Early U.S. Patents Recovered

The USPTO has recently added to its patent database approximately 500 patents issued from 1790-1836 that were lost for 175 years. These documents were among the approximately 10,000 patents destroyed when the Patent Office, which was located in Blodgett’s Hotel in downtown DC, burned down on the night of December 15, 1836. Shortly after the fire, Congress appropriated money to restore the Patent Office files and copies of about 2,500 patents were eventually obtained from inventors.

Apparently, USPTO staff retrieved these 500 patents from circa 1970s microfilm located in the Public Search Facility, but the location of the original documents is unknown. Lost patents do turn up from time to time. In 2004, two patent attorneys discovered 14 missing patents in the library at Dartmouth College.

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New Series Codes for Utility/Plant and Provisional Applications

According to the USPTO website, there are new series codes for utility/plant and provisional application serial numbers. The new codes are “12” for utility/plant applications and “61” for provisional applications. The first applications of 2008 were 12/5,841 and 61/9,389, so the new series must have been implemented in December 2007.

In a related development, the USPTO has implemented a new electronic filing system for reexamination proceedings. Reexamination request filed electronically are assigned control numbers starting at 10,000 for inter partes and 1,000 for ex parte requests. Paper filings will continue to receive numbers in the normal sequence. The series codes for ex parte and inter partes reexaminations are 90 and 95, respectively.

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Father of Modern Denistry – G. V. Black

Whenever I go to the dentist, I’m amazed at the number of specialty instruments and gadgets used to clean and repair teeth. Many of these are patented. According to the USPTO website, 19,194 patents issued since 1790 are classified in Class 433, Dentistry, in addition to 3,742 published applications. (This doesn’t include tooth brushes, which are classified in Class 15.)

Related to this is an interesting story in the New York Times about Greene Vardiman Black, the father of modern dentistry. According to the story, in the late 19th century Black pretty much single-handedly transformed dentistry into a modern profession. In the process, he invented dozens of new dental instruments and materials. The story also claims he had little interest in patenting his inventions, which the patent record appears to confirm. A quick search in Google Patents reveals only two patents issued to Black on August 8, 1871, an improvement in dental drills (US117733) and an improvement in universal joints (US117732). He also received a reissue patent for his dental drill (USRE7452) on Jan. 2, 1877.

Posted in dentistry, inventors | 2 Comments

May the IP Force Be With You


According to press reports, George Lucas and his company Lucasfilm are suing Andrew Ainsworth, a London-based prop designer, for copyright infringement for selling replica Star Wars stormtrooper armor. Ainsworth, who produced costumes for the first Star Wars movie in 1976, is disputing the copyright. Lucas claims that he and Ralph McQuarrie, a designer who worked on all three films in the first trilogy, completed the stormtrooper design before turning it over to Ainsworth for production.

In the early 1980s, Lucas, McQuarrie and Joe Johnston patented several designs for toy action figures based on characters in the Empire Strikes Back and Return of the Jedi, the second and third Star Wars film. These include:

D264,109 – Bobba Fett
D265,332 – Snowtrooper
D265,754 – Yoda
D268,942 – Imperial probe droid
D277,215 – Ewok

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Advice for High-Tech Independent Inventors

As a patent librarian, it’s easy to become too comfortable with the stereotype of the independent inventor as someone who tinkers with simple inventions, such as toys and garden tools. After all, many people who seek our help are students and first-time inventors with little technical training, not neurosurgeons and electrical engineers. But maybe we should be more aggressive in marketing our services to the latter.

A recent article (see below) by Bruce Reiner offers a different perspective from the point of view of an independent inventor working in the high-tech field of medical imaging and informatics. Reiner offers some interesting statistics on the number of working independent inventors and observations on the weaknesses of industry-sponsored R&D. He also argues that the strategy of “outsourcing innovation” will create new opportunities for technically savvy independent inventors. Reiner offers good practical advice to high-tech independent inventors, but he discourages them from doing their own preliminary prior art searches, although he does list “conducting a review of the current technology” as the second step in the innovation process. This is a curious bit of advice given that their technical training and experience would be a big advantage in using free online patent databases. Unfortunately, Reiner fails to identify librarians and libraries in his list of resources for the independent inventor.

Reiner, B. I. Intellectual property in medical imaging and informatics
Journal of Digital Imaging, vol. 21, no. 1 (March), 2008: pp. 3-8. (Available on SpringerLink.)

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Esp@cenet Improvements in 2008

The latest edition (1/2008) of Patent Information News, the European Patent Office’s quarterly newsletter on patent information, documentation and searching, is now available.

Page 10 includes a list of esp@cenet improvements planned for 2008. They are:

1. Increase in the number of documents that can be stored in the “My Patents” list.
2. Relaxation in the page limit for PDF documents downloaded from esp@cenet.
3. Full-text searches for patent documents in English, French, and German.
4. Single search field accepting multiple search criteria.
5. Highlighting of search terms.
6. Exportable hit lists.
7. Date range searches.

