Patent Reform Act of 2007 – Part 4
You are no doubt on the edge of your seat waiting to see what other changes are in store if the Patent Reform Act of 2007 is enacted. Well, wait no longer, this blog post brings to you not one, but two more proposed changes to the current Patent System: (1) Prior User Rights and (2) Best Mode Requirement Violations.
You might be asking yourself, “Self, what are prior user rights?” Well, prior user rights (also called the first inventor defense) stem from 35 U.S.C. § 273. Currently, 35 U.S.C. § 273 provides a limited defense for actions that would normally constitute infringement if the person “actually reduced the subject matter to practice at least 1 year before the effective filing date of such patent, and commercially used the subject matter before the effective filing date of such patent.” The defense is narrowly tailored so that “[a] person may not assert the defense under this section unless the invention for which the defense is asserted is for a method.” In other words, the defense is limited to business method patents.
After the State Street Bank decision, the USPTO experienced a huge surge of business method applications as well as a huge lack of adequate prior art to judge the novelty and obviousness of these applications. Consequently, litigation erupted and the prior user defense was enacted to remedy the effects of the enforcement of poor-quality business method patents.
The Patent Reform Act proposed to widen the scope of the prior user defense by eliminating the business method patent limitation so that users of all types of inventions would have been able to use the defense. But as amended and passed, the legislation does not include any such changes to the prior user defense. Instead, the legislation requires the USPTO to prepare a report for Congress detailing their findings and recommendations on the operation of prior user rights in several selected countries.
The Patent Reform Act, if enacted, would also affect violations of the best mode requirement. What is the best mode requirement, you might ask. Well, funny you ask, because I just so happen to have a brief explanation. Currently, under 35 U.S.C. § 112 a specification must, among other elements, “set forth the best mode contemplated by the inventor of carrying out his invention.” Under the current law, a defendant in an infringement action could assert invalidity as a defense if the patentee failed to set forth the best mode of carrying out his invention. 35 U.S.C. § 282(3).
But according to the Judiciary Committee Report there were several problems involved in litigating violations of the best mode requirement since it is so subjective. So the Patent Reform Act amended the defenses available to potential infringers by making failure to meet the best mode requirement unavailable as a defense to infringement. Now, the Patent Reform Act, if enacted, replaces Section 282(3) and states that invalidity of a patent or failure to comply with any requirement of Section 112 “other than the requirement that the specification shall set forth the best mode contemplated by the inventor of carrying out his invention” is an available defense.
Posted by Douglas Sorocco, September 20, 2007 at 4:11 pm
Permalink: Patent Reform Act of 2007 – Part 4
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Them’s fightin’ words
Check out this week’s WAR OF THE WORDS:
Businessweek reports that in Beijing, China, a pharmaceutical company was refused permission to use the name of a disgraced official as a trademark to sell rat poison.
Forbes reports that Jimi Hendrix’s sister, Janie Hendrix, is suing a Seattle company, which is backed by other relatives, for using the legendary guitarist’s image to sell vodka under the name Electric Hendrix.
The Hill reports that two well-known business trade associations, namely the U.S. Hispanic Chamber of Commerce and the U.S. Chamber of Commerce, are embroiled in a legal battle as to the right to use the words “United States” and “chamber of commerce.”
JSOnline reports a “food fight” between Palermo’s Pizza and Trader Joe’s. The complaint claims that Trader Joe’s Pizza Palermo frozen pizzas are trading unfairly on the Palermo’s Pizza frozen pizza brand. The fun twist to this story is that Palermo is not only the last name of the family that owns the company that makes Palermo’s Pizza, Palermo is also a city in Sicily, Italy, having a style of pepperoni pizza distinctive to the region.
Posted by Douglas Sorocco, March 9, 2007 at 3:30 pm
Permalink: Them’s fightin’ words
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Research Help: How many patent attorneys sit on corporate board of directors?
Help! 
I know the erudite readers of PHOSITA may have valuable information I need:
I am working on article regarding the makeup of corporate board of directors and I am trying to get a sense of how many patent attorneys are directors.
If you know of anyone or have a suspicion, please send it my way.
Thanks and hopefully this will be picked up around the IP corner of the blog-o-sphere… hint, hint, hint, hint, hint, hint…
Image via Flickr.
