Pioneering Balance: Elaine Spector’s Path to Equity Partnership and Beyond

Last week, we explored Elaine Spector’s strategic move from the high-pressure world of patent litigation to a role that prioritized intellectual collaboration and family proximity at Johns Hopkins Tech Ventures. Her journey underscored the necessity for a role that could accommodate her as a professional and a parent. Despite achieving proximity, the role lacked the flexibility she required, setting the stage for her next career leap.

Finding Flexibility and Making History

Upon joining Harrity & Harrity, Elaine found the elusive balance she had been seeking. The firm offered remote positions with adaptable working hours, a radical shift that allowed her more time with her family without compromising her career ambitions. This was not merely a job change but a complete transformation of her professional identity.

At Harrity, Elaine championed flexibility and innovation in her work arrangement. Her journey to becoming the firm’s first female equity partner is a testament to Harrity & Harrity’s commitment to diversity and work-life balance. This achievement marks a significant milestone not only for Elaine but also for the firm, highlighting its progressive stance in a traditionally rigid field.

Elaine’s Top Five Recommendations for Career Advancement

In her current role, Elaine generously shares her insights, offering five key recommendations to aid other legal professionals, particularly working mothers, in their career trajectories:

  1. Embrace Flexibility: Seek roles that offer flexible hours and remote work possibilities.
  2. Carve Out Time for Business Development: Use accessible tools like LinkedIn to build and maintain client relationships from home.
  3. Advocate for Yourself: Don’t shy away from negotiating for what you need, whether it’s a reduced schedule or extended leave.
  4. Cultivate Your Network: Build a supportive network of mentors and colleagues who understand and support your dual aspirations of family and work.
  5. Hold on to Your Aspirations: Maintain your professional goals alongside your personal responsibilities; it is possible to excel at both.

Elaine Spector’s journey from a high-stakes litigation environment to becoming a pioneering female equity partner illustrates a broader narrative within the legal landscape. Her story provides practical strategies and hope, proving that legal professionals—especially working mothers—can sculpt a successful career that harmonizes professional growth with personal life. As we continue to explore practical tips for navigating patent law with familial responsibilities, Elaine’s principles offer a roadmap for those seeking to achieve similar success.

Want more Driving Diversity? Check out other videos with Elaine Spector here!

Navigating Negativity in the Workplace

Welcome back to our weekly dive into workplace wisdom with “Dear Sandy.” Each week, we explore the complexities of office dynamics and discover practical advice for some of the most challenging situations. This time, we tackle a common but taxing problem—dealing with a perpetually pessimistic coworker. How do you keep your spirits up when someone else is always bringing them down? Let’s explore this week’s reader’s query and Sandy’s insightful response.

“Dear Sandy,

I work with a coworker who seems to always dwell on the negative side of things. Not only do they constantly complain about our work, management, and other colleagues, but they also try to pull me into their negative conversations. I find myself feeling drained and even starting to view things more negatively after our interactions. How can I handle this situation without creating workplace tension or appearing unsympathetic?”

Dear Reader,

It’s an issue many of us face: a colleague whose negative outlook begins to affect our own. Dealing with a perpetually negative coworker can be challenging and emotionally exhausting. It’s important to protect your own mental space while maintaining a professional relationship. Here are a few strategies you might consider:

Five Strategies to Shield Your Positivity

Set Boundaries: Begin by firmly setting conversational boundaries. A simple redirection like, “I find it helpful to focus on the positive aspects, so let’s think about what we can do to improve the situation,” can subtly change the conversation’s course without causing friction.

Limit Interaction: Keep your interactions with the pessimistic coworker to necessary professional exchanges. Avoid getting too personal or engaging in lengthy discussions that could lead to negativity.

Express Your Feelings: If you feel at ease doing so, express the impact their negativity has on you. Phrasing it gently can help, for instance, “I’ve noticed I feel more stressed after our conversations that focus a lot on the negatives. Maybe we could try to balance it with some positive points?”

Seek Support: If the behavior becomes disruptive to your productivity, discussing it with a supervisor or HR may be appropriate. Approach this sensitively, focusing on the need for a positive working environment.

Lead by Example: Continue to embody positivity in your own actions and words. Positivity can be contagious, and your approach may eventually influence your coworker.

While it’s challenging to change someone else’s outlook, Sandy reminds us of the importance of focusing on our own reactions and maintaining a positive mindset. Protecting your mental space is crucial in a professional setting.

Have you ever faced a similar challenge with a negative coworker? How did you handle it? Share your stories and strategies with us on LinkedIn to continue the conversation. Don’t forget to join us next week for more invaluable advice from “Dear Sandy” on navigating the intricacies of office relationships!

Pioneering Balance: Elaine Spector’s Journey from Litigation to Leadership

In the ongoing “Navigating New Horizons” series of the Driving Diversity Blog, we delve deeper into Elaine Spector’s transformative journey through the realms of patent law. Following last week’s gripping narrative, “Navigating the High Stakes: A Patent Litigator’s Journey from Trials to Tech Transfer,” we now explore how Elaine’s intense experiences in a high-stakes trial environment catalyzed her transition to a more balanced role at Johns Hopkins Tech Ventures, and eventually to Harrity & Harrity, where she achieved a groundbreaking flexible work arrangement.

Transition to Tech Transfer and Beyond

Elaine’s intense involvement in a grueling month-long patent litigation trial in the Eastern District of Texas was a pivotal moment, testing her limits and shaping her career trajectory. The demanding nature of the trial, characterized by long hours and high pressure, illuminated the stark realities of balancing professional obligations with personal life—particularly as a mother. The professional isolation she felt during this time, exacerbated by a poignant moment of connecting with her children via Skype, underscored her need for change.

Realizing the necessity for a shift, Elaine transitioned to an in-house role at Johns Hopkins Tech Ventures. Here, she sought a part-time position but accepted full-time work, prioritizing proximity to family over her preferred work arrangement. This role, while closer to home and filled with intellectual collaboration, still lacked the flexibility Elaine needed as her children grew older.

Finding Flexibility and Making History

Elaine’s pursuit of a better work-life balance led her here, to Harrity & Harrity, where she found the flexibility she had long sought in a remote position with adaptable work hours. This move was not just about changing jobs; it was about reshaping her professional identity. At Harrity, she not only embraced a reduced hours schedule but also ascended to become the first female partner, a testament to the firm’s progressive stance on work-life balance and diversity.

Elaine’s journey from the intensity of the war room to achieving partnership at Harrity & Harrity encapsulates a broader narrative prevalent in today’s legal landscape. Her story offers hope and actionable insights for legal professionals, especially working mothers, demonstrating that it is indeed possible to craft a fulfilling career that accommodates both professional aspirations and personal responsibilities. As we anticipate next week’s discussion on practical tips for working mothers in law, Elaine’s experiences continue to inspire and guide those navigating the patent law field towards more inclusive and adaptable career paths.

Want more Driving Diversity? Check out other videos with Elaine Spector here!

Mastering Difficult Client Relationships: Essential Tips for Patent Attorneys

Handling challenging clients is part and parcel of any service-oriented profession, especially in the intricate world of patent law. In this week’s Dear Sandy, our esteemed Controller, Sandy Maxey, responds to an attorney at a mid-sized firm who shares a common yet taxing dilemma: managing a new client whose communication style is not only challenging but sometimes downright disrespectful. From disregarding advice to setting unrealistic deadlines and maintaining a condescending tone, this scenario puts professional skills and patience to the test.

Dear Sandy,

I am a patent attorney at a mid-sized firm, and I have recently been tasked with managing the portfolio of a new client. While I am excited about the opportunities this assignment presents, I am finding the client’s communication style to be particularly challenging and at times, disrespectful. They frequently disregard my professional advice, impose unrealistic deadlines, and their overall tone can be quite condescending. I am committed to maintaining professionalism and ensuring the quality of my work remains unaffected, but I am struggling. How can I effectively manage this situation without causing friction or appearing uncooperative?

Troubled by the Tone

Sandy’s Response:

Navigating a professional relationship with a challenging client can indeed be difficult, but it also presents an opportunity to hone your communication and boundary-setting skills.

  1. Keep a Detailed Record: Documenting all communications is essential. This record can be invaluable in resolving disputes or misunderstandings regarding what has been communicated.
  2. Establish Clear Boundaries: Organizing a meeting to set clear expectations and timelines can be instrumental. It’s an opportunity to assert the reasoning behind your professional decisions and to establish yourself as an authority.
  3. Confront Disrespect Directly: If the client’s disrespect persists, it should be addressed directly, yet diplomatically. Articulate the need for respectful communication to maintain a productive working relationship.
  4. Leverage Firm Support: Should the problem continue, involve a supervisor or partner. They can offer additional support, mediate the situation, or potentially reassign the client to another attorney better suited to handle the dynamic.
  5. Value Your Professional Well-being: It’s crucial to remember that while clients are important, they should not undermine your professional integrity or well-being. If necessary, seek adjustments within your firm to protect these.

Why This Is Important

Dealing with difficult clients not only tests professional mettle but also provides an opportunity to strengthen communication and negotiation skills. Sandy’s advice underscores the need for strategic thinking and personal resilience in these situations. Whether printed in a newspaper or shared online, these insights can help any attorney navigate the complexities of client relationships in the legal field.

This guide serves as a roadmap for patent attorneys and other professionals who may find themselves in similar situations, offering both strategic advice and reassurance that they are not alone in facing these challenges. By maintaining professionalism and setting clear boundaries, attorneys can manage difficult client relationships effectively, ensuring that their careers remain on a positive trajectory.

We Want to Hear from You

Do you have experiences with challenging clients? How have you managed these relationships without sacrificing your professional standards? Share your stories and strategies with us on LinkedIn to continue the conversation.

Navigating the High Stakes: A Patent Litigator’s Journey from Trials to Tech Transfer

In the latest entry of the “Navigating New Horizons” series and the Driving Diversity Blog, we continue to follow Elaine Spector’s riveting journey. This installment transitions from a hopeful equilibrium of work-life balance to an intense legal battle that tested her commitments and catalyzed a significant career shift. Elaine’s experiences illuminate the challenges faced by patent attorneys striving to align professional aspirations with personal responsibilities.

Elaine’s innovative work arrangement was an exemplar of work-life balance, blending remote work with time at home and at the office. However, her well-structured life was upended by an urgent summons to a high-stakes patent litigation case. Drawn into the vortex of a month-long trial in the Eastern District of Texas, Elaine found herself in the throes of a legal battle that demanded her presence far beyond the typical professional commitment.

The war room, a rented hotel space devoid of its original furnishings and repurposed with desks and strategic planning areas, became the epicenter of the trial’s operations. Here, Elaine and her colleagues engaged in intense collaborative sessions, sometimes stretching up to 20 hours a day. This environment, while energizing for some, was a crucible of stress for Elaine, who had to manage her professional duties while grappling with the emotional strain of being separated from her young children. The physical setup of the war room facilitated a high level of collaboration, but it also underscored the relentless pressure and isolation from normal life, including a poignant moment when she used Skype to connect with her children, briefly bridging the gap between her two worlds.

The climax of Elaine’s trial experience came when she was unexpectedly excluded from the trial table. Initially hopeful when her boss had to leave due to a family emergency, Elaine anticipated taking his place at the table. Yet, this expectation was abruptly dashed by a pile of books and an uncomfortable conversation with the lead associate who insisted the space be kept open for the jurors. This incident was not just a professional setback but a deeply humiliating moment, highlighting the opaque and perhaps biased decision-making processes within her team.

Elaine Spector’s story from the war room to the trial table captures more than just the challenges of a patent litigation trial; it encapsulates the emotional and professional trials faced by many in high-stakes legal environments. Her subsequent decision to leave big law for a tech transfer role at Johns Hopkins University was driven by the need for a career that accommodated her professional skills and personal life. Elaine’s experiences offer a raw, unfiltered look into the conflicts that can arise when professional demands collide with personal needs, serving as a powerful narrative for those navigating similar paths in demanding fields.

Want more Driving Diversity? Check out other videos with Elaine Spector here!

The Strategic Dilemma: Overcoming Double Patenting with Terminal Disclaimers

Navigating the labyrinthine world of patent law can be as complex as the innovations it protects. Among the myriad challenges faced by patent practitioners, double patenting rejections and the judicious use of terminal disclaimers stand out. These issues require not only legal acumen but also strategic foresight. This detailed exploration sheds light on the intricate dance between securing robust patent protection and maximizing the commercial lifespan of your intellectual assets.

Deciphering Double Patenting

Double patenting involves the risk of granting several patents for the same invention, potentially extending monopoly rights beyond the intended term. This scenario is particularly problematic as it can lead to a thicket of overlapping rights that are difficult to navigate for both the patent holder and potential competitors. Understanding the nuances of double patenting is essential for anyone looking to navigate the patent landscape successfully.

Terminal Disclaimers: A Strategic Tool

Filing a terminal disclaimer is a common tactic to overcome double patenting objections. This maneuver effectively synchronizes the expiry of the involved patents, thus aligning them within the legally permissible patent term. However, this resolution is not without its trade-offs:

  1. Integration of Patent Lifecycles: Terminal disclaimers bind the destinies of multiple patents, potentially complicating future adjustments to a portfolio.
  2. Reduction in Patent Term: They may unintentionally shorten the effective patent term, potentially undercutting the commercial advantage they provide.

Strategic Considerations for Managing Patent Portfolios

When facing a double patenting dilemma, thoughtful consideration is paramount:

  1. Evaluating Business Impact: Consider the broader business implications of linking patents. How might this influence your company’s strategy in terms of market presence or competitive edge?
  2. Analyzing Patent Family Relationships: Determine the relationship between the patent families involved and assess the potential long-term impacts of tying these families together through a terminal disclaimer.
  3. Exploring Claim Adjustments: Before resorting to a terminal disclaimer, exhaust all options to differentiate the claims of the current application from those of the related patent. Amending claims or arguing distinctiveness can sometimes circumvent the need for a disclaimer.
  4. Optimal Timing of Filing: Delay the decision to file a terminal disclaimer until it is absolutely necessary, which allows for a complete assessment of the prosecution landscape and might reveal alternative strategies.

The decision to file a terminal disclaimer in response to a double patenting rejection intertwines legal strategy with business foresight. A well-considered approach can not only navigate through the immediate legal hurdles but also set the stage for long-term innovation management and commercial success.

Want more Precise Prosecutor? Check out other videos with George Howarah here!

Navigating New Horizons: Elaine’s Journey Through High-Stakes Litigation to Family-Centric Career Choices

In our latest installment of the Driving Diversity “Navigating New Horizons” series, we continue to explore Elaine Spector’s dynamic journey as a patent attorney caught between the rigorous demands of her career and the personal commitment to her family. This chapter picks up after Elaine has seemingly found the perfect work-life arrangement, only to have it upended by an intense legal battle that challenges her priorities and career trajectory.

Elaine’s innovative work schedule was a pioneering model before remote work gained traction. It allowed her a balanced division between her professional responsibilities and her family life, with two days in the office, one from home, and two days off to be with her three young children. This arrangement seemed ideal until she was drawn into a complex patent litigation case in the Eastern District of Texas.

The case was far from straightforward; it was a high-stakes, unyielding trial that refused to settle and demanded her presence for an extended period, significantly more than her usual commitment. Elaine found herself in Texas for a whole month, a stark contrast to the family-centric routine she had cultivated. This shift not only placed a strain on her familial relationships but also on her mental and emotional well-being, as she grappled with the professional demands of being a key player in a relentless legal struggle.

