I got the opportunity to be a guest on the "On Target" radio talk show hosted by Judge Penny Wolfgang on Buffalo Entercon Radio (WWKB, WWWS, WLKK, WKSE, WTSS).

I really had a great time in the studio recording the half-hour discussion about IP Law. Penny Wolfgang is truly a marvelous interviewer and host. I think she could make any topic interesting. We discussed many of the things an inventor should be aware of regarding patent, trademark and copyright law.

I have to share with you my experience walking into the studio, I ran into a great ambassador for Buffalo, my friend, classmate from St. Joe's high school and now client, the Buffalo "Wing King" Drew Cerza.

As we're walking into the studio we met and shook hands and said, "What are you doing here?" And we both answered, "I am here to do a radio talk show with Penny Wolfgang." Each of us thought maybe we wrote down the wrong day that we were supposed to be a guest on the show. As it turns out two shows were scheduled to be recorded back-to-back. We had a good laugh.

Since Drew's interview was recorded first I got a great opportunity to listen to the President of the Buffalo Niagara Convention & Visitors Bureau talk about all the great things that are happening in Buffalo today. I couldn't help thinking that what makes a place great are the people who live there and people like Penny Wolfgang and Drew Cerza certainly make Western New York a better place to live.

Drew is no stranger to protecting his intellectual property rights. He has registered his mark for the National Buffalo Wing Festival, National Hamburger Festival and his moniker known by one and all across the country the "Wing King.

For specific times on when Penny's show airs, see after the jump.

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In Matt Chandler's Buffalo Business First article, Legal Community Weights in on Patent Case, Western New York's business newspaper, I was quoted along with other Western NY patent attorneys regarding the US Supreme Court case of Bilski v. Kappos (the case which will decide how business method patents are to be reviewed by the United States Patent and Trademark Office). 

Chandler noted, "Sources from the Buffalo legal community said it is a case that has been on their radar for quite some time, and their opinions on how the court should or will rule were mixed."

I was quoted saying,

...believes the rejection of Bilski’s patent could have wide-ranging negative consequences.The plaintiff is saying, ‘We’re the first person to come up with a way of doing this. Why shouldn’t we get value for it?’ ” he said. “Why would people even bother coming up with new ideas and ways of doing business if it’s just going to be stolen from them?”He said followers to his Twitter page – many of whom are patent attorneys – have also been weighing in on the Bilski case via daily tweets.

Michael Berchou, a partner at Phillips Lytle LLP, believes if the past is any indication, change may be on the horizon.

Anytime a case is going up to the Supreme Court, I think it usually suggests that the Supreme Court sees something in the federal opinion that they want to take a closer look at, and there might be a change in the law ...The bigger question is: Are they going to set out a new standard that might impact software companies and the patents that are in effect today?

I think should the court affirm the appellate court’s ruling that the Bilski patent should not be issued,  the business-methods patents already in place may be invalidated. This could have great economic consequences to many software companies, for example, computer software now protected by patents would be open to copying without payment of a royalty or fear of an infringement law suit.

Other related posts:

Senator Leahy Uses Bilski to Push Patent Reform

USPTO Sends Bilski Memo to Patent Examiners

Bilski vs Kappos Decision

Bilski v. Kappos

Business method patents...what will the Supreme Court Do?

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This holiday season we would like to share some ideas of the best gifts for the patent people and inventor types on your list.

What interesting stuff would a creative innovative mind like?

Take a look: 

Apple iPod touch 8 GB (3rd Generation) NEWEST MODEL

iPod touch is an iPod, a pocket computer, and a portable game player. Listen to music. Watch a movie. Surf the web. Check your email. Get directions with Google Maps. Discover addictive games and apps. The iTouch is the iPhone's brother without calling capabilities. The only catch is that this brother lacks AT&T's backing so unless you want to become better friends with your local Starbuck's employees while you mooch off of their free wireless every time you want to check your email or check a YouTube video, I'd spring for the iPhone. 

