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What is State of Innovation?

This blog is devoted to intellectual property innovation, patent law and innovation. The moderator, editor, and main author is Dale B. Halling. Mr. Halling is a patent attorney and entrepreneur. As a patent attorney, Mr. Halling has represented numerous Fortune 500 companies including McDonnell Douglas, Boeing, Motorola, Ameritech, SBC, MCI, Cypress, and numerous technology start-ups. He has helped his clients obtain patents worldwide. Mr. Halling has a BS in Electrical Engineering from Kansas State University, an MS in Physics from the University of Texas at Dallas and a JD from St. Louis University. Mr. Halling is the author of the book “The Decline and Fall of the American Entrepreneur: How Little Known Laws are Killing Innovation.”
Rebirth of Reason Website Attacks Patents

The website Rebirth of Reason, which is supposed to be an Objectivist website, posted an article entitled Patent Scam.  Below is my open letter to the author of this article.

 

Dear Ms. Vera S. Doerr,

 

If someone displayed the ignorance in criticizing Objectivism that this article does about patent law, Objectivists would be furious.  First of all it is clear that you do not know how to read a patent.  You don’t know the difference between the claims and the background, you don’t know the difference between an independent claim and a dependent claim or a patent and a patent application.  In fact it is clear that you did not read the patent application, which can be found here http://www.freepatentsonline.com/20140215201.pdf
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Intellectual Property, Innovation and Economic Growth

 
Excellent Article by Adam Mossoff: Do IP Rights Promote Economic growth

Intellectual property and economic prosperity: Friends or foes?, in TechPolicyDaily.com.  The article reviews a report by the Mercatus Center, a free-market think tank that is highly critical of IP.  Here is one of my favorite quotes from the article:

“It is bewildering, for example, to find a libertarian think tank arguing that government projects are superior to private property rights as a means of directing resources to innovative
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Interesting Infographic – Computer Science Zone


 
A Government Conspiracy to Undermine the Constitution

We have completed a first draft of the second Hank Rangar book, tentatively titled Trails of Injustice.  Hank is snared by a government conspiracy to undermine the constitution.  Can you guess which recent government conspiracy it is?

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Remember When Inventors Were Heroes?

This weekend (8/1/14 – 8/3/14) Pendulum of Justice  is on sale for $0.99.  The hero of this fast paced techno-thriller is Hank Rangar an inventor.

 

All that is necessary for the triumph of evil is that good men do nothing.

With two high tech start-ups going gangbusters, former cyber warrior Hank Rangar has finally “made” it. His lab, “Made By Man,” has revolutionized cardiac procedures, potentially saving
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Fallout from Alice: Digitech Image v. Electronics for Imaging

We are beginning to see the absurd results from Alice in the case Digitech Image Technologies, LLC v. Electronics For Imaging, Inc., Case No. 13-1600 (Fed. Cir. July 14, 2014), the Federal Circuit affirmed a district court decision invalidating all claims of Digitech’s patent (U.S. Patent No. 6,128,415).  The invention tags digital images with particular information about the camera and its color/spatial image qualities in a form that is device-independent. The patent includes claims directed to both a “device profile” and a “method of generating a device profile.”  The Court found the claims invalid under 35 USC 101.  Independent Claim 1 states:

 

1. A device profile for describing properties of a device in a digital image
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Charles Brush and Ice Dynamos

This is an excellent post on the inventor Charles Brush from the excellent blog Ice Dynamo.

Charles Francis Brush was born March 17, 1849 on his family’s farm – a farm not so different from those sprinkled across Bainbridge. You can imagine the bemusement of his parents – both farmers – when seemingly from infancy Charles showed an insatiable interest in electricity. He was a mere twelve when he built his first static electric machine.

He graduated college when he was twenty, and immediately went to work repaying his student loan, granted to him by his uncle. Charles spent his days selling iron ore and his nights devising a new dynamo – an early version of the electric generator. He was twenty-eight when his tireless efforts earned him his first patent.

As abundant and reliable as electricity is
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A Defense of American Ideals: Book Review

This excellent book, by Thomas Malone, demonstrates that Liberty and the American Revolution are both based in reason.  Both the left (Liberals, Democrats, Socialists, Environmentalists) and the right (neocons, compassionate conservatives, social conservatives) are anti-reason and both are fundamentally opposed to people’s right to the pursuit of their own happiness (Not to mention your Right to Life and Liberty).  The book is full of quotes from the Founding Fathers and shows the US as a Christian nation, in its founding, is revisionist history.  The book pulls no punches about the Socialists (Democrats) either, amply demonstrating that the philosophy of Obama and
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Supreme Court Alice v. CLS Decision

The long awaited decision by the Supreme Court in Alice v. CLS Bank came out on June 19, 2014, while I was away giving a talk at Atlas Summit 2014, which is why this post has been delayed.  Even in the statement of the question presented in the case the Court got it wrong:

The question presented is whether these claims are patent eligible under 35 U. S. C. §101, or are instead drawn to a patent-ineligible abstract idea.

Abstract ideas are not an exception to section 101, despite a long line of nonsense by the court.  Every invention is an abstract idea in that it describes a class of things, not a specific instance.  The failure (purposeful) of the Court to define what they mean by an “abstract
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