During this trial, Elaine’s dedication to her craft was evident, but the personal cost of such dedication became increasingly clear. The separation from her young children during critical developmental years caused her to deeply question whether her career in private practice was sustainable in the long term. Her internal conflict and the toll of the trial became a catalyst for reevaluating her career path.

Post-trial, Elaine sought a position that could offer both professional fulfillment and proximity to her family. She transitioned to a role in technology transfer at Johns Hopkins University. This role, while full-time, promised a significant reduction in travel and more regular hours, factors that were crucial in her decision. The move was strategic, aligning her professional skills with her personal need to be available for her children.

Elaine’s story is a powerful narrative about the challenges of maintaining work-life balance in the high-pressure world of patent law. It illustrates the tough decisions many legal professionals face when personal priorities clash with professional opportunities. Elaine’s shift from a high-stakes litigation environment to an in-house role at a major research institution symbolizes a broader conversation about the evolving demands and expectations of work in the legal sector.

As we anticipate further developments in Elaine’s career, her experiences serve as a valuable case study for other professionals navigating similar paths. Her journey underscores the importance of aligning career choices with personal values and the continuous search for balance in a demanding professional landscape.

Want more Driving Diversity? Check out other videos with Elaine Spector here!

Unlocking the Potential of AFCP 2.0: A Game-Changer in Patent Prosecution

In the intricate dance of patent prosecution, making the right moves after receiving a Final Office Action (FOA) from the USPTO is paramount. In this week’s The Precise  George Howarah sheds light on a strategic tool that is transforming the landscape for applicants and attorneys: the After Final Consideration Pilot 2.0 (AFCP 2.0).

The Turning Point: Beyond Traditional Responses

Traditionally, the response to an FOA often leads down the path of filing a Request for Continued Examination (RCE). However, this route can be both time-consuming and costly, potentially slowing down the journey to patent issuance. George introduces AFCP 2.0 as a compelling alternative, aiming to streamline the prosecution process with a more nuanced approach.

Delving Into AFCP 2.0

AFCP 2.0 emerges as a beacon of efficiency, offering a pathway to advance prosecution without the need for an RCE. The program allows for the consideration of a response to an FOA that includes a non-broadening amendment to at least one independent claim. This key provision paves the way for a more dynamic interaction between applicants and the USPTO.

The USPTO allocates additional time under AFCP 2.0 for examiners to review applications, creating an environment conducive to thorough evaluation and discussion. The goal? To reach an allowance or to facilitate a productive dialogue through an interview with the applicant, addressing any hurdles that stand in the way.

Why AFCP 2.0 Matters

George emphasizes several advantages of AFCP 2.0 that make it an invaluable tool in the patent prosecution toolkit:

  1. Speed: By potentially bypassing the RCE cycle, AFCP 2.0 can significantly reduce the time to patent issuance.
  2. Cost Effectiveness: The program is free to use, offering a budget-friendly option for advancing prosecution.
  3. Enhanced Engagement: The opportunity for an examiner interview under AFCP 2.0 is a strategic advantage, allowing for direct negotiation and clarification, thereby enhancing the prospects of allowance.

Strategic Application of AFCP 2.0

Despite its benefits, George notes the importance of meeting AFCP 2.0’s specific criteria to qualify for the program. Examiners have sole discretion in this regard, making it essential for applicants to craft their responses carefully.

In practice, George recommends always exploring the possibility of AFCP 2.0 when crafting a response to an FOA, especially when it involves a non-broadening amendment to an independent claim. This approach not only leverages the program’s benefits but also offers a proactive stance in navigating the prosecution process.

A Paradigm Shift in Prosecution Strategy

George’s insight into AFCP 2.0 heralds a shift towards a more efficient, cost-effective, and interactive patent prosecution process. As the legal landscape continues to evolve, embracing such innovative programs will be key to navigating the complexities of securing patent rights successfully.

In a world where time is of the essence, and every detail matters, AFCP 2.0 stands out as a pivotal tool, reshaping the strategy behind patent prosecution. George’s advocacy for its use underscores its potential to significantly impact how we approach the final stages of patent application.

Want more Precise Prosecutor? Check out other videos with George Howarah here!

Unveiling the Brains Behind AI Patenting: Leading Inventors Transforming Technology

By Ayana Marshall, Patent Data Analyst

Artificial intelligence (AI) has come a long way thanks to its top inventors.  Their groundbreaking work has not only pushed AI technology forward but also made it a vital part of different industries.  These innovators have transformed AI from ideas into impactful tools.  This article spotlights these leading inventors, celebrating the individuals whose creativity and foresight have made AI innovations indispensable. 

Leading Inventors in AI: A Perspective Based on Global Patents and Pending Applications 

The table above presents a summary of the contributions of leading AI inventors, ranking them by their patent portfolio size.  This table details a list of inventors with their associated patent portfolios, highlighting their active global patents and pending applications.  The following are the highlights: 

  • Global Patent Leader: Jianzong Wang from Ping An Insurance (Group) tops the list with 1,077 total patents and applications. 
  • Granted Patents: Wang currently holds 364 granted patents. 
  • Pending Applications: A considerable number of 713 applications are pending, indicating active innovation. 
  • Patent Families: Wang’s patents are part of a large family of 1,013, suggesting broad and varied technological advancements. 
  • Company Spotlight: Stradvision, Inc. features prominently, with several inventors on the list having a high volume of pending patents, highlighting the company’s intensive R&D focus. 

The gradient coloring starting from green across the table visually emphasizes the inventors with the most extensive patent activities, with darker greens denoting inventors with larger volumes.  This table, therefore, not only highlights individual achievement but also subtly points out the competitive landscape of AI development among leading tech companies. 

Leading Inventors in AI: A Perspective Based on US Patents and Pending Applications 

This image details a list of inventors with their associated patent portfolios, highlighting their active US patents and pending applications.  

  • U.S. Patent Front-Runner: Sarbajit K. Rakshit from IBM leads with 356 patents and pending applications in the U.S. 
  • Notable Inventors: Kenneth Neumann of Kpn Innovations, LLC and inventors from Capital One Financial Corporation are also highlighted for their substantial contributions. 
  • Close Contender: Austin Walters of Capital One Financial Corporation has a portfolio close behind with 303 patents and pending applications. 
  • Patents vs. Pending Applications: The table distinguishes between granted patents and pending applications, highlighting active areas of innovation with Neumann leading in pending applications. 
  • Cross-Industry Innovation: Inventors from various companies like Cisco Systems, Adobe, and Samsung demonstrate AI’s wide-ranging impact across different sectors. 

Beyond the Numbers 

In summary, the data from both images offers a look at the AI industry’s inventors and their contributions on a global scale, as well as within the United States.  The inventors listed highlight a robust commitment to innovation, with extensive patent portfolios that include both granted patents and those awaiting approval.  

Notably, the inventors affiliated with companies like Stradvision, Inc., Capital One Financial Corporation, and Ping An Insurance Group demonstrate strides in AI technology globally, as evidenced by their patent counts.  The number of pending applications further suggests that the field is poised for growth with potential new AI solutions on the horizon.  These inventors, therefore, represent the driving force behind the AI sector’s evolution, embodying the industry’s commitment to advancing technology and securing its future development through patent protection. 

This data is sourced from the Harrity Analytics Patent Pulse™ Report on Artificial Intelligence.  For more information about the Patent Pulse™ Report visit our website HERE, download a complimentary Patent Pulse Report HERE, or contact Harrity Analytics HERE. 

 

Who’s Conquering the AI Globe?  The Patent Showdown Between Reach & Influence

By Ayana Marshall, Patent Data Analyst

The scope of Artificial Intelligence (AI) patents is a key indicator of innovation and global reach in the field.  The chart in the image arranges the companies by two metrics: the influence of their patents, indicated by average forward citations, and the international expanse of their patent holdings, revealing a strategic dimension to how AI advancements are being staked worldwide. 

Tech Titans in the Spotlight: Microsoft and Alphabet Inc. Lead the Charge 

The bubble chart was used here to assess the breadth of jurisdiction and citation impact of AI patents. Geographic coverage is plotted on the x-axis and average forward citations are plotted on the y-axis.  The following are the highlights from the chart: 

  • Microsoft & Alphabet Inc. Lead: Both companies secure top positions in AI patent rankings, highlighting extensive patent counts and wide international presence. 
  • Citation Impact: Alphabet Inc. has the highest average forward citations with Microsoft closely following. 
  • Other Notable Companies: Toyota Motor Corporation, Samsung Electronics, Huawei, and Robert Bosch. also feature with significant geographic coverage and citation impacts. 
  • Citation Prominence: Baidu, Tencent, and Ping An Insurance are notable because of their citation counts. 

Unveiling the Global AI Innovation Map: A Closer Look at Tech Titans 

The positioning of companies across the chart illuminates the reach of their AI endeavors.  This visual guide offers a look into the scale and influence of each technology titan’s AI patent portfolios.  This data is sourced from the Harrity Analytics Patent Pulse™ Report on Artificial Intelligence.

For more information about the Patent Pulse™ Report visit our website HERE, download a complimentary Patent Pulse Report HERE, or contact Harrity Analytics HERE. 

Navigating New Horizons: Elaine’s Quest for Work-Life Harmony in IP Law Continues

 

Last week, we embarked on an insightful exploration into Elaine’s transformative journey within the Intellectual Property (IP) law landscape—a narrative that resonated deeply with many in our community. As we continue with the second installment of “Navigating New Horizons,” Elaine’s quest for work-life harmony in the demanding world of IP law gains new depth and dimension.

Elaine’s transformation from a full-time associate to a part-time employee in the wake of motherhood marked the beginning of her unique journey through the world of IP law—a journey characterized by its challenges, learning curves, and triumphs. Her bold request for additional leave, following the birth of her second child, was met with refusal, highlighting the rigidities still present within some corners of the legal profession. This pivotal moment spurred Elaine to seek out opportunities that aligned more closely with her values and vision for a balanced life.

The serendipitous offer from a larger general practice firm, ready to embrace her on terms that respected her need for flexibility, represented a turning point. Here was a chance to engage in patent preparation, prosecution, and opinion work while also being present for her family—a blend of professional and personal fulfillment that had previously seemed elusive.

Yet, as Elaine settled into this new chapter, the unforeseen complexities of litigation emerged, threatening the delicate balance she had worked so hard to achieve. Faced with potentially career-altering decisions, Elaine’s narrative encapsulates the ongoing struggle for work-life harmony that many legal professionals, especially parents, confront.

As we continue to follow Elaine’s journey, her story encourages a reflection on the broader implications for the legal industry. It serves as a reminder of the critical importance of fostering workplaces that are truly inclusive and adaptable, capable of supporting diverse talents and life circumstances.

Elaine’s narrative is more than just a personal story; it’s a call to action for the legal profession to prioritize diversity, inclusion, and flexibility. As she navigates the complexities of IP law and motherhood, her experiences illuminate the path toward a more equitable and supportive industry. By championing professionals like Elaine, who seek to balance the scales of career and family, the legal community can take meaningful steps towards creating environments where every lawyer has the opportunity to thrive, irrespective of their personal responsibilities.

Want more Driving Diversity? Check out other videos with Elaine Spector here!

Decoding the Signature: The Influence of Patent Examiner Authority on Patent Outcomes

Navigating the patent application process can feel like a complex chess game, where understanding the moves of patent examiners plays a critical role in strategy. In this week’s ‘The Precise Prosecutor’, George Howarah provides a deep dive into a less discussed but highly impactful aspect of the patent examination process: the significance of a patent examiner’s ability to sign their own office actions and what it means for applicants.

The Significance of Examiner Levels

At the heart of the patent examination process is the General Schedule (GS) pay scale, which ranges from GS-5 for junior examiners to GS-15 for the most senior. This scale is not just a measure of experience but also a reflection of authority within the United States Patent and Trademark Office (USPTO).

A key transition occurs when examiners reach the GS-13 level, granting them partial signatory authority. This allows them to independently sign all non-final office actions, a significant marker of trust and responsibility within the USPTO. The journey from a junior GS-5 examiner to a GS-13 with this level of autonomy involves a rigorous evaluation of job performance, emphasizing the quality of work.

From Junior to Primary: The Path to Full Authority

Achieving primary examiner status, where one can sign all types of office actions including final ones, requires even more. Examiners must successfully complete a specialized program designed to evaluate their readiness for this level of independence. This designation as a primary examiner signifies a level of expertise and authority that directly impacts the patent application process.

Why It Matters to Patent Applicants

For patent applicants, the distinction between junior and primary examiners is crucial. An office action signed by a junior examiner who lacks the authority to issue final decisions might not have undergone the same level of scrutiny as those reviewed by a primary examiner. This is especially critical in complex technological areas or in nuanced legal scenarios, where experienced oversight is paramount.

George emphasizes the practical step of examining the examiner’s signature on office actions. This isn’t about undermining the capability of junior examiners but rather about understanding the depth of review and expertise your patent application is receiving. A signature from a primary examiner indicates a thorough vetting process, reflecting a higher degree of reliability and authority.

The level of authority a patent examiner holds can significantly influence the patent examination process. By understanding the implications of examiner signatures, applicants can gain insights into the level of scrutiny their application has undergone, informing their responses and strategies. George’s expert insights offer a critical lens through which applicants can navigate the patent process more effectively, especially in fields where the complexity of technology and law intersect.

Want more Precise Prosecutor? Check out other videos with George Howarah here!

Navigating New Horizons: The Journey of a Lawyer Mom in the World of IP Law

April brings not just the promise of spring but also stories of resilience and determination that inspire and empower. In this week’s #DrivingDiversity, Elaine Spector opens up about her odyssey in the legal field—a journey punctuated by trials and tribulations but also by immense growth and learning.

Starting in 1996 at a small firm in Bethesda, Elaine plunged into the vast ocean of IP law, where she had the fortune of exploring every facet of the discipline. This initial foray was not just a job; it was a crucible that honed her skills and shaped her into a formidable associate.

The leap from a small firm to a larger IP boutique marked a significant phase in Elaine’s career. Here, she became the go-to associate for those unpredictable Friday 4 PM calls, a testament to her reliability and dedication. Her days, stretching from 7 AM to 7 PM, including weekends, epitomized the commitment required in the high-stakes world of IP law.

However, the arrival of Elaine’s first child marked a pivotal moment, compelling her to confront the reality many women in law face—the daunting challenge of balancing a demanding career with motherhood. The decision to reduce her hours from 1800 to 1200 annually was a bold step towards seeking balance, yet it was met with a compromise that barely skimmed the surface of her needs. The agreement to work from home on Fridays, while maintaining this arrangement under wraps —presented its own set of challenges, highlighting the complexities of navigating career and family life in silence.

This untenable situation eventually led Elaine to a crossroads, prompting her to leave the firm in search of a more accommodating work-life balance. Her story leaves us on the edge of our seats, wondering if the utopia of balance exists within the legal profession.

Elaine’s journey underscores a broader dialogue on the need for structural changes within the legal industry to support women. It’s a call to action for firms to not only accommodate but embrace flexible working arrangements, fostering an environment where talent thrives alongside parenthood. As we await the next chapter in Elaine’s story, her experiences serve as a catalyst for conversation and action, inspiring both individuals and organizations to advocate for policies and cultures that empower women in law to thrive in all aspects of their lives.