Kindle Wireless Reading Device

The Kindle is as thin as a magazine, fitting perfectly in your hands. It can hold up to 1,500 books and weighs 10.2 ounces. Just to put that into perspective, your cell phone probably weighs between three and five ounces. With the Kindle you can bookmark and easily take notes. It also has a helpful dictionary app, so there's no need to grab that dusty book off the shelf again or rather pull up dictionary.com. 

I think it would be really wonderful to take my entire library with all of its options on a road trip with me or on the subway to work, but if I'm sitting at home I'd rather turn pages then click to open them. 

Omron HJ-112 Digital Pocket Pedometer

Walking with a classic pedometer can be exceedingly annoying with its obnoxious click-clack noise wherever you go and its tendency to slip off your belt loop crashing to ground, losing your daily millage. The Omron HJ-112 Pocket Pedometer is an advanced, high-tech pedometer that- Hallelujah! Dual sensor technology!- can be carried in your pocket or bag.

Of course you can be lame and hook it to your belt loops like the classic pedometer. But now your loved ones can just drop this stress-free gift in their purses or pockets and ponder the lengths of your thoughtfulness.  Not only will it measure your steps but the calories burned during your workout, as well as the total distance you've traveled.

StressEraser Portable Biofeedback Device 

The StressEraser is perfect for your, quite obviously, stressed out family members. It fits right in your pocket and is drug-free and non-invasive. It uses a finger sensor to convert your pulse into a wave form.

This wave guides you to synchronize your breathing with your heart rate cycle. Weird, huh? But we all know that slowing down your breathing can slow down your heart rate which in turn helps you relax. So it makes sense that this little gadget works so well. 

8GB DVR Spy Pen Video Recorder Camcorder Camera Drive

If you claim that you didn't want to be James Bond at least one time in your life, it's probably safe to say you're lying. This pen doubles as video and voice recorder, and how can you say that that's not cool? Obviously the video quality isn't exactly Stephen Spielberg, but this whimsical gift is still worth it if only to satisfy the spy in you.

 Along with the one I'm thinking of purchasing for my nephew, I might even buy one for myself. Just call me Bond. James Bond.

"World's Smallest" GPS Tracker

This is the world's smallest GPS tracker at 2 inches wide and 1 inch thick. Trying to find your car in a mall parking lot the size of Rhode Island, this baby's a godsend- that is you can find it cheap. At the prices I've been seeing, I think I'm going to wait for the post-holiday sales and in the meantime I'll just set off my car alarm and follow the sound.

Coby DP-882 8-Inch Digital Photo Frame with Built-In MP3 Player

This photo frame not only displays a slide show of pictures, but can also play music with either its MP3 compatibility or USB port to attach iPods or stereos. It has a high resolution LCD screen, internal speakers and even headphone ports.

I think that giving this frame already filled with photos and music is a heartfelt gift with a homemade feel. Plus its a lot less mess and hassle than making a scrapbook.

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So you have a new invention, what next?

Inventors usually have a questions like: Should I get a prototype? Do I need to have a patent to protect the idea? Who can I speak about it to? Is it a good idea? Can I make money from it? Who can I trust? Is there some great blueprint I can use to follow? Is it possible to get a manufacturer to make the product for me and pay me a royalty?

Many inventors come to me with their ideas but don't know what to do about it. I tell them that I do not want to encourage them or discourage them however ideas don't usually sell themselves. It takes many things to sell the idea. In order to take a product from the idea stage to the store it is necessary to learn what it will take to manufacture, market and distribute the product.

There's a good checklist  described as the ABCs of inventing in Inventors Digest . I think this list is a good starting point and should be thought of as the "Inventors 10 Commandments":

1) Stay away from invention marketing companies that advertise on radio and late night TV.

2) Keep good records about your idea...some day they may be the back up you need to prove YOUR idea is YOURS! (Lab notebook)

3) Do your own patent search online at  the USPTO or at a Patent Depository Library.

4) Build a model.

5) Have your invention evaluated by a non-biased professional (even if your Mom’s in the business, go to someone else!).The nonprofit United Inventors Association offers an excellent invention evaluation.