Posted by Douglas Sorocco, October 30, 2006 at 10:50 am
Permalink: Research Help: How many patent attorneys sit on corporate board of directors?
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Starbucks v. Starpreya: The Branded-Beverage Battle
First off, does anyone know how to say “Grande Soy Latte with Sugar-Free Hazelnut” in Korean?
On Wednesday, South Korea’s patent court ruled against Starbucks in a trademark infringement suit against Elpreya. Elpreya, a Seoul-based company, was established in 1999 and operates about 40 coffee shops mostly out of roving trucks (similar to ice-cream trucks). Elpreya sells its products under the brand name Starpreya.
Kim Woo Ki, chairman of Elpreya, stated that the brand name Starpreya was derived from the name Freja, a Norse goddess. He stated that Starpreya has nothing to do with Starbucks and that the letters of the name Freja were changed to make it easier for Koreans to pronounce.
Starbucks claimed that consumers confused the Starpreya-branded products with its corporate and brand name. The Korean Intellectual Property Tribunal disagreed and held that the marks were too dissimilar to be confused.
Starbucks Korea opened its first store in South Korea in 1999 and currently operates 177 stores. This is not Starbucks first bout with Elpreya. Last year the Starbucks filed suit against Elpreya arguing that their logo, a woman’s face within a green circle, was too similar to the symbol of Starbucks. The court rejected Starbucks’ claim that the marks were too alike, noting the mermaid versus goddess distinction.
What are your thoughts? Does the mark Starpreya infringe the mark Starbucks?
Posted by Douglas Sorocco, October 16, 2006 at 9:46 am
Permalink: Starbucks v. Starpreya: The Branded-Beverage Battle
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patent reform lecture – j. matthew buchanan
A couple of weeks ago, the IP Section of the Oklahoma Bar Association conducted its annual CLE seminar at Tanglewood Resort on Lake Texoma. My partner, Nick Rouse, was in charge of the weekend and did a phenomenal job.
The lecturers were top notch and although I am a bit biased, I would have to say that Matt Buchanan was one of the two best speakers over the course of the weekend. Matt blogs about patent reform issues and patent legislation over at Promote the Progress.
Matt spoke on the recent patent reform efforts underway in the United States and the impact any such reform may have on practitioners and patentees.
Considering the timeliness and importance of Matt’s talk, I recorded the lecture and DCR is presenting it here for your review and comment.
The video stream can be viewed below (or you can grab it at Google Video as a stream, as a download or as a video iPod download). The PowerPoint slides are available for download as a PDF file (2.2MB).
Posted by Douglas Sorocco, June 12, 2006 at 1:42 pm
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US patent applications to China up 30% in 2005
US inventors/applications appear to be cautiously extending the number of patent applications they are filing in China.
BEIJING, Feb. 15 (Xinhuanet) — The amount of U.S. patent applications to China reached 20,395 in 2005, a year-on-year increase of 30 percent, Li Yuguang, deputy director of State Intellectual Property Offices (SIPO) said.
Li said the United States ranks second in the amount of patent applications by foreign businesses to China in 2005, only next to Japan.
“This shows the U.S. business circles confide in China’s intellectual property rights (IPR) protection, especially in the establishment and implementation of the patent system,” Li stressed at the China-US Business Forum.
In July 2005, top Chinese and US trade officials reached a consensus on IPR protection. The two sides agreed to set up cooperation mechanisms on cross-border prosecutions for IPR violations and on the protection of movie copyrights.
“China and the United States realized the influence of intellectual property rights to bilateral economic progress after China’s entry to the World Trade Organization,” he said, adding the two countries need to know the disparity of the intellectual property system and the difference of historical development as well as cultural difference of the two sides.
The first U.S. patent system was established as early as 1641 but China’s intellectual property system only has a history of over 20 years with China’s Patent Law set in 1984, he said, addingChina will learn more from the U.S. in this regard.
In 2005, total patent applications for inventions stood at 173,327 in China and 406,302 in the United States, official statistics show. Meanwhile, authorized patents are 53,305 in China and 165,485 in the United States.