Want more Driving Diversity? Check out other videos with Elaine Spector here!

Unveiling the USPTO’s Examiner Production System: Strategic Insights for Patent Prosecutors

Navigating the patent examination process at the United States Patent and Trademark Office (USPTO) requires more than just a deep understanding of law and technology—it demands insight into the operational metrics that drive examiner behaviors, notably the production system.

Understanding the Examiner Production System

At the core of the USPTO’s operational efficiency is a metric system known as “counts,” a performance evaluation tool that transcends traditional hour-based assessments. Examiners are evaluated based on their ability to meet specific count quotas within each bi-weekly period. These quotas are influenced by several factors: the examiner’s seniority, the technological complexity of the art unit assigned, and the total examining hours available in the pay period.

This system necessitates that senior examiners, due to their experience, are expected to meet higher count quotas. Meanwhile, examiners handling applications in technologically advanced or complex art units are allotted fewer counts, acknowledging the intricate nature of their examination tasks.

How Counts Are Earned

The allocation of counts is strategically set to ensure efficiency and productivity:

  • A first Office Action on the merits awards an examiner 1.25 counts.
  • Completing a final Office Action earns 0.5 counts.
  • If an application is abandoned or an RCE (Request for Continued Examination) is filed, the examiner receives 0.5 counts.
  • After an RCE is submitted, any subsequent Office Action, typically non-final, yields one count, with an additional 0.5 counts for a final Office Action, another RCE, or abandonment.

It’s critical to understand that the earning of counts is not directly correlated with the time spent on each Office Action, underscoring the USPTO’s emphasis on results over time spent.

Strategic Considerations for Patent Prosecutors

The examiner production system significantly impacts patent prosecution strategies. Examiners are under a structured time constraint to review applications, especially during final Office Actions. This makes it imperative for attorneys to submit clear, concise, and strategically focused amendments and arguments. Ensuring that your submissions are easily understandable can facilitate the examiner’s review process, potentially speeding up the examination process and improving the chances of patent grant.

A thorough comprehension of the USPTO’s examiner production system is invaluable for patent prosecutors. By aligning submission strategies with the nuances of the system, attorneys can navigate the patent application process more effectively, improving outcomes for their clients. Understanding how examiners are motivated and measured can transform a potentially opaque process into a more predictable and navigable path to patent approval.

Want more Precise Prosecutor? Check out other videos with George Howarah here!

Bridging the Gap: Empowering Women in STEM to Explore Careers in Patent Law

In a world where career paths are as diverse as the individuals pursuing them, the journey of discovering one’s true calling can be filled with unexpected turns and revelations. This holds particularly true in the intersecting realms of STEM and law, where the unique profession of patent law resides—a field that marries the precision of science and engineering with the intricacies of legal expertise. As we reflect on Women’s History Month, it’s essential to spotlight the opportunities that exist for women in STEM to venture into the lesser-known territories of patent law, embodying the potential to innovate, protect, and advocate for groundbreaking inventions.

The inspiration to bridge the divide between STEM and patent law often starts with a personal narrative—a story of discovery, influence, and ambition. Take, for instance, the journey of a child fascinated by mathematics, whose early inclinations were nurtured by a mechanical engineer father. This innate curiosity to solve and fix, combined with an unexpected prowess in debate, laid the groundwork for an unforeseen career prospect: becoming a patent attorney.

The revelation that a career in patent law does not require one to choose between a love for science and a passion for law, but rather, celebrates the combination of both, is a turning point. It’s the story of realizing that with a background in hard sciences, such as mechanical engineering, one could embark on a legal career specialized in protecting intellectual property.

Yet, this realization brings to light a significant challenge: the lack of awareness among many students about the viability of patent law as a career path. This gap in knowledge is especially pronounced among women in STEM, who, despite their growing numbers in technical fields, remain underrepresented in patent law. The importance of role models, mentors, and informative networks cannot be overstated in bridging this gap, highlighting the need for initiatives that introduce women to the profession.

As we close Women’s History Month, the call to action becomes clear: to spread the word about the opportunities within patent law for women with STEM backgrounds. The upcoming “Harrity for Parity: Women’s Patent Workshop” is more than an event; it’s a stepping stone for undergraduate women in STEM to explore a career that not only needs their expertise but desperately seeks their perspective and innovation.

The journey from a child’s curiosity in math and science to a professional career in patent law exemplifies the importance of information, guidance, and encouragement in navigating one’s career path. It underscores the critical role that awareness plays in opening doors to diverse career opportunities for women in STEM. By becoming the bridge for others, we can ensure that more women not only become aware of careers in patent law but are also empowered to pursue them. Let us all be part of this movement to diversify the field of patent law, ensuring it benefits from the brilliant minds of women in STEM. Join the conversation, spread the word, and let’s pave the way for future generations of women patent attorneys.

Want more Driving Diversity? Check out other videos with Elaine Spector here!

Navigating Allowable Subject Matter in Patent Applications: Strategies for Success

Navigating the patent process is a nuanced journey, especially when responding to first office actions that indicate allowable subject matter alongside dependent claims. In this week’s #ThePreciseProsecutor, George Howarah provides a strategic blueprint to approach this scenario, ensuring that patent applicants can make informed decisions that enhance the value of their applications.

The Foundation of Analysis
Upon receiving a first office action that identifies allowable subject matter, it’s critical not to rush into incorporating these suggestions or, conversely, dismissing them out of hand. George advocates for a deliberate approach that scrutinizes the office action with fresh eyes.

1. Unbiased Analysis: The First Step
Begin your evaluation as though the office action did not specify allowable subject matter. This involves a deep dive into the inventive concept of your application and its encapsulation within the claims, ensuring you fully grasp the innovation at hand without any preconceptions.

2. Assessing the Strategic Scope
How does the allowable subject matter’s scope compare to related applications or patents? A close similarity, especially with the independent claims of a parent application, might diminish its strategic value, suggesting that the new allowable matter may not substantially enhance your patent portfolio.

3. Business Value: A Key Consideration
The commercial impact of the allowable subject matter is paramount. If it fails to encompass a critical standard or product feature your business targets, its utility may be limited. This assessment helps prioritize modifications that align with your strategic business objectives.

4. Balancing Scope and Substance
Evaluate whether the allowable subject matter presents a reasonable scope and if it’s merely ancillary to your application’s core invention. Sometimes, what’s allowed is too narrow to warrant incorporation in its initial form. Instead, look for opportunities to negotiate or amend claims for a broader, more impactful scope.

Beyond the Initial Action: A Proactive Stance
Exploring broader subject matter than what is initially indicated as allowable can be a wise strategy. Engaging in a dialogue with the patent office or preparing amendments can often lead to securing more comprehensive protection, potentially at a more opportune time.

Addressing a first office action with a strategic mindset can transform a routine step in the patent process into a pivotal opportunity for enhancing your intellectual property portfolio. By adopting George Hawara’s methodical approach, applicants can not only navigate the complexities of office actions but also position their inventions for maximum impact and protection.

Navigating through the patent application process, particularly in responding to office actions, demands a strategic outlook that evaluates the invention’s core, its market relevance, and the tactical deployment of allowable subject matter. Following George’s strategic framework provides a pathway not just to patentability but to securing valuable, enforceable patent rights.

Want more Precise Prosecutor? Check out other videos with George Howarah here!

Navigating the Legal Landscape: The Supreme Court and the Future of Diversity in Education

Amidst the turbulence stirred by last year’s landmark affirmative action decision and subsequent legal challenges, the Supreme Court’s recent inaction regarding a high-profile lawsuit has cast a ray of hope across the landscape of educational diversity. This moment serves as a critical juncture for proponents of diversity in the legal field, where the balance between meritocracy and inclusivity stands in stark relief. The refusal to review the lawsuit against the Thomas Jefferson High School for Science and Technology (TJ) in Northern Virginia offers not just clarity but also an affirmation of innovative approaches to admissions policies. This week’s #DrivingDiversity blog post ventures into this pivotal development, unraveling its significance for the evolution of diversity in educational admissions and the broader implications for equitable access to education.

From Concern to Clarity

The legal challenges mounted by the American Alliance for Equal Rights against several notable law firms had cast a shadow of apprehension over diversity efforts within the legal community. At the heart of this anxiety was the fear of a domino effect that might erode admissions policies designed to uplift economically disadvantaged applicants. The backdrop of this unease was a landscape fraught with uncertainty about the sustainability of diversity initiatives.

A Turning Point

Yet, as the dust settles, the Supreme Court’s decision to sidestep the lawsuit against TJ marks a watershed moment. In revising its admissions policies in 2021 to align with a merit-based approach pioneered in Texas in 1997, TJ has not only preserved but enhanced its commitment to diversity. By selecting the top 1.5% of students from each public middle school in the area, the school dramatically broadened its demographic and socioeconomic diversity, steering clear of explicit racial criteria. This strategy represents a significant victory for advocates of inclusivity, illustrating a viable pathway to enriching educational diversity through merit-based practices.

The Path Forward

The case of TJ serves as a compelling example of how educational institutions can navigate the challenging waters of admissions policies in a post-affirmative action era. It underscores the potential for creating environments that are both diverse and inclusive, without sacrificing the principles of merit and excellence. The Supreme Court’s stance offers a glimmer of hope and a blueprint for the future, highlighting that progress towards equitable education is both possible and necessary.

While we celebrate these victories, we also acknowledge the long road ahead. The dream of universal access to quality education remains just that—a dream for many. However, the advancements at TJ remind us of the power of resilience, innovation, and the collective pursuit of a more inclusive future.

The journey towards diversity and inclusion in the legal and educational sectors is fraught with challenges, yet it is imbued with the potential for profound societal impact. The Supreme Court’s recent actions serve not only as a testament to the resilience of diversity initiatives but also as a guiding light for the future. As we continue to navigate this complex landscape, let us draw inspiration from the successes and remain steadfast in our commitment to ensuring that all children, irrespective of their background, have access to the quality education they rightfully deserve. Together, we can make this vision a reality, one step at a time.

Want more Driving Diversity? Check out other videos with Elaine Spector here!

Streamlining Patent Prosecution: A Proven Strategy for Navigating Office Actions

The journey toward patent approval is often complex, marked by the critical juncture of responding to an office action. George Howarah offers a strategic blueprint for addressing these challenges, providing a systematic approach to enhance the efficiency and effectiveness of patent prosecution efforts.

Step One: Claim Analysis

The journey begins with a comprehensive analysis of the claims, particularly focusing on the independent claims. George underscores the importance of grasping the full scope of these claims as they encapsulate the essence of the inventive concept. This step is foundational, setting the stage for a targeted and informed response.

Step Two: Office Action Review

The next phase involves a meticulous review of the office action, paying close attention to the nature of the rejections and the specifics of the cited prior art. George points out the potential to challenge the relevance of prior art based on its date or ownership. This critical evaluation is pivotal for developing a strategic plan of attack.

Step Three: Specification Examination

Central to George’s approach is a thorough examination of the patent’s specification. This in-depth review ensures a profound understanding of how the invention is described and claimed, facilitating a more accurate alignment between the invention and the claims. This deep comprehension is vital for identifying the strongest possible position in response to the office action.

Step Four: Developing the Response Strategy

Finally, George focuses on crafting a tailored response strategy. This involves identifying the core inventive concept within the independent claims and evaluating the examiner’s cited references for their applicability and interpretation. Depending on the examiner’s rationale, George suggests either proposing strategic amendments to the claims or preparing cogent arguments to underscore the invention’s novelty and non-obviousness.

George’s structured approach demystifies the process of responding to office actions, offering patent practitioners a clear, step-by-step guide to navigating these waters. By adopting this methodical strategy, inventors and attorneys alike can improve their chances of advancing through the patent prosecution process successfully, ensuring their innovations receive the protection they deserve.

Want more Precise Prosecutor? Check out other videos with George Howarah here!

Beyond the Marker: Equal Pay Day and the Legal Sector’s Call for Action

In the landscape of modern justice, the battle for equal pay remains a glaring contradiction. Equal Pay Day, observed on March 12th, underscores a reality we can no longer ignore – the persistent wage gap between genders. It’s a day that forces us to reckon with the fact that women have to work significantly longer into the next year to earn what men did in the previous one. This revelation comes not from the fringes of our society but straight from the legal sector, a realm dedicated to upholding fairness and justice.

The irony is not lost on us. The legal profession, built on the principles of equity and justice, finds itself at the heart of this ongoing struggle for wage parity. The call for action is clear and unequivocal: it’s time to disrupt the status quo. The message is a rallying cry for everyone, urging them to amplify their voices using #equalpay, share personal stories, and engage in conversations that matter. The goal is to create a groundswell of support that cannot be ignored, pushing for systemic changes that ensure equal pay is not just an ideal but a reality.

Moreover, the emphasis on male allies participating in this movement is crucial. Equal pay is not solely a women’s issue; it’s a societal one that affects us all. When women are paid fairly, the benefits ripple through families, communities, and economies. Thus, the call to action extends beyond gender lines, inviting everyone to play a part in rectifying this injustice.

As we reflect on Equal Pay Day, let’s recognize it not just as a marker of how far we’ve come, but more importantly, how far we still have to go. The fight for equal pay in the legal profession and beyond is a testament to the broader struggle for gender equality and justice. It’s a call to action for all of us to engage, advocate, and push for change. The path to equality requires relentless effort, solidarity, and a commitment to justice for all. Let’s make equal pay a reality, not just for the sake of fairness, but for the future we all share.

Want more Driving Diversity? Check out other videos with Elaine Spector here!

AI Titans: Who’s Dominating the Patent Universe

By Ayana Marshall, Patent Data Analyst

In the rapidly advancing field of technology, Artificial Intelligence (AI) is a notable area of focus.  This field, where machines are designed to simulate human intelligence, is a center of both innovation and patent competition.  Key players in this arena are major companies that are not only involved in developing AI but also in securing their developments through patents.  These leading companies are actively engaging in AI research and development, and through their patent filings, they are protecting their innovations.  This activity plays a significant role in the ongoing evolution of AI technology and its integration into various industries. 

Global Players: Patent Powerhouses Shaping the Future 

The Top Companies bar chart above illustrates the total patents and total pending applications in AI held by various global corporations.  The following are some highlights: 

  • Leading Patent Holder: Alphabet Inc. holds the highest number of total patents, indicating significant investment in AI. 
  • IBM & Baidu Presence: International Business Machines Corp. (IBM) and Baidu, Inc. follow closely in patent counts, highlighting their roles as major players in AI development. 
  • Samsung’s Pending Applications: Samsung Electronics Co., Ltd. has a notably higher number of pending applications than granted patents. 
  • Varied Company Involvement: Microsoft Corporation, Tencent Holdings Ltd, Toyota Motor Corporation, and Amazon.com, Inc. are also key contenders with substantial patent portfolios. 
  • Ping An Insurance’s AI Focus: Ping An Insurance (Group) Company of China, Ltd. is recognized for its considerable AI patent portfolio. 
  • Manufacturing Companies + AI: Robert Bosch GmbH and Siemens AG, known for manufacturing, have significant AI patent activities, underlining AI’s cross-sector impact. 
  • Technology & Automotive Dominance: The chart emphasizes the strong involvement of technology and automotive companies in AI patent holdings. 

