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Mark Nowotarski
Darien, CT
Patent agent. Crowdfunding consultant. IP strategy consultant. Innovation Consultant. Public Speaker.
Interests: patents, crowd funding, innovation
Recent Activity
"Where did you come up with that?"
Inspired by Dennis's research I did a search on patent applications filed with 200 or more claims to see who was exploring the frontier of massively parallel claiming.
That particular application is actually one of a suite of 17 that were all filed by the same applicant (Shell Oil) on the same day (10/24/02) in the same field (in situ thermal processing of oil shales).
Taken together, they have nearly 150,000 claims.
Is that a record for most claims in a "single" patent application?
Commented Jul 2, 2009 on Dropping Claim Counts at Patent Law Blog (Patently-O)
Dropping Claim Counts
Earlier, I published the results of a study of rising claim counts in issued patents over time. My data for that study ended in 2005. I have now updated the dataset for patents issued from 2006 to mid 2009. The results – based on the average of all utility patents issued during those years – are...
(try again with functioning link)
OT
Good article in my local paper today about Marshall Phelps’ new book “"Burning the Ships: Intellectual Property and the Transformation of Microsoft" http://bit.ly/10uOiQ
Commented Jun 27, 2009 on Effect of a Stipulated Dismissal at Patent Law Blog (Patently-O)
Effect of a Stipulated Dismissal
Garber v. Chicago Mercantile Exchange (CME) and the Chicago Board of Trade (CBOT) (Fed. Cir. 2009) Garber first brought his patent infringment suit against the CME and CBOT in 2004. However, he had some trouble finding adequate representation and offered to dismiss without prejudice. The parties...
OT
Good article in my local paper today about Marshall Phelps’s new book “"Burning the Ships: Intellectual Property and the Transformation of Microsoft" http:// bit.ly/10uOiQ
Commented Jun 27, 2009 on Effect of a Stipulated Dismissal at Patent Law Blog (Patently-O)
Effect of a Stipulated Dismissal
Garber v. Chicago Mercantile Exchange (CME) and the Chicago Board of Trade (CBOT) (Fed. Cir. 2009) Garber first brought his patent infringment suit against the CME and CBOT in 2004. However, he had some trouble finding adequate representation and offered to dismiss without prejudice. The parties...
"Actually it represents no such thing."
Is my interpretation offensive? I thought it was self evident that a case is appealed when the examiner and applicant cannot reach agreement on what is allowable under the law. If the appeal rate goes down, then overall, the view of applicants and examiners on what the law says is converging. If the appeal rate goes up, then the view of applicants and examiners on what the law says is diverging.
The issue isn't who is right or who is wrong. The issue is what fundamental forces are causing this divergence. Why do we both read the same case law, rules, and manual (MPEP) and still come up with such differing views on what is allowable?
Commented Jun 27, 2009 on Timeline of the BPAI Backlog at Patent Law Blog (Patently-O)
Timeline of the BPAI Backlog
I used data reported by the Board of Patent Appeals and Interferences (BPAI) to compile the chart above. The chart reports the number of pending appeals each month from October 1997 – May 2009.
OT Michael Jackson - patented inventor http://bit.ly/AdUza If it's on Wikipedia it must be true.
Commented Jun 27, 2009 on Effect of a Stipulated Dismissal at Patent Law Blog (Patently-O)
Effect of a Stipulated Dismissal
Garber v. Chicago Mercantile Exchange (CME) and the Chicago Board of Trade (CBOT) (Fed. Cir. 2009) Garber first brought his patent infringment suit against the CME and CBOT in 2004. However, he had some trouble finding adequate representation and offered to dismiss without prejudice. The parties...
This graph represents the degree of disagreement between the patent examiner corps and the patent bar as to what the standards of patentability are. For some reason since the 2004 - 2005 time frame, that level of disagreement has been growing exponentially.
Commented Jun 25, 2009 on Timeline of the BPAI Backlog at Patent Law Blog (Patently-O)
Timeline of the BPAI Backlog
I used data reported by the Board of Patent Appeals and Interferences (BPAI) to compile the chart above. The chart reports the number of pending appeals each month from October 1997 – May 2009.