“Among all the authorized patents in China last year, the domestic patents exceeded the foreign ones with 20,705 for domestic patents and 32,600 for the foreign ones,” Li said.
China prosecuted 2,991 intellectual property rights related crimes in 2005, which involved 2.06 billion yuan (251 million US dollars), according to the Ministry of Public Security on Nov. 15.
Li also said the SIPO director will visit the United States and discuss bilateral cooperation in IPR protection at the invitation its US counterpart on Feb. 22, 2006. Enditem
Posted by Douglas Sorocco, February 15, 2006 at 7:39 pm
Permalink: US patent applications to China up 30% in 2005
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India stumbles into IP insurance
Looks like things are beginning to heat up in the intellectual property insurance marketplace in India.
India Inc does not seem to be very familiar with patent insurance, which provides protection against infringement of patents and associated costs. That is because none of the insurance companies in India sell such a product. In fact, according to C S Rao, chairman of Insurance Regulatory and Development Authority of India (Irda), no insurance company in the country has even applied for such a product till today.
Patent insurance can be of two types – patent infringement defence insurance and patent enforcement insurance. M Qaiser, chief IPR strategist and chief executive officer of iPrex Intellectual Property Solutions, says: “While the former helps the insured fight an infringement lawsuit filed by a competing company, the latter helps the insured fight against a patent infringing company.”
Posted by Douglas Sorocco, February 14, 2006 at 8:26 pm
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Carnival of the Capitalists #121
Welcome to the 121st edition of Carnival of the Capitalists!
We here are known as PHOSITA (pho – see – tah) : an arcane bit of patentese that refers to the mythical person of ordinary skill in the art. If an invention is obvious to PHOSITA, you are SOL and will not be able to obtain your desired patent on a new method of organizing lint utilizing a wiki and some sort of Web 2.0 tomfoolery.
Mainly, we are an intellectual property law firm located in Oklahoma City, Oklahoma (yes, you read that correctly) with offices in Washington DC and Northern Ohio. I would also direct your attention to our sister-site, Matt Buchanan’s Promote the Progress, which tracks intellectual property legislation and international patent systems. Finally, if you are really interested in intellectual property, you might want to wander on over to Rethink(IP) (which hosted the Carnival way back in September, 2005) where I group blog on intellectual property issues with Matt and Steve Nipper of The Invent Blog.
In combination with last weeks Patent Baristas, there is a whole lotta intellectual property goodness out there awaiting you.
When I think of a carnival, I mainly think of chaos – and that is exactly the mindframe of your humble host this week. As artfully stated by Patent Baristas last week:
We tried to include most posts but not everyone made the cut-off. No offense is meant here to anyone and we’ll be happy to refund your full price of admission.
As you might gleam from our most relevant post of the past week, we are anxiously awaiting the arrival of a new member of our family – an arrival that has been “on the edge” since early November. So while I had all the kinds of witty and insightful intentions for this edition of the COTC, it just ain’t happening.
SWMBO has me on a constant state of alert, so wade on in to the craziness below and find something you can sink your teeth into…
Most Relevant Post of the Week
From the Webgoonies website comes the The Ancient Art Of Diaper Origami :: “Changing your baby was never
meant to be something you can look forward to. It’s one of those things that just goes along with being a parent. I believe that whatever you can do to make changing time a little bit easier or more enjoyable, take full advantage of it. So with this thought, I have begun, diaper origami.”
While our new little dude isn’t quite here yet, the supersize boxes of Pampers are… I don’t suppose he will mind me working on my game a bit. Thanks to DaddyTypes blog for the pointer… he shoots, he scores!
Favorite Posts of the Week
In a post entitled, Superheated ‘Steem hits the Workplace Photon Courier tackles the new generation of folks entering the workforce. They have everything going for them – including, incredible self-esteem.
Kids who have been exposed to a decade or more of “self-esteem” training as practiced in the K-12 schools are now hitting the workplace. What will the impact be, and what should manager do?
VC Cliche of the Week : I have bought probably ten cars in my life and have never actually kicked the tires. But the visual of a guy walking around the car, checking it out, kicking the tires, is one that has contributed a classic cliche to the VC vernacular. Due diligence is a critical part of the venture process. No matter how well you know the market and the entrepreneur, there is nothing better than the due diligence process to help you make the go/no-go investment decision.
