany or Italy provide a pretty good road map. As soon as the people abdicate power to the government to solve some problem, the odds that they will ever get the power back go down.

I really hope that Americans find the nerve to realize that unemployment is a good thing when it comes to politicians.

The New Patent Rules Are Back - Hang On To Your Wallet

2009-03-22T01:12:00Z

About 18 months ago, the U.S. Patent and Trademark Office announced new rules that would dramatically change the way patents are prosecuted.

Final Rule 78 would limit the number of continuation applications that could be filed to two unless the patent applicant can show justification for an additional continuation application.

Final Rule 114 would limit the number of Requests for Continued Examination to 1 per family.

Final Rule 75 limits the number of independent claims to 5 or the total number of claims to 25.

Final Rule 265 allows an Applicant to exceed the 5/25 rule if he or she submits an Examination Support Document (ESD). Filing an ESD requires the applicant to "conduct a broad search of patents, patent applications, and literature, and provide, among other things, a ‘detailed explanation’ of ‘how each of the independent claims is patentable over the cited references.’"

Patent attorneys were overwhelmingly opposed to the new rules. Fortunately, Judge James C. Cacheris of the United States District Court for the Eastern District of Virginia found the rules exceeded the authority of the U.S. Patent and Trademark Office and enjoined application of the rules the day before they were to take effect in November of 2007.

Unfortunately, the Court of Appeals for the Federal Circuit, in a 2-1 decision, has upheld three of the rules. While the Court unanimously held that the U.S.P.T.O. exceeded its authority in limiting the number of continuation applications that could be filed, two of the three judges upheld the limitations on Requests for Continued Examination and the limitation of 5 independent claims and 25 claims total.

The new rules will substantially increase the costs of many patent applications - both in time and money. Under the old rules, if a patentee received relevant prior art after paying an Issue Fee, the applicant could file an RCE to get prompt consideration of the claims in light of the new prior art.   Where this will become very problematic is where a piece of prior art is relevant to several applicants in the same family. An applicant will get only one RCE, which now require use of continuation applications which can substantially delay the issuance of a patent.

Under the new 5/25 rule, if an application has 5 or more independent claims or 25 claims total, an examination support document may be required. The odd thing is that early comments on the rules suggested that this would apply at any point during a case. Thus, if an examiner rejected two independent claims, but indicated three dependent claims to be allowable on each, converting the allowable dependent claims into independent claims would trigger the requirement for an EDS. This an odd result, as they Examiner has had to do no additional work.

If you have an application pending, you should promptly contact your patent attorney and discuss how the Federal Circuit's opinion will affect your application. In the meantime, you might want to hope, pray, etc., that the Federal Circuit will reconsider the decision with an en banc hearing.

Converting Web Traffic Into Clients - Benoy Tamang of Sapha

2009-03-20T03:22:00Z

Today for the Cyberlaw Section Luncheon, Benoy Tamang of Sapha spoke to us about converting web traffic into clients. It was a tough crowd, as few people are as clueless about marketing as attorneys.

A few questions from Benoy that may be of help:

1) Clarity in knowing who you are. You need to know:
        Who is the target client?
        What is they problem your service will solve?
        How will you solve their problem?
        Explain your company's services in 100 words or less.
        What sets your product apart from the competition?

        (Are you being the client's guide).
2) Copy
    What are you saying?
        Pictures of People (multiple)
        Data entry fields
        Adding Video
        Dynamic Changing Text

3) List
     Who are you targeting?
     Control where your ads are going.
    Get to the top of your organic listing by using a good SEO firm

4) Offer
    Have something that says "act now"
        What is the "primal" value proposition - greed, vanity, or sex?
        What is the offer structure? - installments, downloads/freebies, waive consultation fee?
        Bold promise?  Put a stat or metric - a tangible number

5) Metrics
    How are you tracking your results?
    What is working for you and what is not?

It is pretty clear that Benoy knows his stuff. Hopefully his message got through. Benoy is one of those people who is going to keep Utah on the cutting edge.

A Trillion Dollars Ain't What It Used to Be

2009-03-13T17:43:00Z

It seems that a Trillion is the new Billion. Check out this visualization from mint.com

Trade Secrets Walk Out The Door

2009-03-13T14:30:00Z

Some companies think of trade secrets as only highly valuable scientific formulas or secret ingredients. In reality, trade secrets or confidential information covers any information which is not generally known to the public.

A recent survey suggests, however, that the door is wide open and companies are not taking appropriate steps to protect this valuable information. A survey by the Ponemon Institute provides some disturbing results. Ponemon questioned nearly 1000 people who had been laid off, fired or otherwise lost their jobs in the last 12 months. According to the survey:

65 percent walked out with email lists;
45 percent walked out with non-financial business information;
39 percent walked out with customer information, including contact lists;
35 percent took employee records; and
16 percent took financial records.

The biggest concern for the employer is what happens if the former employee joins a competing company or starts a business in competition. So what are you doing to protect your confidential information?

Updated Patent and Trademark Information at thecompetitiveinsight.com

2009-03-13T00:48:00Z

Today I was talking to a friend about patents and I mentioned one of my blogs - thecompetitiveinsight.com - that provides current information about patents granted and trademarks registered to Utah companies. It also has published patent and trademark applications.

My friend told me that he was aware of another site that does the same thing called ipthoughts.com. Yes, it is true, that information used to be here on ipthoughts. However, about 18 months ago we spun it off because it was taking over my blog. (Four dedicated posts a week leaves little room for my ranting about various other matters.

So if you are wondering why you don't find anything since 2007 on ipthoughts, try the competitive insight instead.