USPTO & Copyright Office Seek Public Comments

The Copyright Office and the U.S. Patent and Trademark Office are seeking comments on the topic of facillitating access to copyrighted works for “blind or persons with other disabilities.”  These comments are thought to be in connection with a forthcoming meeting of the standing Standing Committee on Copyright and Related rights of the WIPO.

Those that are interested are urged to submit a comment on the topics outlined in the supplementary information section of the Federal Register notice.  Comments are due April 21, 2009, with reply comments due May 4, 2009.

In addition, there will be a public meeting on May 18, 2009, at the Library of Congress in Washington, D.C.  The process for submitting requests to attend, or to participate in the meeting, will be published on www.copyright.gov no later than April 8.

Patent Hints at Biometrics, Jailbroken iPhones

In a recent patent filed with the U.S. Patent and Trademark Office, Apple addressed several new methods that could help improve security on the iPhone.  As reported by Endgadget, the filing cites new biometric authentication to unlock an iPhone, rather than normal methods.

Some of these new biometric methods that could entail and iPhone containing a hidden sensor behind the screen that would recognize the user’s fingerprint.  Also, a front-facing camera could be used for retinal recognition.  Finally, the filling also puts forth the possibility of iPhones recognizing their user’s voice, as well as collecting DNA samples for recognizing a genetic code.

However, this particular patent came under fire when it was discovered that one of the drawings of the iPhone included some interesting applications.  In fact, the applications that were included are only available by “jailbreaking” an iPhone, or loading applications that are not approved by Apple.

While some think that this jailbroken iPhone was included on purpose, that may not be so.  The application does not reference jailbroken iPhones, and Apple maintains that the act of jailbreaking an iPhone is illegal.  It’s safe to say that Apple’s lawyers will have some explaining to do.

‘Pick Up Artist’ Granted Patent

Sometimes the USPTO publishes applications that make you sit back and say, “Really?”

One strong example is a patent I stumbled upon earlier today that is titled “Interpersonal Pursuit Method.”  Although it was published on February 14, 2008, the author is Erik von Markovik, better known as ”The Pick Up Artist.”  The abstract of the patent describes his method of “instructing males regarding three main steps of establishing attraction, building comfort, and seduction.”  Furthermore, von Markovik states that these steps should be executed in sequence, and the male should allot “between four and ten hours, within about seven hours being considered optimal…from the beginning of the process until its conclusion.”

The patent was originally filed in August 2006, and von Markovik has since gained tremendous fame.  In addition to writing a book about his “pick up” tactics, he has been given his own reality TV show on VH1 called “The Pick Up Artist,” where von Markovik goes by the name “Mystery.”

The patent describes von Markovik’s theory in great detail, by first identifying the differences in attraction between men and women.  He then outlines steps for men to build comfort and attraction with a woman by using a combination of negative complements, compliance testing, and statements of interest.

It is unknown why von Markovik decided to patent his technique.  Perhaps now he can sue someone when they use his method to attract women?  Yet one thing is for sure, if the USPTO grants these types of patents, it will give the USPTO a negative public opinion.

Sci Fi Channel Changing to Syfy

The Sci Fi Channel has recently announced that it is planning to change its name to “Syfy.”  As reported on Lawdit Reading Room, the change is part of the channel’s rebranding effort, and an attempt to end confusion on how to capitalize and style the name.  Network officials have stated that “Sci Fi” is a genre, and changing to “Syfy” will make their name more marketable and secure trademark registration and protection.

Will the name change really be that significant?  The name “Sci-Fi” name is so well known, it’ll take some time before the name change reaches everyone.  Thus, the change may initially hinder the success of the channel, rather than helping it.  Furthermore, securing a registered trademark for the change in spelling may not be as straightforward as it seems.

According to the USPTO, a misspelling of a word will not turn a descriptive or generic word into a non-descriptive mark.  One example is how the trade mark C-THRU is the equivalent of “see-through.”  Its possible that an examining attorney will hold Syfy to be the equivalent of Sci-Fi, and therefore merely descriptive of the science fiction television channel.  While there are ways around this rule, the channel will still have to actually use the mark in commerce before the USPTO will register the mark.

The official name change to “Syfy” will take place on July, 7, 2009.

Flurry of New Apple Patents

Those at Apple had plenty to celebrate yesterday.  Besides it being St. Patrick’s Day, the company was also granted five new patents by the U.S. Patent and Trademark Office.

According to iPodNN, one of the new patents is for an iPod dock to fit in a car’s cup holder.  This patent would create a solid mount in a car for the iPod, while also having the ability to charge the device.  The patent was filed in 2005, and there seems to be many different iPod chargers that resemble this filing, making it unlikely that this patent will end up on the market.

The company also patented two industrial designs already in use, one for the outdated iPod shuffle as well as a USB connector cable to iPods and iPhones.  Lastly, Apple was also granted a patent that describes special circuitry in a power supply.  This device would  be used to control the deliver of power to other devices, and trigger a shutdown in case of any serious errors.