Favorite Inspirational Post of the Week
Selling the Surfing Lifestyle : I speak to a champion kite-surfer living in Negombo, Sri Lanka whose surf shop (and tourist customer base) was wiped away by the tsunami. Although I am in the supposedly third-world I surmise he is not only streetwise, but wise period. A passionate salesperson Chris Fernando teaches me his own philosophy to “long life.”
Favorite Business Posts
What Do You Do When Someone Just Won’t Buy? : No matter how great your offer, you’re going to encounter a good number of prospects that either won’t or can’t buy. Four out of ten hits at bat get you into the Hall of Fame, what do you do the other 6 times?
8 Ideas To Handle Requests Of Your Business When You Can’t Possibly Be There : There is little that frustrates a customer or prospect more than not being able to reach a business when they need to. It doesn’t matter if they’re calling to get an update on a shipment, lodge a complaint, give a compliment, request support, or request information in support of an eventual purchase – if they can’t reach someone in your company, easily, then you might as well not be in business.
Favorite Use of the Word “Moat”…
American Eagle Outfitters Moat Check : This article tries to determine whether American Eagle’s business can generate value by sustaining a long-term competitive advantage.
… and what good is a moat without a speedboat?
The Customer Speedboat Challenge : It’s common knowledge that understanding customers’ articulated and unarticulated needs is a critical piece of the innovation process. Gaining that wisdom, however, is much easier said than done. It’s easy to be overwhelmed as we hear and read volumes about ethnography, lead users, customer archetypes and other processes for gaining customer insight.
Favorite Posts that are “Over my head”
Privacy as a Property Right : The Constitutional right to privacy is clearly indicated by Amendments 9 and 10. Despite this clarity, some prominent people continue to believe that Americans have no fundamental right to privacy. By addressing information as a form of property, it can be shown that the right to privacy is not only a right unto itself, but also a private-property right, subject to all of the protections of other forms of private property.
It’s a (Globalized) Jungle Out There : At times during the last several years I have felt that the business world is being pounded by what seems like a succession of asteroids, in the form of competitive threats and new challenges. These asteroids, much like those that pummeled the earth in the distant past, leave behind a drastically changed landscape, making what seemed like a jungle before even more forbidding. Those companies that do not adapt to the major changes taking place will be left behind, their place taken by new companies born from the new competitive landscape. One such “asteroid” or disruptive force is globalization.
Favorite Post from Someone Everyone in my Profession Should Listen To
26% of Your Profitability Is In Your Hands : Bruce MacEwen asks and answers the following questions “Is your firm as profitable as it could be? How does it measure up vis-a-vis its peer group? And what defines that “peer group,” precisely? Do you ever wonder what you could do to improve its margins? Structurally or strategically, precisely what would that entail?
Favorite Post about something I really don’t care anything about
Power, Truth, and Responsibility : What we learned from the Oprah show.
Posts that describe why I like to speak in public
Help for Public Speakers : Well, I knew it had to happen sooner or later. A news release from Reuters this week said that “Sex Helps Calm Nerves Before Public Speaking”.
Dealing with presentation anxiety : Most people get nervous at the thought of having to present in front of a crowd. Is there something in our DNA that makes us fear crowds? Perhaps there was (is?) an evolutionary advantage to staying low and not being noticed by predators, including the human variety. No matter the reason, it’s a fact that standing in front of a group of people is freighting to many and provokes varying degrees of anxiety among the rest, including seasoned presenters and entertainers. So what can you do to calm your nerves?
The Carnival
Sometimes it is Just Time to Pull the Trigger : There are many really good business opportunities that never make it past paper. Would-be entrepreneurs agonize over every detail of their plan to the point that it never gets off the ground, or they miss their window of opportunity.
Who Knew? Not All Women Want Valentine Candy or Flowers : Assumptions. Something to avoid if you are marketing to women…and, if you are deciding on a Valentine’s Day gift for your gal, apparently.
Things I learned buying my car : Some credit unions consider new cars to be anything from the last 3 years.
Transparent Generation realizes downside to growing up online : The Internet generation is waking up to the realization that they’ve created a transparent, permanent record by which potential employers are making decisions about their future.