Tracing the Trajectory of AI Patent Publications 

Expanding on the context of patent holdings, the line graph above spans from 2014 to 2023.  The following are the highlights: 

  • Upward Trend:  The Publication Trend shows a fluctuating but overall increasing trend in AI patent publications from 2014 to 2023. 
  • Growth in Publications:  There’s a 7.6% annual increase in AI patent publications in the three years up to 2023. 
  • 2019 as a Milestone Year:  The year 2019 is highlighted as a significant year, marking the start of a noticeable rise in the number of AI patent publications. 

This overview introduces the major industry players and the publication trajectory in AI innovation, offering insights for understanding AI development and patenting.  This data is sourced from the Harrity Analytics Patent Pulse™ Report on Artificial Intelligence. 

For more information about the Patent Pulse™ Report visit our website HERE, download a complimentary Patent Pulse Report HERE, or contact Harrity Analytics HERE.

102 Blocking Patents as an Indication of High-Quality AI Patent Portfolios

By Ayana Marshall, Patent Data Analyst

The hottest area for patenting globally is in Artificial Intelligence (AI) innovation, and one indicator of the quality of patent portfolios in the AI space is the number of 102 blocking patents.  102 blocking patents are patents cited by an examiner as a 102 reference in an office action at the USPTO (United States Patent and Trademark Office).  These Gate Keepers are building high quality patent portfolios that protect their innovation and keep other competitors from patenting similar inventions in AI. 

The table above shows a list of major technology companies, referred to here as “Gate Keepers,” that have obtained the most blocking patents related to Artificial Intelligence (AI).  The following are the highlights from this table: 

  • Alphabet Inc. holds the highest number of blocking patents, totaling 1,145. 
  • Microsoft Corporation follows with 1,068 blocking patents. 
  • Amazon.com, Inc. has 671 blocking patents. 
  • The list includes a mix of technology, automotive, and industrial companies. 
  • Notable entries include Samsung Electronics with 663 patents and IBM with 670 patents. 
  • Companies such as Meta Platforms, Inc. and Ford Motor Company also feature on the list with 200 and 190 patents, respectively. 

Now that we know which companies have the most blocking patents, we can now look at who is being hindered the most by 102 blocking patents.  The table below shows the list of major technology companies, referred to here as the “Hindered,” that have had the most AI patents cited against them in a 102 rejection. 

The following are the highlights from this list of companies: 

  • IBM at the Forefront: International Business Machines Corp. (IBM) leads with 994 patents impacted by 102 blockages. 
  • Samsung & Microsoft Affected: Samsung Electronics Co., Ltd. and Microsoft Corporation also faced significant numbers of blocked patents, with 677 and 618, respectively. 
  • Notable Tech Giants: Alphabet Inc. and Toyota Motor Corporation are among other technology giants, with 508 and 462 blocked AI patents, hinting at the competitive landscape they navigate. 
  • Intellectual Property Challenges: Companies like Intel Corporation and Baidu, Inc. also experienced several patent blockages. 
  • Broad Industry Impact: The list includes a diverse range of companies from different industries, showing that patent blockages in AI are a common challenge across the technology sector. 

This data highlights that the AI technology landscape includes companies that, while pushing the boundaries of AI, encounter significant hurdles in the form of 102 blocked patents.  The challenges faced by these companies underscore the importance of strategic patent management and the potential for collaboration or negotiation in advancing the field of AI.  Despite these obstacles, the continued efforts and resilience of these companies fuel the progress and expansion of AI technologies globally. 

This data is sourced from the Harrity Analytics Patent Pulse™ Report on Artificial Intelligence. For more information about the Patent Pulse™ Report visit our website HERE, download a complimentary Patent Pulse Report HERE, or contact Harrity Analytics HERE.

Transforming Examiner Interviews into Opportunities: A Practical Guide

Navigating the patent prosecution landscape requires more than just legal expertise; it demands a nuanced understanding of the human elements that influence the process. Examiner interviews are a pivotal aspect of this journey, offering unique opportunities to directly influence the outcome of a patent application. George Howarah shares his refined approach to these interviews, combining technical acumen with strategic interpersonal engagement.

The Importance of Personal Connection

George begins by emphasizing the importance of establishing a personal connection with the examiner. Before diving into the technicalities, he spends a few minutes asking about the examiner’s wellbeing and any updates from the patent office. This approach is not just about pleasantries; it’s a strategic move to make the interview less contentious and foster a collaborative atmosphere. Such a rapport encourages the examiner to be more open to discussion, laying the groundwork for a productive conversation.

Presenting the Invention and Claims

Another crucial part of George’s strategy is how he presents the invention and the claims. He carefully selects drawings that directly support his arguments and articulates the essence of the invention in his own words, steering clear of the complex language often found in claims. This approach not only aids in mutual understanding but also allows the examiner to view the invention from the attorney’s perspective, facilitating a more meaningful discussion about the application’s merits.

The Path to Agreement

The goal of any examiner interview is to reach some form of agreement that advances the patent application towards allowance. George shares his structured method for negotiating claim amendments, starting with the ideal outcome and gradually addressing more specific concerns. This step-by-step negotiation is designed to find common ground, however small, which can be crucial for prosecution estoppel and avoiding future legal hurdles.

George’s approach to examiner interviews is a testament to the power of preparation, personal connection, and precise argumentation. By adopting these strategies, patent attorneys can enhance their chances of success, transforming a daunting process into a manageable and even rewarding experience.

So, How Do You Conduct Examiner Interviews?

George’s methods are a blend of art and science, offering a proven framework for engaging with patent examiners effectively. But the field is wide open for discussion: How do you approach examiner interviews?

Want more Precise Prosecutor? Check out other videos with George Howarah here!

Apple Vision Pro: A Patent Look at the New Entrant in Virtual Reality

By Ayana Marshall, Patent Data Analyst

Introduction 

Virtual Reality (VR) has evolved from a futuristic concept to an everyday reality, and with Apple’s launch of the Vision Pro headset, the technology giant is now staking its claim in this innovative field.  This article takes a closer look at the Vision Pro, examining how it fits into an already dynamic market and patenting landscape, and what its arrival signifies for the future of VR. 

Overview of Apple’s Vision Pro 

The Apple Vision Pro is designed for seamless integration across the Apple ecosystem, enhancing the user experience on all Apple devices. 

Computational Power, Latency, and Memory Bandwidth 

Powered by the M2 chip, the Vision Pro balances high-speed processing with energy efficiency, further enhanced by a 10-core GPU and a 16-core Neural Engine.  With 16GB of unified memory, it supports efficient data processing and multitasking.  The introduction of the R1 chip reduces photon-to-photon latency to 12 milliseconds, enhancing immersion and minimizing motion sickness, while a 256GB/s memory bandwidth ensures responsive VR interactions. 

Display Technology, Audio Technology, and Media Playback 

Its display employs micro-OLED technology with 23 million pixels, delivering visuals supported by a wide color spectrum and variable refresh rates for smooth motion.  An array of advanced sensors and cameras enables environmental mapping and motion tracking, complemented by passthrough technology that blends virtual and physical spaces for enhanced user awareness.  The Vision Pro’s immersive audio experience, enriched by Spatial Audio with dynamic head tracking, personalized audio ray tracing, a six-mic array with directional beamforming, and ultra-low-latency connections with AirPods Pro (2nd generation).  Additionally, extensive support for audio and video formats ensures high-fidelity content consumption. 

Operating System, Battery Life and Charging 

visionOS, Apple’s platform for spatial computing, is the operating system for the Vision Pro.  This operating system enhances the VR experience by leveraging the device’s advanced hardware for seamless navigation and immersive applications, integrating tightly with the Apple ecosystem.  It supports eye and hand controls and is compatible with physical keyboards, trackpads, and game controllers.  The Vision Pro’s optimized battery life supports extended use, and advanced connectivity options with Wi-Fi 6 (802.11ax) and Bluetooth 5.3 provide reliable streaming and device pairing. 

Input Methods, Ergonomics and Physical Design 

Input versatility includes interactions through hands, eyes, voice, and supported accessories like keyboards, trackpads, and game controllers, broadening usability.  Items can be chosen simply by gazing at them and tapping fingers together, while pinching, dragging, zooming, and rotating objects can be accomplished using specific hand gestures.  The adjustable Interpupillary Distance (IPD) and the device’s lightweight design provide visual comfort and ease of use. 

Security and Accessibility Features 

Security is a priority, with Optic ID offering iris-based biometric authentication, encrypting data securely to protect user privacy.  A key aspect of the Vision Pro is its comprehensive accessibility features, designed to empower individuals with disabilities to fully engage with their device. 

Exploring the VR Market Dynamics 

The Vision Pro enters a market with well-known products like the Sony PlayStation VR, HTC Vive, and Meta’s Quest 3.  These systems have already established their places in the VR market, creating a competitive environment for the introduction of the Apple Vision Pro. 

Patents as Innovation Indicators 

Based on data provided by the Harrity Analytics Patent Pulse™ Report on VR Hardware, the trend in VR hardware patent publications has experienced a consistent increase up to 2022, after which it levels off.  Over the past three years, there has been an annual growth of 5.8% in patent publications.  An increase in patent filings typically reflects a period of innovation, as companies seek to secure legal protection for their new inventions.  The data suggests progress in VR hardware development, pointing to the technology’s ongoing expansion and adoption.  

Analyzing the Growth of VR Hardware Patents: A Snapshot of Industry Leaders and Apple’s Position 

The chart presents data on the patent activities of leading corporations in the VR domain, specifically comparing the number of patents to the number pending applications.  This data provides a snapshot of VR technology patenting from technology giants. The following are highlights from this chart: 

  • Sony Group Corporation leads with the highest patent count. 
  • Microsoft, Meta Platforms, Magic Leap, Samsung, and Nintendo follow as top patent holders. 
  • These companies have many pending applications, showing active VR development. 
  • Apple Inc. ranks in the top 15, with fewer patents than the leaders. 

How Does Apple’s Growth in VR Patent Publications Compare to Industry Leaders? 

The following are the highlights from this chart about Apple’s publication trends: 

  • Apple’s publication growth in 3 years: 19.1%, more than triple the entire VR sector’s growth. 
  • Significant growth observed from 2019 to 2021, followed by a stable period. 
  • Growth resumed in the years 2022 to 2023. 

The Competitive Ecosystem 

As Apple’s Vision Pro joins the competitive landscape of virtual reality headsets, it stands amidst established players like Meta’s Quest series and Sony’s PlayStation VR.  Apple’s entry introduces its distinct blend of technologies and design philosophies, aiming to carve out its niche in a market that values innovation and user-centric experiences.  This environment, where companies not only compete on product capabilities but also on the intellectual property front, highlights a dynamic interplay of market strategies and technological advancements. 

The chart provides a visual comparison of the influence and scope within the VR hardware patent landscape.  Influence is gauged by the average number of citations a company’s patents receive, indicating their significance to subsequent technological developments.  Scope is measured by the length of a patent’s first claim, which can reflect the breadth of the invention’s protection.  Larger bubbles represent a higher quantity of patents held by each entity.  The following are highlights from this chart: 

  • Microsoft and Alphabet have influential patents with shorter claim lengths. 
  • Goertek and Nintendo’s patents feature longer first claims. 
  • Apple’s patents have lower influence based on forward citations and have fewer words in the first claim. 

Analyzing the Impact and Breadth of VR Patent Portfolios 

Building on the understanding of patent activity as an indicator of technological development, further analysis can be conducted by examining the nuances of patent influence against the diversity of technology within the VR sector.  Review of such metrics provides insight into how companies balance the breadth of their technological advancements with the impact of their intellectual contributions.  This approach to patent analysis offers a unique perspective on how a company like Apple, with its moderate citation influence and longer first claims, positions itself among peers in terms of technological diversity and patent influence. 

This chart offers a visual representation of the interplay between the number of forward citations—a marker of influence—and the technological diversity, as indicated by unique Cooperative Patent Classification (CPC) codes, for patents in the VR hardware domain.  The bubble sizes reflect the volume of patents each company holds.  The following are highlights from this chart: 

  • Microsoft and Alphabet have a high average of forward citations and multiple unique CPC codes. 
  • Sony and Meta Platforms demonstrate significant technological diversity. 
  • Apple holds moderate influence and technological diversity in this context. 

The Future is Now 

Apple’s Vision Pro is not the only VR headset to be introduced to the market in 2024.  The VR hardware landscape is set for potential other new releases from companies that include Valve Corporation and ByteDance.  Here is a summary of the most anticipated VR headsets: 

  1. Project Moohan: Samsung and Google are partnering to develop an advanced XR headset that leverages Samsung’s hardware capabilities and Google’s Android XR software.  This joint endeavor is positioned as a competitor to Apple’s Vision Pro, with an anticipated release in the summer of 2024. 
  2. PICO 4: Parent company Bytedance has apparently not yet launched PICO 4 in the US. 
  3. Valve VR Headset: Valve is currently working on the next iteration of its Valve Index VR headset, drawing upon its established VR expertise and extensive gaming catalogue. 
  4. Valve “Deckard”: This appears to be a new venture by Valve, which may be the successor to the Index VR system. 

While not dominating the VR landscape, the companies shown in the above image, including Valve Corporation and ByteDance Ltd., own multiple VR patents and have several applications pending.  Their portfolios, though not as extensive as some competitors, reflect active participation in the VR sector. 

Applications of VR Technology Beyond Entertainment 

It should be noted that VR technology extends well beyond gaming into various sectors including the following:  

  • VR aids healthcare by enabling simulation of medical procedures and virtual patient rehabilitation. 
  • Education uses VR for immersive learning, allowing students to virtually visit historical locations or learn complex science. 
  • Real estate employs VR for remote property tours. 
  • Design and engineering benefit from VR’s ability to create 3D models, aiding visualization, and project iteration. 
  • The entertainment industry utilizes VR for immersive films and interactive storytelling experiences. 

Conclusion 

The launch of the Vision Pro signals Apple’s commitment to the VR segment.  With Apple holding a growing position in terms of patent activity and having moderate influence and technological variety within the VR domain, Vision Pro’s future contributions to this sector are anticipated with interest.

This data is sourced from the Harrity Analytics Patent Pulse™ Report on VR Hardware.  For more information about the Patent Pulse™ Report visit our website HERE, download a complimentary Patent Pulse Report HERE, or contact Harrity Analytics HERE. 

Sources: 

https://harrityllp.com/patent-pulse-report/ 

https://www.dexerto.com/tech/upcoming-vr-headsets-2156692/ 

https://deovr.com/blog/87-upcoming-vr-headsets 

https://www.tomsguide.com/news/oculus-quest-3-release-date-rumors-specs-news#:~:text=The%20Meta%20Quest%203%20is,to%20say%20about%20that%20soon) 

https://www.youtube.com/watch?v=dtp6b76pMak 

https://www.apple.com/apple-vision-pro/ 

https://www.apple.com/apple-vision-pro/guided-tour/  

https://www.apple.com/apple-vision-pro/specs/  

https://www.apple.com/newsroom/2023/01/apple-unveils-m2-pro-and-m2-max-next-generation-chips-for-next-level-workflows/  

https://forums.appleinsider.com/discussion/233273/hands-on-with-apple-vision-pro-in-the-wild  

https://www.makeuseof.com/what-is-apples-r1-chip-how-does-it-compare-m1-and-m2/  

https://www.hardwarezone.com.sg/tech-news-samsung-and-googles-xr-headset-expected-launch-2024  

https://www.theverge.com/2023/12/13/23999883/the-pico-5-headset-might-be-canceled-but-bytedance-isnt-done-with-vr  

Inspiring Inclusion in Patent Law: Celebrating International Women’s Day with Heart

As we approach International Women’s Day on March 8th, the theme of #inspireinclusion resonates profoundly within the patent law community, particularly among those with a background in mechanical engineering. The journey towards inclusion is a personal and collective endeavor, often marked by moments of feeling out of place. Yet, it’s through these experiences that the importance of fostering an inclusive environment becomes undeniably clear. This year, we are invited to embody the spirit of inclusion in a unique and heartwarming way, symbolizing our commitment to building a more welcoming and diverse field.