All of these will be appreciated by patent searchers, but especially the ability to create sophisticated searches in a single search field, export lists and conduct date range searches. The current limit on the size of a document (about 50 pages) that can be downloaded is annoying at times, but since most patents have fewer than 50 pages it doesn’t come up often. (At least not in my experience.) For US and WO patents, searchers can use alternate sites such as Patent Lens, pat2pdf and PatentScope to download lengthy patents.

Posted in EPO, espacenet, Patent Information News | 1 Comment

Edison Wasn’t the First

On the original Star Trek series, one of the running jokes was ensign Chekov’s tendency to claim that this or that technology was “invented in Russia”. Well, he may not have been right but the popular notion that the most celebrated inventions of the 19th century were the products of lone (American) inventors is definitely wrong.

The legend of Thomas Edison shines a little dimmer, thanks to researchers at Lawrence Berkeley National Laboratory who have played a 10-second recording of a woman singing made in 1860–17 years before Edison received a patent for the phonograph. The recording was made by Édouard-Léon Scott de Martinville, a Parisian typesetter and inventor, on a device known as a phonautogram, which captured sounds and recorded them on paper.

The second article discusses why some inventors become legends and others fade into obscurity. As it turns out, many of the inventions, such as the telephone, radio and light bulb, that are attributed to single inventors were actually developed independently by several individuals.

1. Researchers play tune recorded before Edison, March 27, 2008
2. Edison… Wasn’t he the guy who invented everything?, March 30, 2008

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Guitar Hero Hits Sour Note

Last week Nashville-based Gibson Guitar filed a patent infringement lawsuit against MTV Networks, Harmonix and Electronic Arts, makers of the popular Guitar Hero video games. Gibson claims that Guitar Hero violates a 1999 patent for a similar technology. The patent in question appears to be No. 5,990,405, System and Method for Generating and Controlling a Simulated Musical Concert Experience, issued on November 23, 1999. The inventors listed on the patent are Don R. Auten of Nashville, Richard T. Akers of Antioch, Tenn. and Richard Gembar of Mt. Juliet, Tenn. According to press reports, sales of Guitar Hero have earned more than $1 billion since its release in 2005. Since 1976 Gibson Guitar has received about 90 patents, roughtly 40 percent design and 60 percent utility.

Gibson was founded in Kalamazoo, Michigan in 1902 by Orville H. Gibson. It was originalyl called the Gibson Mandolin Guitar Mfg. Co. Gibson was issued at least one patent for a mandolin, No. 598,245, in 1898. He was hospitalized several times for mental illness and died in a psychaitric hospital in upstate New York in 1918.

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WHAM-O’s 60th Anniversary Kid Inventor Contest

The new issue of WIPO Magazine has several interesting articles, including one on the 60th anniversary of the WHAM-O toy company. Wham-O is best known for introducing the hula hoop to America in 1958, followed by Frisbee flying discs, Slip ‘n’ Slide and Superball. In celebration of its 60th birthday, WHAM-O is sponsoring a kid inventor contest. The winning inventor will receive $2000 and WHAM-O may choose to produce their toy. The deadline is March 31, 2008.

Some of WHAM-O’s recent patents include a shark-shaped water slide (D562,929); children’s waterboard with squirting device (7,264,522) ; and a children’s playground slide (D540,413).

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Patenting the Atomic Bomb

Many thanks to Danianne Mizzy of the University of Pennsylvania for sharing this NPR story on the role of patents in the development of the atomic bomb in the 1940s.

Many of the scientists (and their universities) involved in the Manahattan Project, including Edward Teller, Enrico Fermi, Leo Szilard, Ernest O. Lawrence and John Von Neumann, were keen to obtain patents for their work because they believed that atomic energy would become a lucrative commericial opportunity. Some scientists predicted that atomic energy would be used for hundreds of applications ranging from generating electricity and powering ships and airplanes, to massive demolition charges for mining and construction.

The U.S. government, concerned that atomic technology would fall into the wrong hands, quickly took steps to block these aspirations. In 1946 Congress enacted legislation prohibiting the patenting of atomic weapons. Shortly thereafter it passed invention secrecy laws that required the Patent Office to issue secrecy orders on all applications for sensitive technology, atomic or otherwise, that could impact national security. These applications are kept secret until the government decides that the information they contain no longer poses a danger.

One of the patents (#6,761,862) profiled in the NPR story was issued sixty years after it was filed. Two of the longest pending applications were issued in 2000 (patent #s 6,097,812 and 6,130,946) to William Friedman. Friedman was a cryptographer who worked for the Army and National Security Administration from the 1920s to the 1950s. In the early 1930s he filed patent applications for electro-mechanical cipher machines for encoding and decoding secret messages.

According to the Federation of American Scientists, there are currently 5,002 secrecy orders in effect. In FY 2007 the USPTO imposed 128 new orders and rescinded 68. According to the USPTO, more than 3,000 of these secret cases have been approved for allowance.

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