More Changes to Ford Credit and Other E-Bill Gripes : Ford Credit continues changing their billing and e-billing rules without telling anyone. Not very nice.
Nagin Works Both Sides of Aisle for Aid : Ray Nagin is not nearly as complicated a person that we make him out to be, especially when he needs to curry political favor on both sides of the aisle to obtain federal and state money to rebuild New Orleans.
The revolution begins on Ken Lay’s web site : Ken Lay’s “informational” web site pushes the notion that nothing illegal happened at Enron – and that he is just another victim of the government’s brutal, arbitrary abuse of the white-collar worker.
Prescription Drug Marketing Act and Sampling : Pharmaceutical companies rely heavily on sampling to get the “word” out about their drug. Giants like Pfizer, Merck and others spend a large portion of their marketing budget on getting samples of their drugs to doctors. What does this all mean? Well, for starters, pharmaceutical companies have to follow federal regulations (enforced by the FDA) in order to sample their product. However, because states began passing laws and regulations pertaining to sample distribution, companies also have to be cognizant and abide by state laws and regulations.
Should Home Buyers hold off buying for 2006? : “First of all my answer to her question is; it depends! How is that for a direct answer!”
Drinking the blood of the people : I remind readers that a targeted tax deduction is nothing but a government subsidy in disguise.
Section 105 for Dummies : Guest Blogger Bob Vineyard’s tutorial on a controversial, sometimes useful but potentially dangerous, tool that small businesses can use to lower health insurance costs.
Might online-game virtual currencies become a viable alternative currency? : A dream of the libertarian, anarchist and tax resister fringe is a replacement for government money. But most proposed alternative currencies haven’t really taken off. Increasingly, though, virtual assets purchased or won in the course of massively multiplayer on-line games are being traded for real-world currency (and more recently, game-world currency is being used to buy real-world products). Are virtual, game-world economies going to succeed where Time Dollars, labor notes, and PayPal have not?
Libertarian “socially responsible” business practices : Some libertarian-minded folks scoff at “socially responsible” business practices — “the social responsibility of business is to increase its profits,” Milton Friedman wrote — but what will they think about a business that takes a libertarian view of social responsibility that goes beyond the profit motive?
Why I Use a CPA to Do My Taxes : Why it makes sense for me to have my taxes done by a CPA.
Speaking of relevance, Mr. President… : The nation’s CEO has a far worse track record than the auto companies he scolded for not controlling costs and being irrelevant to the public.
McDonald’s on Drive-Thrus, Avian Flu and Negative Comps in China : McDonald’s has a large and growing presence in China. Management had some really interesting things to say during its earnings call with analysts this week.
China Surging Ahead, Or Is It ? – Like it or not, China is coming on strong and poised to become an ever bigger part of the world in the future.
Well This Can’t Be Good News :General Motors put out its earnings report today, and the news is not good at all.
Sport or Folly? : Forgive me here if I take a position against taxes, but as you may know, it’s a bit of a favorite American pastime. It’s OK for everyone else to pay taxes, just don’t raise mine, and just don’t ask me to pay any more than my fair share. By the way, if I can figure out a way to avoid paying some of those taxes, don’t begrudge my deduction.
Does 81 Return Kobe to Hero Status? : Can becoming a scoring overcome the stain a high profile rape charge and admitted adultery? It would appear that Kobe Bryant is beginning to restore his marketing status through his on court performance but will his selfishness hold him back?
Way to go, Yahoo! CFO : Did Yahoo! “concede” in the search wars, or did they simply fail to articulate what war they’re fighting?
Making Cynics at the Monster Truck Rally : Using fakery to gin up excitement at something as trivial as a Monster Truck Rally encourages cynicism in more important competitions. Employing lies for entertainment value hurts the entire culture, and a society that relies on trust.
A sad day in the neighborhood : A look at Section 230 exemption from liability, where a user posted a suicide note in an unmoderated forum.
What’s wrong with being a “big” company? : The Seattle Post Intelligencer ran a story (via Bloomberg News) on Microsoft’s newest ad campaign: “Microsoft Corp., the world’s biggest software maker, will spend $120 million a year on an advertising campaign to fight its image as ‘a huge American company.’” I can’t believe that a company would be willing to spend $120 million for this purpose. To begin with, what’s wrong with being a “huge American company?”