Holding a degree in mechanical engineering and navigating the intricate world of patent law, experiences of feeling excluded are not uncommon. These moments, though challenging, shine a light on the vital need for inclusivity within our professional spheres. As we gear up to celebrate International Women’s Day this Friday, March 8th, the patent law community is rallying around a powerful theme: #inspireinclusion. This initiative isn’t just a call to action; it’s a movement towards embracing diversity and fostering an environment where everyone feels valued and included.

This year’s International Women’s Day is more than a celebration; it’s a declaration of unity and understanding. The #inspireinclusion theme encourages us to adopt a stance that is as meaningful as it is symbolic—a heart. This gesture is far from arbitrary. It represents the core of where inclusion begins: our hearts. It’s a poignant reminder that at the heart of inclusion lies empathy, understanding, and the willingness to embrace diversity in all its forms.

The invitation to strike the #inspireinclusion pose this Friday is open to everyone, men included, highlighting that inclusion is not the responsibility of a single gender but a collective effort that requires the participation and support of all. The gesture of forming a heart is a powerful symbol of solidarity, unity, and the shared commitment to fostering an inclusive environment within the patent law community and beyond.

As we stand together, adopting the #inspireinclusion stance, we’re not just participating in a symbolic act. We’re pledging to make inclusivity a cornerstone of our professional and personal lives. This International Women’s Day, let’s inspire inclusion by showing the world that the patent law community stands united in its commitment to diversity, equity, and inclusion.

The call to inspire inclusion this International Women’s Day is more than a theme; it’s a reflection of our collective aspiration to create a more inclusive and equitable world. By participating in the #inspireinclusion pose, we are making a statement about the values we hold dear in the patent law community. This gesture, rooted in the simplicity and universality of a heart, serves as a powerful reminder of the impact of our actions and the importance of leading with empathy and understanding. Let’s embrace this opportunity to celebrate diversity and inclusion, not just on International Women’s Day but every day. Join us in striking the #inspireinclusion pose this Friday and be a part of a movement that champions equality, unity, and the power of inclusion.

 

Want more Driving Diversity? Check out other videos with Elaine Spector here!

Trends and Implications of Decreasing Average Office Actions Per Patent at the USPTO

By Rocky Berndsen, Head of Analytics

The United States Patent and Trademark Office (USPTO) has been observing a notable trend over the past six years that could have significant implications for patent applicants and the patenting process at large. Data from 2018 through 2023 shows that the average number of office actions per patent—a metric that indicates the average number of communications between the patent examiner and the applicant before a patent is either granted or the application is abandoned—has been consistently decreasing across various technology centers (TCs).

Analyzing the Numbers

In 2018, the USPTO’s overall average stood at 1.631 office actions per patent. As of 2023, this number has dipped to 1.371, marking a significant reduction. This decrease is not isolated to a specific sector but is across the board, including high-volume TCs such as 2100 (covering Computer Architecture, Software, and Information Security), which saw a drop from 2.088 to 1.580, and 3700 (covering Mechanical Engineering, Manufacturing, and Products), which went from 1.901 to 1.551.

Shorter Time to Obtain Patents

A primary implication of this trend is a likely acceleration in the patent granting process. With fewer office actions required, the back-and-forth between the USPTO and patent applicants is reduced, potentially leading to a more streamlined examination process. For inventors and companies, this means a faster path to securing patent rights, which can be crucial for maintaining competitive edges in fast-moving industries.

Lower Costs for Applicants

Each office action typically incurs additional costs for applicants, including attorney fees and potential amendment requirements. A reduction in the average number of office actions can thus translate into lower overall costs for obtaining a patent. This could be particularly beneficial for individual inventors and small businesses for whom cost is a major barrier to securing patent protection.

Implications for Patent Quality

However, while fewer office actions suggest a more efficient process, there could be concerns about the thoroughness of patent examinations and the potential impact on patent quality. The USPTO must balance the efficiency of the examination process with the need to maintain high standards for patentability, ensuring that only novel, non-obvious, and useful inventions are granted patent rights.

Impact on Patent Litigation

A decrease in office actions might also influence patent litigation. Patents that undergo fewer office actions could be perceived as less scrutinized, potentially affecting their defensibility in court. Conversely, this trend might result in patents that are more solid due to a more focused examination process, leading to less ambiguity and fewer grounds for litigation.

Enhanced Predictability for Planning

For businesses and investors, a predictable patent examination timeline facilitates better strategic planning and resource allocation. If the trend of decreasing office actions continues, it may enable more precise forecasting of patent portfolios and related business activities.

In conclusion, the downward trend in the average number of office actions per patent at the USPTO is a positive signal for applicants looking for a quicker and less costly patenting process. However, it’s imperative that this efficiency does not compromise the quality of granted patents—a balance the USPTO is undoubtedly striving to achieve. As we watch this trend continue, the patent ecosystem may need to adapt to the evolving dynamics of patent prosecution and enforcement.

Get in Touch for Insights on USPTO Data

If the information above has sparked your curiosity or if you have specific queries about USPTO data and trends, we invite you to reach out. Understanding the intricacies of patent data can provide valuable insights for your patent strategy and decision-making process. By filling out our contact form, you’ll connect with experts who can delve deeper into the data, provide personalized analysis, and help you gain insight from USPTO data.

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Enhancing Patent Prosecution Efficiency: A Strategic Approach to Examiner Interview Agendas

The path to securing a patent is intricate, with examiner interviews marking a critical juncture where direct dialogue can significantly influence the outcome. In this week’s The Precise Prosecutor, George Howarah leverages his extensive experience in patent law, unveiling a strategic method for preparing examiner interview agendas. This approach not only facilitates effective communication but also navigates the nuances of patent prosecution estoppel.

 

Crafting an Effective Agenda
The agenda for an examiner interview is more than a mere list; it’s a strategic tool that shapes the direction of the discussion. George emphasizes the importance of this document, which also becomes a part of the official record, potentially influencing future legal interpretations.

 

Key Elements of a Successful Agenda
George’s strategy for agenda preparation encompasses several critical steps:

Issue Prioritization: Identifying and ordering relevant issues and rejections according to their significance ensures comprehensive coverage without overwhelming the examiner.

Claim Amendments and Arguments: Proposing claim amendments and providing concise arguments or specification references in the agenda can preemptively address potential objections, setting the stage for a constructive conversation.

Flexibility in Discussion: The order of discussing issues might differ from their listing, allowing for tactical adjustments based on the complexity of issues and the time available.

Preparation of Backup Options: George advocates for the readiness of alternative amendments or arguments, offering flexibility in addressing examiner concerns and enhancing the likelihood of overcoming objections.

Clarity and Organization: A bullet-pointed, well-structured agenda respects the examiner’s limited preparation time, ensuring the discussion focuses on substantive issues rather than navigational confusion.

 

Leveraging the Agenda for Success
The preparation of an examiner interview agenda, as outlined by George, is a meticulous process that requires insight into the legal and procedural nuances of patent prosecution. By emphasizing clarity, strategic issue presentation, and the anticipation of potential objections, patent practitioners can engage more effectively with examiners. This approach not only addresses the immediate challenges of a particular patent application but also fosters a collaborative environment conducive to achieving a favorable resolution.

 

The strategic preparation of examiner interview agendas is pivotal in the patent prosecution process, offering a pathway to clearer communication and more efficient resolution of issues. George’s guidelines provide a blueprint for patent attorneys and agents striving to optimize their engagement with USPTO examiners, enhancing the prospects for patent grant success.

Want more Precise Prosecutor? Check out other videos with George Howarah here!

Stella Ennals: A Legacy of Innovation and Independence

As we commemorate the end of Black History Month, it is crucial to celebrate the stories that highlight the intersection of diversity, innovation, and resilience. Stella Ennals, a black female inventor, embodies this convergence through her journey to overcome personal and systemic barriers with her groundbreaking invention. This Driving Diversity blog post aims to shine a light on Stella’s invention, a device designed to empower individuals with disabilities, showcasing her perseverance and the impact of her work on fostering independence.

In Bethesda, Maryland, Stella Ennals embarked on a journey that would not only challenge her physical limitations but also the systemic obstacles that often hinder black female inventors. Her invention, a device enabling those with disabilities to transport their own trays, was born out of a necessity for independence after a personal physical injury left her desiring more autonomy.

Stella’s path to innovation was marked by a relentless pursuit of self-sufficiency and a desire to contribute a solution that would assist others facing similar challenges. Her invention is not just a testament to her engineering ingenuity but also to her deep understanding of the everyday hurdles faced by people with disabilities. By addressing a specific need, Stella’s device offers a broader message of empowerment and inclusion, underscoring the importance of accessibility in all aspects of life.

Reflecting on Stella’s journey, it’s evident that her fortitude and persistence were her greatest assets. Her ability to navigate the patent process and bring her invention to fruition is inspiring, particularly when considering the additional layers of challenge presented by systemic biases. Stella’s story is a powerful reminder of the impact one individual can have on improving the lives of many, driven by the simple yet profound goal of enhancing independence.

Stella Ennals stands as a beacon of innovation, resilience, and independence, her story resonating deeply as we celebrate Black History Month. Her invention transcends its practical application, symbolizing the broader struggles and triumphs of black female inventors against systemic barriers. Stella’s legacy encourages current and future generations to persevere in the face of adversity, innovate for the greater good, and strive for a more inclusive and accessible world for all.

Want more Driving Diversity? Check out other videos with Elaine Spector here!

The Art of Examiner Interviews: A Strategic Approach for Success

In the complex and nuanced world of patent prosecution, examiner interviews stand out as a crucial element in navigating the approval process efficiently. George Howarah shares his invaluable insights on how to leverage examiner interviews to their full potential. This blog post delves into the strategic preparation necessary for conducting successful examiner interviews, highlighting George’s expert perspective.

Understanding the Client’s Goals

The first step in preparing for an examiner interview involves a clear understanding of the client’s objectives. Whether the aim is to expedite claim approval within a reasonable scope or ensure the claims align with a specific product or standard, identifying these goals upfront is critical. This initial clarity guides the strategy throughout the interview process, ensuring that the direction pursued aligns with the client’s expectations.

Analyzing the Prosecution History

A thorough examination of the application’s prosecution history is essential. This involves distinguishing whether the application is original, a continuation, or a divisional. Understanding the nuances between the current claims and those in previous applications helps tailor the approach to the interview. Additionally, recognizing the stage of prosecution is key. An aggressive stance might be more suitable at the beginning, whereas a more conciliatory approach could be beneficial in later stages, aiming for a middle ground that maintains the claims’ integrity.

Evaluating the Examiner’s Position

Assessing the examiner’s posture towards the application and the specifics of any rejections is another critical step. This includes reviewing past interactions for any precedents of overcoming objections and scrutinizing the current office action for potential misunderstandings or oversights by the examiner. Such an evaluation helps in anticipating the examiner’s concerns and preparing a more effective response.

Assessing the Strength of the Rejection

Finally, George emphasizes the importance of analyzing the strength of the rejection. Whether dealing with a 102 (novelty) or a 103 (non-obviousness) rejection, it’s vital to give the examiner the benefit of the doubt while also firmly advocating for the patent’s validity. This may involve deciding on the necessity of claim amendments to navigate around the rejection.

The preparation for an examiner interview is a multifaceted process that requires a deep understanding of the client’s goals, the application’s history, the examiner’s perspective, and the nature of the rejection. George’s approach showcases the importance of meticulous preparation and strategic planning in achieving successful outcomes in patent prosecution. By adopting these strategies, patent practitioners can enhance their effectiveness in examiner interviews, leading to more favorable results for their clients.

Want more Precise Prosecutor? Check out other videos with George Howarah here!

Unlocking Genius: Empowering Black Innovators in the World of Patents

In the tapestry of American history, Black innovators have woven a rich legacy of ingenuity and resilience, yet their contributions often remain underrecognized in the annals of patent law. Dr. Charles Richard Drew, a surgeon and medical researcher renowned for pioneering blood plasma storage methods, exemplifies this legacy of innovation. As we delve into his story and the broader narrative of Black excellence, a pressing question emerges: How many potential Einsteins are we overlooking in our Black communities? During Black History Month, it’s imperative to confront the stark underrepresentation of Black professionals in the patent field—a reflection of a wider systemic disparity that limits the realization of Black potential in science, technology, engineering, and mathematics (STEM).

The story of Dr. Charles Richard Drew is not just one of historical significance but also a beacon of inspiration, highlighting the transformative impact that individuals from underrepresented backgrounds can have on society. Despite such monumental contributions, the patent field reveals a disheartening disparity: while 14% of Americans identify as Black, a mere 1% of patent holders are African American. This is in stark contrast to the 7% of STEM jobs held by African Americans, underscoring a significant gap between potential and realized opportunities for innovation.

This discrepancy not only dims the prospects of individual Black innovators but also deprives society of diverse perspectives and solutions. Addressing this gap requires a multifaceted approach, focusing on foundational issues such as access to education and resources. Enhancing STEM education, providing mentorship, and ensuring access to necessary resources are critical steps towards empowering Black individuals to invent, patent, and lead in the realm of technology and innovation.

Organizations like Invent Together are leading the charge by creating accessible educational resources, such as the Inventor’s Patent Academy, that aim to demystify the patenting process and make it more inclusive. By leveraging these resources and fostering a supportive community, we can start to bridge the gap for Black innovators.

The underrepresentation of Black professionals in patent law is a glaring issue that requires immediate and sustained action. By addressing systemic barriers and providing targeted support, we can pave the way for a new generation of Black inventors and innovators who will shape the future of technology and society. Let us commit to being part of this transformative journey, recognizing and uplifting the contributions of Black innovators not just during Black History Month, but all year round. As we reflect on the legacy of pioneers like Dr. Charles Richard Drew, let’s ask ourselves how we can contribute to creating a more inclusive and equitable patent field, where every potential Einstein has the opportunity to thrive.

Want more Driving Diversity? Check out other videos with Elaine Spector here!

Harrity Ascends to 27th on the Top Patent Firms List, Showcasing Unprecedented Growth

Washington, D.C.: Harrity & Harrity, LLP has marked a significant milestone in its journey towards excellence in patent law, securing the 27th spot on the esteemed Top Patent Firms List, an annual ranking of the leading firms obtaining US utility patents each year. This remarkable ascent is not only a testament to the firm’s unwavering dedication to innovation and quality but also highlights the exceptional growth trajectory it has maintained over the past five years in the highly competitive patent legal landscape.

From its 87th rank with 306 patents in 2018 to its current standing, Harrity & Harrity has not only advanced in rank year after year but has also more than quadrupled its patent output. In 2023 alone, the firm outperformed its previous year’s achievement by almost 60%, securing 1458 patents compared to 923 in 2022. This remarkable upward momentum is reflective of Harrity & Harrity’s robust strategic focus and the high-caliber proficiency of its team.