6) Read all you can about new product development. Go to your local book store or library . . . others have gone before you. Don’t reinvent the wheel.

7) Network with other inventors. Join a local inventors’ organization.
Who can I trust? What do I do next? How do I find the help I need?

8) If your patent search looked promising (see #3), make an appointment with a patent attorney, patent agent or professional patent searcher. Show him the results of your search and follow the advice.

9) Do what you do well and hire pros to do the rest.

10) Don’t fall in love with your invention, but if you’re sure you’ve got a winner (see #5), hang in there! 

These are all great points and should be taken into consideration. One thing inventors should understand is that it's a long way to Tipperary. Anything that is worth it may take a lot of blood, sweat and tears to be a success. The ancient Chinese Confucius said, "A journey of a thousand miles starts from the very first step."

Remember the inventor's first step is coming up with the idea. There are many more steps that need to be completed in order to bring a product to market.

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On November 9, 2009 the Supreme Court heard an oral argument on the appeal from the Federal Circuit of the case of Bilski v. Kappos, wherein the central issue was whether the Federal Circuit erred by holding that a business method patent application based on a "process" must be tied to a particular machine or apparatus, or transform a particular article into a different state or thing ("machine-or-transformation" test), to be eligible for patenting under 35 U.S.C. § 101.

Do the questions asked by Supreme Court mean they are leaning toward not allowing patent protection to non-traditional “virtual” methods of doing business unless it is somehow tied to something tangential like a machine?

In some questions the Justices attempted to concoct scenarios that would make the application for a patent for certain business methods appear ridiculous:

JUSTICE BREYER: So you are going to answer this question yes. You know, I have a great, wonderful, really original method of teaching antitrust law, and it kept 80 percent of the students awake. They learned things — (Laughter) … It was fabulous. And I could probably have reduced it to a set of steps and other teachers could have followed it. That you are going to say is patentable, too?

JUSTICE BREYER: Do you think that the framers would have wanted to require anyone successful in this great, vast, new continent because he thinks of something new to have had to run to Washington and to force any possible competitor to do a search and then stop the wheels of progress unless they get permission? Is that a plausible view of the patent clause?

JUSTICE BREYER: transactions between commodity providers and commodity consumers. You set a fixed price at the consumer end, you set a fixed price at the other end, and that's it. I mean, I could patent a process where I do the same thing. I initiate a series of transactions with sellers. I initiate a series of transactions with buyers. I buy low and sell high. That's my patent for maximizing wealth.

JUSTICE SOTOMAYOR: So how do we limit it to something that is reasonable? Meaning, if we don’t limit it to inventions or to technology, as some amici have, or to some tie or tether, borrowing the Solicitor General’s phraseology, to the sciences, to the useful arts, then why not patent the method of speed dating?

I hope the judges are not missing the boat.

Remember, for an idea to qualify as patentable subject matter, whether it is a method of doing business, article of manufacture or a machine it still has to be something new, useful and a non-obvious improvement over whatever is already out there.

If this new idea meets these requirements it logically adds to the wealth of society as a whole. And isn't the enhancing the good of society as a whole what the founding fathers intent was when drafting the Constitution?

Just because the invention is not tied to a machine or something tangential doesn't mean it's not a good idea that can benefit society. If inventor comes up with a new idea of doing business and somebody somewhere can benefit and make money from that idea, shouldn’t the inventor also profit? If the Supreme Court denies the inventor the benefit of his new, useful non-obvious idea there would be no incentive to share their invention with the world.

Other related posts:

Senator Leahy Uses Bilski to Push Patent Reform

USPTO Sends Bilski Memo to Patent Examiners

Bilski vs Kappos Decision

Bilski v. Kappos

Legal community weighs in on Bilski v. Kappos

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Thanks to @ipdotcom  for tweeting this week about the Internet's birthday.

And linking from thier Twitter stream @ipdotcom to this very interesting YouTube video giving us an insight of Internet pioneer and UCLA computer science professor Leonard Kleinrock about the meager beginnings of the Internet.

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