Gender Pay Gap, Yet Again. : “Part of an ongoing discussion of whether there actually is a gender pay gap and if so, what’s causing it.”
ChoicePoint Fined $15M for Identity Thefts : ChoicePoint was fined $15M for selling data on 163,000 people to fraudulent companies, or $92 each. So how much should other companies who have lost data pony up?
Google Kowtows : Google would have us believe that compromising their own mission and willingly participating in the widescale suppression of access to information is the lesser of two evils. To my mind, the only way such a “lesser of two evils” strategy can be justified is when some greater good can be foreseen to result. I’ve tried for a few days now and I can’t figure out what that greater good is. Can you?
Housing Starts -What’s the big fuss over construction?
Keeping things in the families : We don’t just hire people, we hire families. People from the same family often share the same values and work ethic. Chances are, a great employee comes from a family of great employees.
Smart Man Online: Scott Ginsberg – That NameTag Guy : This interview is one of a kind. Scott Ginsberg is talented, innovative, and “good people.” Glad I met him at Word-of-Mouth in Florida…and glad to bring his unique approach to marketing, to this corner of the blogosphere.
Payment, Interest Rate and Up Front Costs : Choosing a loan intelligently
Priced out of Brooklyn : But in a surprising twist, a recent front page column in the NYT raises an interesting and unexpected parallel: It turns out the wealth dichotomy in the U.S. between the Haves and the Have Nots (or more accurately, the Have Less) is surprisingly similar to those of Manhattanites versus the outer boroughs
Title tags: SEO by any other name : One of the fastest and often forgotten techniques, to move a blog or web page higher in the search rankings, is to change the page’s title tags. Title tags are the words that appear at the very top of your web browser, and they tell the search engine what the page is all about.
Chipotle…The Starbucks of Burritos : Chipotle recently went public (ticker: CMG), and prior to the offering, I put together some of my thoughts based on the roadshow presentation, my experience as a customer, and reading the S-1.
Online Marketing Bafflegab for 2006 : A presentation specialist provides a handy translation for an online marketer’s mysterious vocabulary.
Why More Corporations than LLCs? : An academic is puzzled at how much more popular S corporations are than limited liability companies. A practitioner suggests some reasons.
Families, Corporations, and the Blackberry : “On one level I agree with her. The super-turbo-charged-24/7/365-at-the-office career is the enemy of the family. On the other hand, I always get suspicious of big generalizations about “corporate life.” I find that one moves rapidly from the reality of corporate life (which is actually remarkably diverse) to the imaginary world of unremittingly eeeveel corporations created by humanities majors and others who think that they know what corporations are “really” like because they saw Oliver Stone’s Wall Street.”
The Me2 Revolution : The traditional approach to corporate communications envisages a controlled process of scripted messages delivered by the chief executive, first to investors, then to other opinion-formers, and only later to the mass audiences of employees and consumers. In the past five years, this pyramid-of influence model has been gradually supplanted by a peer-to-peer, horizontal discussion among multiple stakeholders. The employee is the new credible source for information about a company, giving insight from the front lines. The consumer has become a co-creator, demanding transparency on decisions from sourcing to new-product positioning.
Soaring commodity prices : Econbrowser investigates the possible role of U.S. monetary policy in soaring commodity prices.
Common Stocks and Uncommon Profits – a dangerous book : A review of the book Common Stocks and Uncommon Profits.
Why Pioneer Delisted Its ADRs from NYSE (PIO) : Very quietly one of Japan’s most famous manufacturers of consumer electronics has delisted itself from the NYSE. Pioneer also delisted from Euronext Amsterdam and Osaka. Costs were a major issue but that’s certainly not all and other foreign firms could follow suit.
Wal*Mart: Maryland is Bad for Business : Maryland has dictated that 8% of Wal*Mart’s revenue be directed by the Maryland legislature. Continuing a taxing tradition. In the mid 90’s Your Business Blogger was President of a (very) modest software company in Maryland. Looking hard for good people and profits. Back then I asked Rudy Lamone, a Professor of Management Science about Maryland’s confiscatory taxes and thin talent pool. Would he say there was a causation? Or mere correlation?…
Rate Chaser Calculator – Just Plug It In! : This simple calculator is designed for people who are thinking of transferring their bank deposits to another higher-yielding bank (from Emigrant Direct to ING Direct for example), but are unsure if it is really worth the effort due to the potential interest lost during transfers.