Harrity & Harrity’s progression in the rankings is particularly impressive given its focus on primarily domestic work in the electrical, mechanical, software, and business methods patent spaces— areas that exclude the life sciences spaces and the high volume of foreign-originated work that many of its competitors handle. In fact, when you consider strictly electrical, mechanical, software, and business methods patent work, Harrity jumps to the 19th spot on the Top Patent Firms List. Furthermore, Harrity achieved its 2023 number with a comparably small team of 40 professionals, while the majority of other firms in the Top 30 have well into the hundreds.

This data-driven success narrative exemplifies the firm’s “small firm, big impact” philosophy, illustrating how a concentrated team can deliver exceptional results that rival and even surpass those of much larger firms. Harrity & Harrity’s rise in the rankings is a testament to their strategic problem-solving approach, and a clear indicator that the firm is achieving the seemingly impossible through diligence, innovation, and a commitment to quality.

Harrity & Harrity’s unique story is one of a forward-thinking firm that thrives on real-world applications of advanced patent analytics and automation technologies, setting a new standard for what a specialized patent practice can accomplish.

For more insights into Harrity & Harrity’s remarkable growth and to explore their contributions to the patent field, please contact Samantha Sullivan and we would be happy to set up an interview with one of our partners.

About Harrity & Harrity:

Harrity & Harrity is a forward-thinking patent law firm in the Washington, D.C. area, specializing in electrical and mechanical technologies. Known for its innovative approach to patent law, the firm is committed to increasing diversity in the patent field and to giving back through its various charitable initiatives. For more information, please visit www.harrityllp.com.

The Underrated Key to Patent Prosecution Success: Examiner Interviews

In the realm of patent prosecution, there’s a tool that often goes underutilized, yet holds the potential to significantly streamline the patenting process, ensuring clarity, efficiency, and a stronger patent position. In this week’s Precise Prosecutor vlog, George Howarah brings to light the importance of examiner interviews, a strategy that can pivot the usual course of patent prosecution towards more favorable outcomes.

George points out a common pitfall in patent prosecution where practitioners might lean heavily on written responses to office actions. This method, while traditional, might not always capture the examiner’s perspective accurately, potentially leading to miscommunications, unaddressed rejections, or, in some cases, creating estoppel issues that could weaken the patent’s enforceability.

Examiner interviews stand out as a solution to these challenges. Engaging in a dialogue with the examiner post-office action not only clarifies the examiner’s stance but also opens the door for direct feedback on proposed arguments or amendments. This proactive approach can lead to more precise adjustments, avoiding the back-and-forth that often characterizes patent prosecution.

George advocates for scheduling an examiner interview after every office action, highlighting the benefits he has observed in his practice. These benefits include demonstrating a commitment to the patent application, reducing the time and cost associated with obtaining a patent, and minimizing the risk of prosecution estoppel.

George’s advice to fellow practitioners is clear: leverage examiner interviews as a standard step in your prosecution strategy to foster a more efficient, transparent, and successful patent prosecution process.

Want more Precise Prosecutor? Check out other videos with George Howarah here!

Bridging the Gap: Elevating Black Inventors in the Patent System

This February, as we observe Black History Month, we turn our focus to an often-overlooked arena where black excellence continues to fight for recognition and equity: the patent system. The underrepresentation of black inventors is not just a statistical oversight; it’s a reflection of systemic barriers that have persisted for far too long. These barriers not only hinder individual aspirations but also deprive our society of diverse innovations and contributions.

The systemic challenges faced by black inventors in navigating the patent system are multifaceted. From limited access to resources and networks to the financial burdens of patenting, the obstacles are significant. However, the tide is beginning to turn, thanks to the efforts of organizations committed to fostering diversity in innovation.

Invent Together stands out as a beacon of hope, offering free online programs designed to guide first-time patent applicants through the intricate process. By demystifying the patent application process, Invent Together is breaking down one of the significant barriers to entry for underrepresented inventors.

Moreover, educational institutions across the country are beginning to recognize the importance of supporting diversity in innovation. By adopting resources like those offered by Invent Together, universities, colleges, and institutes are laying the groundwork for what we hope will be a new era of inclusivity and diversity in the field of invention and innovation.

The path toward a more inclusive patent system is long and fraught with challenges, but it’s a journey worth embarking on. By supporting initiatives like Invent Together and encouraging educational institutions to play their part, we can begin to dismantle the systemic barriers that have sidelined black inventors for too long.

As we celebrate Black History Month, let’s commit to making a difference, not just this month but every month. The contributions of black inventors, both past and present, deserve recognition and support. By working together, we can ensure that the future of innovation is as diverse as the society it aims to serve.

Visit TIPA’s site to learn more and help us empower the next generation of inventors. Your support can change the course of history.

Want more Driving Diversity? Check out other videos with Elaine Spector here!

Elaine Spector Provides Data-Driven Perspective at 2024 AIPLA DEIA Colloquium

In an inspiring gathering at the 2024 AIPLA DEIA Colloquium in Puerto Rico, Elaine Spector, Partner at Harrity & Harrity, LLP, provided an enlightening presentation that underscored the crucial role of diversity, equity, inclusion, and accessibility (DEIA) in fostering innovation, entrepreneurship, and creativity within the intellectual property (IP) realm. This significant event, held in partnership with the Intellectual Property Institute of Canada (IPIC), ASIPI, and Invent Together, served as a platform for thought leaders to exchange insights and advance the conversation around DEIA in the IP field.

Elaine’s presentation delved into the current state of diversity in IP law, offering a comprehensive, data-driven analysis that illuminated both the progress made and the challenges that lie ahead. By leveraging empirical evidence, she highlighted the underrepresentation of diverse groups in the patent field and the untapped potential this presents for innovation. Elaine’s adept use of data not only provided a clear picture of the current landscape but also underscored the importance of strategic efforts to enhance diversity within the profession.

Elaine Spector on DEIA Panel

A standout moment of the colloquium for Elaine was meeting Aina Breen, a patent agent hired by Harrity out of our Patent Pathways™ program.  Patent Pathways™ is a groundbreaking 501(c)(3) organization that aims to bridge the diversity gap in the patent field by offering free training and mentorship to individuals interested in becoming patent professionals who are currently facing underrepresentation and socioeconomic barriers.

“The icing on the cake was meeting our extraordinary Patent Pathways™ (a 501(c)(3) organization) hire Aina Breen. Aina has a degree in mechanical engineering and rocked the patent bar exam on her first try! What an honor it is to know her and mentor her, and now, to meet her in person!” Elaine shared on LinkedIn.

Aina’s presence at the colloquium embodied the success of targeted efforts to foster inclusivity and support underrepresented talent in the IP sector.

Elaine Spector and Aina Breen

Elaine Spector’s participation in the 2024 AIPLA DEIA Colloquium not only reinforced Harrity & Harrity’s dedication to advancing DEIA in the IP field but also sparked meaningful discussions on how to continue this important work. Through a combination of data-driven insights and real-life success stories, the presentation highlighted the firm’s strategic approach to nurturing a more diverse, equitable, and inclusive environment for innovation.

As we reflect on the insights shared at the colloquium, it’s evident that while strides have been made, the journey toward full inclusivity and representation in the IP field continues. Harrity & Harrity remains at the forefront of this endeavor, committed to leveraging data and real-world outcomes to guide their efforts in making the patent world a more diverse, innovative, and accessible place.

For more information about Harrity & Harrity’s diversity initiatives and services, please visit harrityllp.com/diversity.

Harrity Wins ‘Patents Law Firm of the Year in Virginia – 2024′

Harrity & Harrity, LLP and John Harrity Awarded Patents Law Firm & Patents Lawyer of the Year in Virginia – 2024 by Corporate International

Harrity & Harrity, LLP is honored to announce that John Harrity has been named the ‘Patents Lawyer of the Year in Virginia – 2024,’ with the firm winning ‘Patents Law Firm of the Year in Virginia – 2024’ by Corporate International, a prestigious recognition as part of their 17th Global Awards. This award celebrates our commitment to excellence in the patent law field and underscores our dedication to innovation, quality, and diversity in our practices.

The Corporate International Global Awards mark a significant achievement in the legal industry, highlighting firms and individuals who have demonstrated outstanding merit and competence in their respective fields. The selection process is comprehensive, involving nominations from peers, evaluation of our work, consideration of our firm’s rankings, the expertise of our partners and directors, our previous awards and recognitions, network affiliations, reputation in the legal community, contributions to publications, and participation in speaking engagements.

This year’s awards were the most competitive to date, with a record number of nominations received. Being chosen as a winner from such a distinguished pool of nominees not only reflects the high caliber of our team’s expertise but also our consistent ability to exceed the expectations of our clients and peers.

This recognition is a testament to our firm’s unwavering commitment to fostering diversity, driving innovation, and delivering high-quality patent services. It is also a reflection of our dedication to supporting our clients in protecting their intellectual property in the computer, electrical, and mechanical fields.

We thank Corporate International for this honor, to our clients for their trust and collaboration, and to our dedicated team for their hard work and commitment to excellence. This award motivates us to continue our efforts in making significant contributions to the patent field, pushing the boundaries of what is possible, and maintaining our status as a leader in the legal community.

We look forward to continuing to serve our clients with the highest standards of quality and professionalism and to furthering our contributions to the legal field through our innovative practices and dedication to diversity and charity.

Harrity & Harrity, LLP remains committed to improving the patent field and creating a progressive, innovative workplace. We are proud of this recognition and excited about the opportunities it brings to further elevate our firm and the services we provide to our clients around the globe.

About Harrity & Harrity, LLP

Harrity & Harrity, LLP is a boutique patent law firm specializing in electrical, mechanical, and computer technologies. Based in the Washington, D.C. area, the firm is committed to fostering an innovative, progressive, and inclusive workplace. With a nationally dispersed remote team of skilled patent attorneys, patent agents, and support staff, Harrity & Harrity is at the forefront of providing high-quality, efficient, and automated patent services.

 

Maximizing Patent Value: A Strategic Approach to Claim Management

In the intricate world of patent filings, understanding how to leverage the structure of your patent application can significantly impact its value. One area that often goes underutilized is the strategic management of claims within an application. As Neil Kardos highlights in this week’s Practical Patents series, a nuanced approach to claim management can not only streamline the patent prosecution process but also ensure clients receive maximum value for their investments.

In the United States, the initial patent application filing fee covers the inclusion of up to 3 independent claims and a total of 20 claims. It’s a common misconception that the quantity of claims within a patent directly correlates with its strength or value. However, the strategic composition and management of these claims can significantly enhance a patent’s effectiveness and its potential to protect innovative technology comprehensively.

During the patent prosecution phase, it’s not uncommon to amend claims to align with the United States Patent and Trademark Office (USPTO) requirements for patentability. This often involves consolidating the concepts of multiple dependent claims into fewer, broader independent claims to facilitate application approval. Yet, this consolidation presents a unique opportunity for strategic claim management.

Neil emphasizes the importance of adding a new dependent claim for every claim that is canceled. This practice ensures that the final patent utilizes the full quota of claims that the filing fee entitles, thus maximizing the patent’s breadth and flexibility without incurring additional costs. It’s a practice that, surprisingly, not all patent practitioners follow, as evidenced by numerous patents issuing with fewer than the allotted 20 claims.

The implications of this strategy extend far beyond mere numerical optimization. Each claim in a patent application can be viewed as a unique tool for protecting different facets of the invention. By ensuring that each patent utilizes its full complement of claims, inventors can secure a more robust and nuanced protection. This not only enhances the patent’s defensive capabilities but also its value in potential licensing discussions or infringement disputes.

Furthermore, this approach demonstrates to clients a meticulous and value-driven management of their intellectual property. In a landscape where every detail counts, the strategic addition and adjustment of claims can significantly differentiate a patent’s quality and its potential for commercial success.

Neil’s insights into claim management offer a valuable perspective for anyone involved in the patent filing process. By understanding the strategic potential of claims adjustment and ensuring that patents utilize their full entitlement, practitioners can deliver enhanced value to their clients, reinforcing the importance of detail-oriented strategies in patent law.

Stay tuned for more insightful tips and tricks from Neil Kardos in our Practical Patents series! Until next time, happy patenting!

Note: This blog post is based on the opinions and observations of the author and should not be considered legal advice. Consult a qualified patent attorney for specific guidance on patent application drafting.

Want more tips? Check out other Practical Patents videos with Neil Kardos here!

Unveiling the Power of Bubble Charts in Competitive Intelligence: A Quantum Computing Perspective

By Rocky Berndsen, Head of Analytics

In the realm of competitive intelligence, especially within the patent field, traditional metrics such as patent counts have long been the standard for assessing a company’s patent portfolio strength.  However, this quantitative approach often overlooks the qualitative aspects of patents, which can provide deeper insights into a company’s technological prowess and strategic positioning.  Our recent Quantum Computing – Patent Pulse Report introduces an innovative approach to competitive benchmarking that utilizes bubble charts, offering a more nuanced view of the landscape.  To download the complimentary Quantum Computing Patent Pulse Report, CLICK HERE.

Beyond Counting Patents: The Need for Deeper Insights

While the number of patents a company holds is an important indicator of its activity in a particular technology area, it doesn’t tell the whole story.  Two crucial qualitative metrics often overlooked are the influence of a patent, measured by the number of forward citations it receives, and the scope of its claims, typically gauged by the word count of the first claim.  These metrics provide insights into the patent’s potential impact on future technologies and its breadth of coverage, respectively.

The Bubble Chart: A Visual Representation of Patent Quality and Quantity

The bubble chart featured in our Quantum Computing report illustrates how these qualitative metrics can be visualized alongside quantitative ones.  By plotting companies across two axes—average number of forward citations (influence) and average first claim word count (scope)—and using the bubble size to indicate the number of patents held, the chart provides a comprehensive view of each company’s patent portfolio in terms of both quality and quantity.

This visualization technique allows stakeholders to quickly identify leaders in the technology area, not just by the volume of their patents but by their potential impact and breadth.

Insights from the Quantum Computing Patent Landscape

The Quantum Computing – Patent Pulse Report reveals intriguing trends and strategic positions among key players in the quantum computing field.  For example, D-wave Systems Inc. stands out with patents that have the highest average first claim word count and the highest average forward citations.  To download the complimentary Quantum Computing Patent Pulse Report, CLICK HERE.

The Strategic Value of Bubble Charts in Competitive Benchmarking

The use of bubble charts for competitive benchmarking analyses offers several advantages:

  • Comprehensive Insights: It provides a holistic view of a company’s patent portfolio, combining quantity with qualitative metrics.
  • Strategic Decision-Making: Companies can identify not only their position but also their competitors’ strategic focuses, guiding R&D investments and patenting strategies.
  • Identifying Innovation Leaders: Stakeholders can pinpoint which companies are setting the pace in technological advancements, potentially guiding partnership or acquisition decisions.

Conclusion

As the patent landscape becomes increasingly complex, tools like bubble charts that offer multi-dimensional analyses become invaluable.  Our Quantum Computing – Patent Pulse Report is a testament to the power of such analytical tools in revealing the nuances of competitive positioning and technological leadership.  By moving beyond simple patent counts to a richer, more informative analysis, we can gain true insights into the dynamics of innovation across industries.