Also in today's Wall St. Journal:
"There is nothing wrong with business-method patents. Inventions can be realized in steel or in the mind" http://bit.ly/JICXW Greg Blonder of AT&T
Commented Jun 25, 2009 on Bits and Bytes No 120: In the News at Patent Law Blog (Patently-O)
Bits and Bytes No 120: In the News
PTO Funding Emergency: Andrew Noyes reports on an emergency funding bill for the PTO that would allow the agency to use surplus funds from its trademark budget to fund the growing shortfall on the patent side. Link. The current trademark budget surplus is estimated at $60 million. [Diane Bartz’...
What are the "other" issues that get appealed 18% of the time in biotech?
Commented Jun 23, 2009 on Understanding the Role of the Board of Patent Appeals: Ex Parte Rejection Rates on Appeal at Patent Law Blog (Patently-O)
Understanding the Role of the Board of Patent Appeals: Ex Parte Rejection Rates on Appeal
By Dennis Crouch PDF Version of the Article Abstract: This study provides an issue-by-issue analysis of decisions on ex parte appeals by the Board of Patent Appeals and Interferences (BPAI) of the United States Patent and Trademark Office (USPTO). All the cases in this study were appeale...
"I do not believe Mr. Kappos is the right choice or even a good choice."
As long as there is a strong steady wind, a good sailor can get to where he/she needs to go. The direction of the wind is secondary.
Commented Jun 19, 2009 on David Kappos: Next USPTO Director at Patent Law Blog (Patently-O)
David Kappos: Next USPTO Director
Congratulations! The White House has announced its intent to nominate David J. Kappos as Director of the United States Patent and Trademark Office (USPTO) with the official title of Under Secretary of Commerce for Intellectual Property. Mr. Kappos has spent his entire career with IBM – both as a...
"I just hope that someone at the top applies some new ideas to the PTO IT infrastructure."
I would add that I hope their are opportunities to help the USPTO make those changes so that they focus on "promoting the useful arts".
Commented Jun 19, 2009 on David Kappos: Next USPTO Director at Patent Law Blog (Patently-O)
David Kappos: Next USPTO Director
Congratulations! The White House has announced its intent to nominate David J. Kappos as Director of the United States Patent and Trademark Office (USPTO) with the official title of Under Secretary of Commerce for Intellectual Property. Mr. Kappos has spent his entire career with IBM – both as a...
"Peer-to-Patent is just absolutely spot-on" David Kappos' (next USPTO Dir) view on social network review of patents http://bit.ly/1D6plf
Commented Jun 19, 2009 on David Kappos: Next USPTO Director at Patent Law Blog (Patently-O)
David Kappos: Next USPTO Director
Congratulations! The White House has announced its intent to nominate David J. Kappos as Director of the United States Patent and Trademark Office (USPTO) with the official title of Under Secretary of Commerce for Intellectual Property. Mr. Kappos has spent his entire career with IBM – both as a...
"IBM strongly supports the concept of limits on continuation applications." http://bit.ly/IVcrY
Commented Jun 19, 2009 on David Kappos: Next USPTO Director at Patent Law Blog (Patently-O)
David Kappos: Next USPTO Director
Congratulations! The White House has announced its intent to nominate David J. Kappos as Director of the United States Patent and Trademark Office (USPTO) with the official title of Under Secretary of Commerce for Intellectual Property. Mr. Kappos has spent his entire career with IBM – both as a...
Opening access to PAIR would be big help. Particularly if the documents were OCRd with permanent URLs.
Commented Jun 16, 2009 on Bits and Bytes No. 117: Data, Damages & Deferred Examination at Patent Law Blog (Patently-O)
Bits and Bytes No. 117: Data, Damages & Deferred Examination
Data.Gov: As part of the transparent government project, we now have the website Data.Gov with the purpose of "increas[ing]public access to high value, machine readable datasets generated by the Executive Branch of the Federal Government." So far, the PTO has only included two datasets -both of...
OT,
Hey Dennis. If you really want to impress us with statistics, try this. http://bit.ly/zZJRu
(Animated graphic of the evolution of world income and mortality statistics for the past 200 years.)
Commented Jun 12, 2009 on BPAI Backlog at Patent Law Blog (Patently-O)
BPAI Backlog
In January 2009, I reported on a dramatic rise of BPAI Appeals and the associated backlog. Since then, the backlog has almost doubled to over 10,000 pending appeals. This is the largest backlog on record and tends to explain why the Board is attempting to implement procedures to streamline the p...
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