Reinventing yourself – part 2 of a series : Reinvention is not necessarily an “Extreme Makeover” drama as seen on TV, but the results can be spectacular. While dramatic results may result from reinventing yourself, many successful long-term changes come from actions that others cannot easily see, except that you eventually appear to be happier and more successful.
A Meeting of the Minds : If our process-minded CEO had his way, we would create a whole new bureaucracy, with stewardship, management and working committees meeting regularly, if just to know if the committees are working.
Where To First Invest Extra Money : There are certain places where you should place the money your saved first before any other. The number one place? A 401K plan that matches contributions.
Coyote and the Blame Game : In another of Coyote’s Workplace Fables, Coyote helps someone discover the person who’s truly to blame for all the problems they’re meeting in life.
First feedback from our survey : Initial feedback from the Slow Leadership survey gives dramatic evidence of the problems faced by managers and professionals as they try to deal with constant organizational demands and impossible targets.
Investments – Step 1 : Discoving what kind of investor you are.
GDP Lays an Egg : The Fed’s interest rate increases are beginning to take effect. With both real estate price growth and GDP slowing, further interest rate hikes are not necessary.
Advertising isn’t dead, but it is dying : I interpret current changes in the world of advertising as death throes for the industry, and argue that the coming death of advertising is a good thing for consumers.
Flight of the Dentists : The socialized dental care scheme of the NHS apparently can’t compete with the capitalist rewards of private practice. Consequently, not only are established dentists leaving the NHS, but one-third of those graduating from universities are leaving the country.
How Marketing Research Can Benefit A Small Business : In this special guest post by Joy Levin, you get practical advice on how to research your market, including valuable links to free or top notch research resources.
Noah’s McDonalds Theory : Getting people to think about what is important in their lives.
How Available Are You? : Last week, one of the email groups I belong to started discussing the use of a cell phone vs. a landline or other telephone system for their office. Grant Griffiths of Home Office Lawyer posted about the conversation and his views on using a cell phone vs. land line, and a number of others (including me) joined the conversation and commented.
Panoptopia and the Pushbutton Panopticon : With too many people defending the new levels of surveillance, I thought I would introduce a new word: Panoptopia — a world made wonderful by having so much surveillance that we can catch all the bad guys.
Disrupting Venture Capital? : People (like Doc (and againRick, Dave, Shel and others) are talking about “disrupting” the venture capital business.
Put your Blog on a T-Shirt – SnapShirts : Here’s a fun service for bloggers who can’t bear to be without their blogs might like to use. SnapShirts is a T-Shirt company that can make a T-Shirt with a word cloud from your blog on it!
Why Most Published Research Findings Are False : Ioannidis describes a statistical test for the likelihood of research being false, first without researcher bias and then a second test that includes bias. The result: it doesn’t look good.
BadgeRank (at Davos) : Ever wonder they figure out the pecking order at Davos?
The employee suggestion box should not be a paper shredder : In a post about Ford Motor Company’s newfound willingness to tap into the ideas of its workforce (now that the automotive ship appears to be sinking…), Idea Sandbox explains why the best ideas come from employees and how companies can create a nurturing environment for innovation before it’s too late.
Don’t be stupid : John Battelle wonders why “Yahoo and Microsoft can go into China no problem, but once Google does, then the US Congress gets into the act.”
Howard Stern Marketing Vs. Movie Marketing Or, The Mistake Quentin Tarantino Is Making : I’ve long been of the opinion about movie promotions: “Fool me once shame on you, fool me twice, shame on me, but fool me thrice and I’ll forever wait for DVD.”
And… if you made it this far, my favorite aging-related post
An Aging Society Is a Right-Minded Society : Here is the story of how I came to formulate my hypothesis about increased influence of the right brain on perceptions, thoughts and decisions in later life.
Thanks again for stopping by and I hope you found something of interest in all the links. As always, I found quite a few new and interesting blogs to go into my aggregator.