Elevating Patent Clarity: The Strategic Use of ‘Threshold’ in Patent Drafting

In this edition of the Practical Patents series, we delve into the nuanced use of the term ‘threshold’ in patent language, guided by Neil Kardos. This exploration highlights the importance of precision in patent drafting, a critical skill in the art of protecting intellectual property.

In the meticulous realm of patent drafting, every word counts. The term ‘threshold’ might appear straightforward, yet its application in patents is anything but. Neil explains this with two insightful examples.

1. Achieving Precision Over Vagueness

Clarity is the cornerstone of effective patent drafting. Generic terms like ‘high’ and ‘low’ are laden with ambiguity, often leading to Section 112 rejections. Neil’s advice is to opt for phrases such as ‘satisfies’ or ‘does not satisfy a threshold.’ This method enhances clarity and strengthens the enforceability of the patent.

2. Broadening Patent Scope Through ‘Threshold’

In instances where an inventor provides a specific number or range, the term ‘threshold’ can be used to expand the invention’s scope. By defining these figures as examples of satisfying a ‘threshold,’ a patent can encompass a broader range of applications, enhancing its protective coverage.

Neil emphasizes caution in using ‘threshold.’ He advises against framing claims based solely on a value being ‘greater than’ or ‘less than’ a threshold. Such language can inadvertently open doors for competitive workarounds.

Instead, Neil recommends a more comprehensive approach: asserting that a value ‘satisfies the threshold’ or ‘satisfies a condition.’ This strategy, when combined with a detailed specification, provides a stronger, more defensible patent.

As we conclude this discussion, we’re reminded of the critical role precise language plays in patent law. Neil’s insights into the use of ‘threshold’ underscore the importance of thoughtful and strategic patent drafting.

Stay tuned for more insightful tips and tricks from Neil in our Practical Patents series! Until next time, happy patenting!

Note: This blog post is based on the opinions and observations of the author and should not be considered legal advice. Consult a qualified patent attorney for specific guidance on patent application drafting.

Want more tips? Check out other Practical Patents videos with Neil Kardos here!

Harrity Named US News 2024 Best Companies to Work For: Law Firms

Harrity & Harrity, LLP Named a ‘Best Company to Work For: Law Firms’ by US News & World Report, Reflecting Excellence in Employee Satisfaction and Workplace Environment

Washington, D.C. – January 30, 2024

Harrity & Harrity, LLP is honored to announce its recognition as one of the Best Companies to Work For in 2024: Law Firms by US News & World Report. This prestigious distinction is based on a comprehensive evaluation method that highlights the firm’s commitment to creating an outstanding work environment.

The US News & World Report’s methodology for this ranking involves a detailed analysis of various factors that contribute to a positive workplace. These include quality pay and benefits, work/life balance, job stability, professional development opportunities, and overall employee well-being. This thorough assessment, leveraging data from Revelio Labs and Leopard Solutions, reflects the real-world experiences and perceptions of employees.

“Our inclusion in this list validates our efforts in providing a fulfilling and supportive workplace,” said Paul Harrity, Managing Partner. “At Harrity & Harrity, we strive not only for excellence in serving our clients but also in ensuring our team members have the resources and environment they need to thrive.”

The ranking process involved scaling and standardizing various metrics on a 1-5 scale, reflecting the firm’s outstanding performance in critical areas like compensation, job security, and employee satisfaction. This recognition underscores Harrity & Harrity’s dedication to fostering a culture of respect, inclusivity, and professional growth.

About Harrity & Harrity, LLP

Harrity & Harrity, LLP is a boutique patent law firm specializing in electrical, mechanical, and computer technologies. Based in the Washington, D.C. area, the firm is committed to fostering an innovative, progressive, and inclusive workplace. With a nationally dispersed remote team of skilled patent attorneys, patent agents, and support staff, Harrity & Harrity is at the forefront of providing high-quality, efficient, and automated patent services.

 

Maximizing Efficiency: A Case Study on Using the Patent 300® Report for Assessing Law Firm Performance

By Rocky Berndsen, Head of Analytics

In the ever-evolving realm of patent law, in-house attorneys face the critical task of assessing and optimizing the performance of their outside counsel. This blog post delves into a practical case study illustrating how an in-house attorney can leverage the insights from the Patent 300® Company Report to evaluate and enhance the effectiveness of their law firms in patent prosecution.

Step-by-Step Guide:

  1. Analyzing Key Metrics: The report provides comprehensive data, including total patents issued, average cost, office action frequency, and more. By comparing these metrics across different firms, an attorney can identify performance trends and cost-efficiency.
  2. Benchmarking Success Rates: Through examining specific metrics like interview success and extension of time requests, attorneys can benchmark their firms against industry standards, pinpointing areas for improvement.
  3. Cost-Effectiveness Evaluation: The average cost per patent metric is pivotal for assessing the financial aspect of the firm’s performance, helping in making budget-conscious decisions.
  4. Strategic Decision Making: With a detailed breakdown of each firm’s performance, an attorney can make informed decisions about continuing, modifying, or terminating relationships with specific outside counsel.
  5. Future Planning: The technology breakdowns and patent prosecution stats offer insights for future patent strategies, ensuring alignment with the company’s overall IP goals.

This case study exemplifies how an in-house attorney can transform raw data into actionable insights, leading to a more efficient and strategic approach in managing outside counsel for patent prosecution.

By embracing the detailed analysis offered by the Patent 300® Company Report, attorneys can not only assess but also significantly improve their firms’ performance, aligning it with the company’s broader intellectual property objectives.

Download a Complimentary Report on Your Company HERE

Review our Sample Report on Nvidia:

Nvidia - 2024 Patent 300® Company Report

Looking for more detailed analytics on your company or your competitors?

CONTACT US HERE

High Level Patent Portfolio Assessment Using Harrity’s Patent 300® Company Report

By Rocky Berndsen, Head of Analytics

Could a Glance at the Big Picture Reveal Secrets to Refining Your IP Strategy?

In the intricate world of intellectual property, IP counsel often find themselves deeply immersed in the minutiae of patents and portfolios. The challenge is real: staying afloat in a sea of detailed legal and technical complexities. But, what if the key to a breakthrough in patent strategy lies in a broader perspective? Could stepping back to observe high-level trends be the game-changer for assessing and enhancing your patent practice?

A Key to Unlock Patent Insights

Our Patent 300® Company Report is more than just a document; it’s a window to a world of strategic insights. With this report, IP counsel can transcend beyond the everyday details and gaze at the bigger picture. This high-level view offers a unique opportunity to understand the broader trends in patenting, helping you refine and realign your IP strategy effectively.

Exclusive Sample: NVIDIA Report

To give you a taste of what our report offers, we have attached a sample report for NVIDIA. This sample includes high-level patenting trends, detailed patent prosecution stats, insights into outside counsel costs, and a breakdown of technological focuses. It’s a glimpse into the kind of comprehensive analysis and strategic guidance that our full report offers.

Nvidia - 2024 Patent 300® Company Report

At Harrity, we believe in the power of perspective. It’s why we are excited to offer a unique tool that unlocks this very insight – the comprehensive portfolio report for companies on the distinguished Patent 300® List.

DOWNLOAD A COMPLIMENTARY COMPANY REPORT HERE

Your Guide to the Patent 300 Landscape

Are you curious to see who made it to this year’s Patent 300 List? We’ve got you covered. Visit HERE to discover the companies leading the charge in innovation and intellectual property.

Dive Deep into Patent Trends

The Patent 300® Company Report is not just about lists and numbers. It’s a deep dive into the world of patent trends, offering insights into patent prosecution statistics, technology breakdowns, and even metrics on outside counsel costs. This level of detail is invaluable in crafting a strategy that is not only responsive but also proactive in the face of evolving IP landscapes.

Download and Transform Your Approach

Ready to realign your IP strategy? Download your copy of the report HERE. Dive into the details, discover the trends, and start transforming your approach today. The insights you gain might just be the key to unlocking a more refined and effective IP strategy.

Patent Data Reveals Unique Continuation Practice Amongst Patent 300® Companies

By Rocky Berndsen, Head of Analytics

Continuation practice in US patent law refers to a procedure where an applicant files a subsequent application based on the disclosure of a prior non-provisional application, while the prior application is still pending.  This strategy can be used for various reasons, such as refining claims, pursuing different scopes of protection, or keeping a patent family alive as the business strategy or technology develops.  The Patent 300® data, focusing on the highest and lowest percentages of patents issued in 2023 that were continuations, provides fascinating insights into the innovation and patenting strategies of top companies.

Strategic Use of Continuation Practice Found in Numerous Industries

The chart above indicates that companies like Sonos, Edwards Life Sciences, and Ebay lead with the highest continuation percentages.  For example, the data shows that 88% of Sonos’ patents issuing in 2023 were continuation applications.  This approach suggests a targeted approach to innovation, where companies are keen on fortifying their market position by building robust patent portfolios around their core products and services.  Continuation practice allows these companies to create a thicket of patents, making it harder for competitors to navigate without infringing.  It also provides them the flexibility to adapt to technological advancements and market changes by updating or expanding their patent claims.

Moreover, continuation practice might be indicative of a strategic layering of patent protection that enables companies to keep certain innovations under initial protection while testing the market or developing further improvements.  For companies like Palantir and Dolby, whose products involve complex software or hardware, the ability to file continuations means they may have the ability to continually update their patent claims to cover the latest iterations of their technology.

Continuation applications can also serve as a legal strategy to keep competitors uncertain about the final form of the patent claims, which could deter potential infringement or at least make it more difficult for competitors to design around an applicant’s patent portfolio.

Why are some companies not filing many continuation applications at all?

The Patent 300® data also reveals a set of companies that utilize continuation practices minimally in their patenting efforts.  Notably, this list includes a significant number of automotive manufacturers, highlighted above, such as Subaru, Mazda, and Honda, all showing low continuation percentages.  This pattern could suggest a distinct approach to portfolio management within the automotive industry, where innovation is rapid and product development cycles are aligned with manufacturing and release schedules.

Another reason for the minimal use of continuation practice could be budgetary constraints.  Continuation applications incur additional costs, not just in filing fees but also in legal and administrative expenses over time.  For some companies, the cost of maintaining a high number of continuations may not justify the potential benefits.  Some companies may opt to instead focus on obtaining patents for newly developed technologies.

Additionally, the strategy behind claims could influence the use of continuation practice.  Companies may choose to file comprehensive initial patent applications with broad claims to cover their inventions fully from the outset.  This approach could reduce the need for subsequent continuation applications to refine or broaden the scope of the original claims.  Some companies may prioritize filing detailed applications that anticipate future product developments, thereby lessening the need for continuations.

Moreover, the breadth of patenting may reflect an applicant’s innovation strategy.  Companies with a wider range of products and services may prefer to obtain a broader spread of original patents rather than deepening the protection around a narrower technology area through continuations.  This approach can create a more extensive barrier to entry for competitors across a wider technology landscape.  Automotive companies, with their frequent iterations of vehicle models and technologies, might find more value in creating a broad patent portfolio that covers a range of innovations rather than focusing on continuing applications for specific technologies.

In sum, the Patent 300® data offers a revealing glimpse into the nuanced strategies behind continuation practices in patent law.  While certain companies leverage this mechanism to build a dense web of protection around key products, adapting to market and technological shifts, others in sectors like automotive opt for a broader innovation footprint, potentially driven by cost considerations, a preference for comprehensive initial filings, or the strategic spread of their patent efforts across a wider range of technologies.  These divergent approaches underscore the complexity of IP management, where each applicant crafts a strategy aligned with its business goals, market position, and the dynamic landscape of technological advancement.  The data not only reflects the tactical choices of individual companies but also illustrates broader industry trends in patenting, revealing the careful balance between depth and breadth in securing intellectual property rights.

Inside the European Patent Revolution: An Analysis of Emerging Unitary Patent Data

Inside the European Patent Revolution: An Analysis of Emerging Unitary Patent Data

By Ayana Marshall, Patent Data Analyst

Brief Introduction to the Unitary Patent System

Launched on June 1, 2023, the Unitary Patent System, managed by the European Patent Office (EPO), simplifies patent protection across participating European Union (EU) member states.  Replacing the need for separate validations in each state, it allows a single application and fee for protection in all participating countries.  Based on the European Patent Convention (EPC), the system enables patent holders to seek uniform protection post-grant in 17 initial EU member states.  The Unitary Patent is described as a “European patent with unitary effect”.  The system includes the Unified Patent Court (UPC), comprising judges from participating states, adjudicating on Unitary and European patent infringements and validity.  This system signifies a streamlined approach for patent protection in the EU.1-5

Trends in Unitary Patent Registrations

The European Patent Office (EPO) has compiled and shared data from the launch of the Unitary Patent System up to January 15, 2024.  This includes various statistics and insights into how the system has been utilized.  The following discussion will delve into the key elements and findings from this data set.

Requests for Unitary Effect

The data above reveals that the Unitary Patent System received 18,273 requests for unitary effect, with 17,733 successfully registered as patents.  Additionally, the uptake rate for the system in 2024 stands at 17.3%.  This statistic represents the proportion of total requests that resulted in registered patents within the specified timeframe.6

The chart above tracks unitary patent request trends from December 2022 to December 2023.  Monthly request volumes, shown via bars, are aligned with the left vertical axis.  The right axis and line graph represent the cumulative total of requests.

From December 2022 to June 2023, the chart shows a rise in monthly requests for unitary patents, starting below 1,000 and reaching around 2,000 by May with a peak of almost 3,000 in June 2023.  July 2023 through September 2023 saw a decline in requests for unitary effect followed by a slight increase of just over 2,000 in October 2023.  There was a subsequent decline to approximately 4,000 by December 2023.  This illustrates the evolving interest and engagement with the Unitary Patent system over the year.  The cumulative line shows a consistent and steady upward trajectory throughout the year, reflecting the addition of each month’s new requests to the total count.  Starting at almost zero in December 2022, the cumulative count surpasses 20,000 by December 2023.  This upward trend suggests growing interest in and engagement with the Unitary Patent system over the year.

Top 25 Companies (Proprietors)

The chart above displays the number of unitary patent requests filed by the top 25 companies.  The bars are color-coded to represent different regions: EPO states, the US, Japan, China, Korea, and Others.  Johnson & Johnson holds the top position in terms of requests with the highest tally, followed by Siemens AG trailing by a narrow margin.  Both corporations submitted requests in the mid-two-hundreds.  Similarly, Qualcomm, Inc.  and Samsung Group exhibit parallel levels of requests, showcasing comparable engagement in the unitary patent application process.  The chart demonstrates a diversity of companies across different regions, with several companies from EPO states and the US occupying the top spots, while companies from Japan, China, and Korea also feature prominently, although with fewer requests.

Origin of Proprietors

The map above illustrates the geographic distribution of patent proprietors, with Europe and North America exhibiting higher volumes of requests.  Europe is particularly prominent, with requests ranging between 3,000 to 4,000, while the United States shows a lower range of approximately 2,000 to 3,000 requests.

WIPO’s Technology Fields (IPC)

Medical technology and electrical machinery are the most represented technology fields, suggesting robust activity and interest in these areas.  The technology fields are classified by the International Patent Classification (IPC) system, detailing the distribution of unitary patent requests across various sectors.  The size of each block in the image corresponds to the number of requests in that technology field, with larger blocks indicating more requests.  The technology fields include Medical technology, Computer technology, Pharmaceuticals, Civil engineering, Transport, Measurement, ‘Machine tools, Handling, and Other special machines.