USPTO Budget Problems Confirmed by Doll

Due to the current economic recession, many have speculated that the U.S. Patent and Trademark Office will face significant budget problems for the remainder of this year. Yesterday, the acting director of the USPTO, John Doll, confirmed that the Office is currently facing budget problems as they are currently projecting a 2% drop in applications, reported Reuters.

Doll stated that the projected 2% drop stems from the early trends of 2009.  But some have told the USPTO that the decrease in applications could actually reach 10% for the year, as well as a similar drop in fees for other services that the USPTO provides.

The budget problems are particularly troubling for the USPTO, since the government agency has had to announce a hiring freeze and stop recruiting examiners.  These budgest problems complicate the USPTO’s current effort to clear a tremendous backlog of patent applications.

“We’ve stopped hiring at this time.  If we closed our doors today, it would take us almost two years to clear out our backlog,” said Doll.

USPTO Opens National Inventors Hall of Fame

The United States Patent and Trademark Office has announced the opening of the National Inventors Hall of Fame.  The Hall of Fame, now located Alexandria, Va., honors individuals that are responsible for great technological advances that make human, social, and economic progress possible.

The Hall of Fame was founded in 1973, with Thomas Edison being the first inductee.  Inductees are selected each year, and there are currently 390 inventors that have been inducted in to the Hall.  The Hall originally resided at the USPTO, but moved to Akron, Ohio in 1995.  That building closed last year for the construction of the National Inventors Hall of Fame School, bringing the Hall of Fame back to the USPTO.

Acting Under Secretary of Commerce for Intellectual Property and Director of the USPTO John Doll said:

We are delighted that the National Inventors Hall of Fame has returned to its roots at the United States Patent and Trademark Office.  The journey to induction begins here with a patent, so it is only appropriate that those innovators who have truly transformed our lives should be honored at our headquarters.

The opening of the Hall of Fame is coinciding with the opening of a new exhibit named “Inventive Links.”  This exhibit illustrates the unexpected way in which modern technology and a variety of inventors are interlinked.

Hynix to Pay Rambus $397 Million

The decade-long dispute between Rambus and Hynix may soon be coming to an end.

According to Digital Trends, Hynix has agreed to abide by a district court’s decision that Hynix pay Rambus a total of $397 million. Of that total amount, $134 million will cover patent infringement prior to December 31, 2005, and $215 million will cover infringement from January 1, 2006, through the end of January 2009.  Rambus was awarded an additional $48 million in interest.

It should be noted that while Hynix has agreed to pay the final judgment, it is still appealing that Rambus’ patents aren’t valid.  The court decided that even though Rambus destroyed evidence while preparing to sue Hynix and other DRAM companies, Rambus was still permitted to continue its suit against Hynix.  Hynix is contending that this ruling contradicts judgements in other courts in the United States, as Rambus’ other lawsuits were dismissed.  Also, the USPTO recently issued rulings that found Rambus’ patent invalid.

If this most recent ruling is not overturned, Hynix will also have to pay Rambus royalties on net sales of particular memory products though April 2010.  The royalty percentages are 1% for SDR SDRAM products and 4.25 percent for DDR SDRAM products, with the latter rate applying to DDR, DDR2, DDR3, GDDR, GDDR2, GDDR3 SDRAM, and DDR SGRAM products.

USPTO Rejects Funai Claims

The United States Patent and Trademark Office has issued a second rejection of all claims in one of Funai Electric Co.’s patents.  This decision comes on the heels of a Vizio request, where the company asked the FCC to require that Funai comply with patent licensing conditions imposed by the FCC.  Vizio claimed that Funai is practicing unreasonable and discriminatory policies by charging excessive DTV patent licensing fees.

Vizio had also told the FCC that if it does not act, Funai will continue threatening to exclude Vizio televisions from the market before the completion of the U.S. transition to digital television.  Yet, this recent USPTO decision leads some to believe that the Funai patent may eventually become invalidated.  As Vizio stated in their press release:

We are pleased that after reexamination of Funai’s claims, the USPTO has issued a second rejection of Funai’s ’074 patent just as they had done earlier with their 5,329,369 patent. These decisions reaffirm our policy to respect the rights of intellectual property holders, thoroughly investigate all claims, and vigorously defend our legal rights when we feel a claim is invalid or not infringed. Unfortunately, we are not immune to lawsuits and we will vigorously defend ourselves in actions such as these as we see appropriate.

USPTO Extends Window for Public Comments

The United States Patent and Trademark Office has decided to extend the period for public comment on deferred examination.  The public now has until May 29, 2009, which should give those who wish to comment plenty of time.  The USPTO had planned on closing the public discussion on February 26, but announced it was extending the deadline in the Federal Register.

The USPTO has already held a roundtable discussion on the topic of deferred examination, which would put off examining applications to reduce their workload.  If you would like to comment on the matter, you can submit your own comments and opinions to AC6comments@uspto.gov.

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