Next week’s Carnival of the Capitalists will be found over at AnyLetter.
Posted by Douglas Sorocco, January 30, 2006 at 8:33 am
Permalink: Carnival of the Capitalists #121
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announcing … J. Matthew Buchanan – of counsel to Dunlap Codding & Rogers
You know the old saying… save the best for last.
It is my utmost pleasure to be able to finally and “officially” announce that J. Matthew Buchanan has joined Dunlap Codding & Rogers, P.C.
I know that others (including Matt, Steve, Dennis and Kevin, among many other well wishers) have already beat me to the punch, but since December 1 was Matt’s first official day “on board” – I wanted to wait to make the announcement over here at PHOSITA.
Many of you know of my collaboration with Matt and Steve Nipper over at Rethink(IP) – but what you may not know is that the three of us began collaborating with one another on different legal matters, practice tips and general career issues at about the same time.
We all knew that we wanted to continue practicing law – it is truly what we love to do – but at the same time we believed that we could begin to explore the nature of intellectual property law and how legal services are provided to clients. Hence the birth of Rethink(IP) – a place where we can rant and post about the practice of intellectual property law.
As you can imagine, many of the things we discuss “off blog” are where we are most interested and one of the truly great things to come out of Rethink(IP) was the ability to discuss our individual practices with someone outside our firms – without fear of competition or self-interested advice being given.
One of the things that struck me almost immediately is that we all have the same philosophy and desire to serve our clients. Matt especially — Matt is the kind of lawyer that we all want to be – loyal to a fault, insightful, pragmatic and wickedly inquistive and knowledgeable.
I always had in the back of my mind that Matt was one of “those people” I wanted to associate with — little did I know that I would get the opportunity much sooner than I had ever expected. When Matt mentioned to me this past summer that he was interested in exploring other career opportunities, I knew that there was an opportunity for us to begin putting some of the things we both believe in – service, commitment and excellence – into practice.
So, after thousands of conversations – Matt agreed to come on board with us at DCR. I doubt Matt ever expected to be “of counsel” to a firm started in Oklahoma in the 1950s – but as we have grown to include an office in Washington D.C. and our clientele spans the globe, it is only fitting that our newest and tech-saviest firm member is keenly aware of international patent developments and legislation.
Matt is also spearheading our insourcing and outreach efforts – an experiment surrounding the concept of leveraging the lower overhead of “one off” midwestern cities to a client’s advantage.
Overall, DCR is extremely excited and hopeful about Matt joining our firm. I think DCR is a perfect fit for Matt, and I likewise believe that Matt will be someone who helps further position DCR at the forefront of intellectual property law firms.
And as Matt has said over and over the past couple of months, “… any place you can eat five types of smoked animals on one plate, can’t be all that bad!”
Posted by Douglas Sorocco, December 5, 2005 at 7:16 am
Permalink: announcing … J. Matthew Buchanan – of counsel to Dunlap Codding & Rogers
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China to revise patent Law – People’s Daily Online
An article in the People’s Daily Online outlines the newest round of revisions being made to China’s intellectual property laws. As anyone who has any contact with China and its patent system knows, certainty is not a term that would easily come to mind. While none of the changes should be taken as foregone conclusions, it is worth noting and watching.
According to the article:
China’s Patent Law will see its third round of changes as the country seeks to iron out problems in the legislation and patent system, a move that is being called “imperative,” and timely, reported Thursday’s China Daily.
The amendment also aims to meet the challenges from new developments after it joined the World Trade Organization, according to Tian Lipu, commissioner of the State Intellectual Property Office (SIPO).
The revisions are also expected to better balance the interests of patent holders and the public, and to safeguard national interests and economic security, said the paper.
The sections that are likely to be revised will include how to simplify patent application and examination procedures, whether to adopt international standards in granting patents, and how to improve patent protection and infringement judgment standards.
SIPO also suggested adding some rules in the Patent Law to protect China’s biological and genetic resources.
Matt has a great category on Chinese patent reforms and issues over at Promote the Progress if you are interested in additional information.
Posted by Douglas Sorocco, November 24, 2005 at 9:44 am
Permalink: China to revise patent Law – People’s Daily Online
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