Each technology field in the image above is quantified with a count and percentage, indicating its share of unitary patent requests.  Medical technology leads with 2,135 requests, accounting for 11.7% of the total.  Civil engineering, Transport, and Other special machines,  also feature significantly with 1080 (5.9%), 1,000 (5.5%), and 971 (5.3%) requests respectively.  Other fields like Computer Technology and Handling show smaller proportions, with 792 (4.3%) and 756 (4.1%) requests.  The distribution of requests across these fields suggests a varied interest in unitary patent protection across different technology sectors.

Status of Registration

The status of registration represents the proportions of unitary patent applications in each stage of the registration process.  The chart above quantifies and categorizes unitary patents according to their registration status of registered, pending, and rejection.  Dominating the chart is the registered category with 17,733 cases, accounting for 97.0% of the total, while pending applications comprise 2.8% with 509 cases followed by the 23 (0.1%) cases that were withdrawn.  The rejected category, representing the smallest segment, includes only 8 cases, making up a 0.04% of the total.  This chart highlights the number of successful registrations in the unitary patent system.

Translation and Procedural Languages

Data on translation and procedural languages used reveals that English is commonly used for both, with German and French also being used.  English is used in 73.3% of procedural languages, a significant lead over German and French.  Spanish is the mostly commonly used translation language outpacing English by a narrow margin.

In summary, the consolidated data provides insight into the unitary patent system as it currently stands.  It appears to indicate active participation across various technological sectors, a high rate of patent registrations, and a wide geographic distribution of proprietors.  The diverse origins of the applicants appear to highlight the system’s potential global appeal, and the significant majority of finalized registrations appear to suggest its efficiency.  These details offer an understanding of how the system is being used, positioning it as a potentially key mechanism for safeguarding modern innovations.  The detailed breakdown of request origins, technology fields, and registration statuses offers stakeholders an understanding of the system’s current scope and functionality.

For those interested in accessing customized analytics, contact Harrity Analytics today!

Stay tuned for more insights and analyses from Harrity Analytics, as we continue to explore the ever-evolving world of patents and innovation.

  1. https://www.epo.org/en/applying/european/unitary/unitary-patent
  2. https://www.epo.org/en/legal/guide-up/2022/uppg_a_v.html#:~:text=32The%20primary%20aim%20of,obtaining%2C%20maintaining%20and%20managing%20them.
  3. https://www.unified-patent-court.org/en
  4. https://www.epo.org/en/legal/guide-up/2022/uppg_a_iii_1.html
  5. https://www.epo.org/en/applying/european/unitary
  6. https://www.epo.org/en/about-us/statistics/statistics-centre#/unitary-patent
  7. All images were obtained from https://www.epo.org/en/about-us/statistics/statistics-centre#/unitary-patent

 

 

Enhancing Patent Drafting: The Essential Role of Claim-Figure Mapping

Welcome back to another edition of the Practical Patents series. This week Neil Kardos brings his seasoned perspective to an often-overlooked yet pivotal aspect of drafting: the strategic alignment of claims with figures in patent applications.

Neil emphasizes the importance of creating a mapping between the figures and claims in a patent application. This step, often overlooked, is crucial in ensuring a coherent and comprehensive patent specification. By mapping each figure to the claims they support, patent drafters can establish a clear connection, laying the groundwork for a well-structured specification.

The beauty of this approach lies in its simplicity and efficacy. When you start working on your figures, Neil advises, make it a point to identify which claims each figure relates to. This mapping acts as a guide, ensuring every claim has a corresponding figure where it can be effectively described. If you find a claim that doesn’t neatly align with any of the figures, it’s a clear sign that you need to either introduce a new figure or revise an existing one.

This proactive strategy offers two significant benefits. Firstly, it eliminates the risk of ending up with unsupported claims in your patent application – a common pitfall that can lead to lengthy revisions or, worse, a weakened patent. Secondly, it serves as a remedy for writer’s block. Knowing exactly what to write for each figure can streamline the drafting process, making it more efficient and less daunting.

Neil warns of the pitfalls of neglecting this step. Without pre-mapping your claims to figures, you might find yourself with a draft specification and unsupported claims. At this juncture, the options are limited and unappealing: either retrofit your figures (and consequently, the specification) to accommodate the orphaned claims or force them into sections where they don’t quite belong. Both scenarios lead to a disjointed and potentially weaker patent application.

In summary, Neil’s advice is straightforward yet powerful: map your claims to your figures before diving into the specification. This method not only saves time but also ensures that each element of your patent application is well-supported and clearly articulated.

Stay tuned for more insightful tips and tricks from Neil in our Practical Patents series! Until next time, happy patenting!

Note: This blog post is based on the opinions and observations of the author and should not be considered legal advice. Consult a qualified patent attorney for specific guidance on patent application drafting.

Want more tips? Check out other Practical Patents videos with Neil Kardos here!

Analyzing Technology Trends from the 2024 Patent 300® List

Harrity Analytics is proud to announce the release of the 2024 Patent 300® List, an exclusive ranking of the top 300 companies, organizations, and universities obtaining US utility patents. This year’s list offers a comprehensive view of the intellectual property landscape and highlights the innovative strides made by leading technology firms.

The Top 15 Innovators of 2023 have showcased their commitment to innovation, collectively accounting for 16% of the 312,563 total utility patents issued. Despite a 3% drop from the previous year, these organizations have continued to push the boundaries of technology and innovation. Take a look at the top technology areas obtaining patents over the last 12 months.

Electronics and Semiconductors: The Front Runners
Samsung leads the pack with a staggering 9,036 patents, doubling the amount secured by the second-place LG. This indicates a strong focus on advancing consumer electronics, mobile communication technologies, and the underlying semiconductor technology. The emphasis on semiconductors is further highlighted by the presence of TSMC and Qualcomm in the top ranks, underlining the critical importance of these components in a multitude of devices.

Cloud, Software, and AI: The Digital Backbone
IBM, ranking third, along with Alphabet and Apple, emphasize the growing significance of cloud computing, artificial intelligence, and software innovation. These patents reflect not only their prowess in hardware but also their forward-thinking in the realms of software and services.

Optics, Imaging, and Automotive: Enhancing Vision and Mobility
Canon’s strong showing indicates a continued excellence in optics and imaging, a field that’s increasingly intersecting with automotive technologies, as seen with the presence of companies like Alphabet and Huawei. Such innovations are crucial for advancements in autonomous vehicles and connected mobility solutions.

Aerospace and Defense: Protecting and Exploring New Frontiers
Raytheon Technologies, known for its expertise in aerospace and defense, has maintained its position, signaling ongoing advancements in technologies critical for national security and exploration.

The Global Technology Landscape
The geographical diversity among the top 15 innovators, with companies from the United States, South Korea, Taiwan, and Japan, underscores the global nature of technological advancement and the interplay of different markets in driving innovation.

The 2024 Patent 300® List by Harrity Analytics not only celebrates the achievements of these innovators but also provides insights into the technology trends shaping our future. We invite industry professionals, analysts, and technology enthusiasts to delve deeper into our findings to understand the direction of innovation and its implications for the global market.

For a detailed exploration of the Patent 300® List and to gain more insights into these trends, visit our interactive Patent 300® Dashboard here.

For those interested in accessing customized analytics, contact Harrity Analytics today!

Stay tuned for more insights and analyses from Harrity Analytics, as we continue to explore the ever-evolving world of patents and innovation.

 

Elevating Patent Application Efficiency: The Case for a Claims-First Approach

Welcome to another installment of the Practical Patents series, where we delve into the art and science of patent drafting. Today, we’re exploring a provocative statement by Neil Kardos, an experienced patent attorney and advocate for strategic patenting: “If you’re not drafting claims, then figures, then the specification in that order, you’re doing it wrong.”

At first glance, this assertion seems to challenge conventional wisdom. Traditionally, many practitioners draft the figures and specifications first, leaving the claims for last. However, Neil’s approach, honed through experimentation and practice, suggests a radical departure from this norm.

Traditionally, the process begins with drafting detailed figures and a comprehensive specification. The rationale? It’s believed that having a clear visual and descriptive foundation paves the way for more precise claims. However, Neil’s experience tells a different story.

Neil discovered that this traditional method often necessitated significant rework. Terminology used in the specification might not align with the nuanced language of claim drafting. Questions arise: should it be “one or more” or “at least one”? “Multiple” or “a plurality”? Furthermore, naming conventions in the specification might not resonate with the intricate requirements of claim language, leading to a laborious cycle of revision and alignment between the claims, figures, and specification.

Advantages of a Claims-First Approach

  1. Clarity in Novelty and Non-Obviousness: Drafting claims first forces a focus on the invention’s novel aspects. It lays bare the innovative heart of the patent, guiding the subsequent detailing in figures and specifications.
  2. Efficiency in Drafting: By starting with claims, Neil found that subsequent steps became more streamlined. The figures and specification could be tailored to support the claims, reducing the need for iterative revisions.
  3. Strategic Focus: This approach ensures that the specification and figures emphasize the invention’s most crucial aspects, enhancing the patent’s overall strength.

Neil’s method turns traditional patent drafting on its head, emphasizing a strategic, claims-first approach. While it may not be a one-size-fits-all solution, it certainly provides food for thought for anyone involved in the patenting process.

Don’t forget to come back for more tips in the next installment of the Practical Patents Series. Until next time, happy patenting!

Note: This blog post is based on the opinions and observations of the author and should not be considered legal advice. Consult a qualified patent attorney for specific guidance on patent application drafting.

Want more tips? Check out other Practical Patents videos with Neil Kardos here!

Elevating the Craft of Inventor Interviews

Navigating inventor interviews without a robust disclosure document can be a daunting task for even the most experienced patent professionals. In this week’s Practical Patent series, Neil Kardos shares invaluable tips for transforming these challenges into opportunities for deeper understanding and more comprehensive patent applications.

Tip #1: Record the Call

Recording inventor interviews is a game-changer. It allows patent professionals to immerse themselves in the conversation, fully absorbing the inventor’s insights without the distraction of note-taking. This approach ensures no crucial detail is overlooked, capturing the essence of the invention in its entirety.

Tip #2: Use a Structured Question Checklist

Neil emphasizes the importance of a structured approach, beginning with high-level questions to grasp the overall concept before delving into the finer details. This technique not only clarifies the invention’s framework but also reveals its unique aspects and potential improvements.

The Kardos Questionnaire: Your Blueprint for Success

  1. Identifying the Problem: Understanding the specific issue the invention aims to solve sets the stage for assessing its significance and market relevance.
  2. Summarizing the Solution: This helps in evaluating the innovation’s practicality and its effectiveness in addressing the identified problem.
  3. Exploring Existing Solutions: Knowing what’s already out there highlights the invention’s unique selling points and potential competitive advantages.
  4. Comparing the Invention: This comparison sheds light on why and how the new invention stands out in the existing market landscape.
  5. Uncovering Additional Benefits: Often, inventions have secondary advantages that can broaden their appeal and marketability.
  6. Identifying Novelty: Pinpointing the novel aspects of an invention is crucial for determining its patentability.
  7. Assessing Business Value: Understanding which elements of the invention hold the most commercial potential can guide strategic patent drafting.

For process inventions, a step-by-step walkthrough reveals the intricacies of the method, while mechanical inventions benefit from a detailed analysis of component interrelations. Brainstorming sessions about enhancements and alternatives further refine the invention’s scope and applicability.

Neil’s approach culminates with an open-ended query, inviting any additional insights or overlooked aspects, ensuring a comprehensive understanding of the invention.

By adopting these strategies, patent professionals can adeptly navigate inventor interviews, laying a solid foundation for robust and defensible patent applications.

Don’t forget to come back for more tips in the next installment of the Practical Patents Series. Until next time, happy patenting!

Note: This blog post is based on the opinions and observations of the author and should not be considered legal advice. Consult a qualified patent attorney for specific guidance on patent application drafting.

Want more tips? Check out other Practical Patents videos with Neil Kardos here!

Harrity Recognized as an Inclusive Workplace by Best Companies Group

Harrity & Harrity, LLP Recognized as a Top Inclusive Workplace by Best Companies Group

January 4, 2024 – Harrity & Harrity, LLP, a leading patent law firm based out of Fairfax, VA, is honored to announce its recognition as a Top Inclusive Workplace by Best Companies Group and COLOR Magazine for 2023. This prestigious acknowledgment highlights Harrity & Harrity’s unwavering commitment to creating a diverse, inclusive, and welcoming work environment.

The Top Inclusive Workplace Program, initiated by Best Companies Group in partnership with COLOR Magazine, evaluates organizations on various aspects of workplace inclusivity, such as inclusion, belonging, psychological safety, community, and purpose. Harrity & Harrity’s approach to fostering an inclusive workplace aligns perfectly with these criteria, as the firm continuously implements initiatives and policies that encourage diversity and belonging.

“Our firm believes in the immense value of a diverse workforce and the positive impact it has on our services and innovation,” said Managing Partner Paul Harrity. “We are dedicated to creating an environment where every member of our team feels valued, heard, and empowered to contribute their unique perspectives.”

This recognition is not merely an accolade but a testament to Harrity & Harrity’s significant efforts in ensuring all employees, regardless of their background, feel included and engaged. This commitment has not only enhanced employee satisfaction and retention but has also contributed positively to the firm’s brand recognition and reputation within the patent law field.

The firm’s diverse and inclusive culture serves as a beacon in the industry, demonstrating the benefits of prioritizing belonging and inclusivity in the workplace. “We are proud to set an example in the legal industry and will continue to advocate for and implement practices that promote inclusivity,” Harrity added.

Harrity & Harrity looks forward to continuing its progress in fostering an inclusive work environment and is excited about the positive impacts this will have on both its team and clients. The firm will be celebrated alongside other recipients in the Winter 2024 Top Inclusive Workplaces digital publication by Best Companies Group and COLOR Magazine.

For more information about Harrity & Harrity’s diversity initiatives and services, please visit harrityllp.com/diversity.

**About Harrity & Harrity, LLP**

Harrity & Harrity, LLP is a boutique patent law firm specializing in electrical, mechanical, and computer technologies. Based in the Washington, D.C. area, the firm is committed to fostering an innovative, progressive, and inclusive workplace. With a nationally dispersed remote team of skilled patent attorneys, patent agents, and support staff, Harrity & Harrity is at the forefront of providing high-quality, efficient, and automated patent services.

 

AI Prompts Do Not Compromise Attorney Confidentiality Obligations

In a detailed article on IPWatchdog, Harrity attorney Alexander Zajac provides a nuanced analysis of how the use of large language models (LLMs) aligns with the confidentiality obligations of attorneys. Addressing the concerns of IP attorneys about the remote storage of LLM queries, he compares this to the routine use of web search engines and cloud storage, which also involve sharing queries with third-party servers.

Alex scrutinizes the data retention policies of Google and OpenAI, explaining how they collect and use data, and how users can opt for more privacy. He emphasizes that if standard digital tools like email and cloud storage are trusted for confidential information, then the robust security measures of Google and OpenAI should be equally reliable. He suggests that attorneys can adjust settings on these platforms to enhance privacy, rather than avoiding LLMs altogether.

This thoughtful exploration by Alex sheds light on the intersection of technology and legal ethics, urging the legal community to adapt to technological advancements while maintaining client confidentiality. To delve into the specifics of these policies and comprehensive perspectives on AI as a legal resource, read the full article on IPWatchdog HERE.