The Strategic Dilemma: Overcoming Double Patenting with Terminal Disclaimers

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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.

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

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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.

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

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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.

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

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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

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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.

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

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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.

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

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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

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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

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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.

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

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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

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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.

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

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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!

Transforming Examiner Interviews into Opportunities: A Practical Guide

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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?

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

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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!

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

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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

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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

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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

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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

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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

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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

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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

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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.

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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′

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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

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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!

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

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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

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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.

 

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

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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!

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

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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

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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

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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

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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.

Decoding the Patent Puzzle: Key Tips to Crystal-Clear Patent Applications

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In the intricate and often bewildering terrain of patent applications, achieving clarity is both an art and a science. This is particularly true for software or process-based inventions, where conveying complex ideas in a comprehensible manner is crucial. Neil Kardos offers his expert advice, sharing pivotal strategies to demystify these often perplexing documents. In this blog post, we’ll delve into two of Neil’s key tips, which promise to bring much-needed lucidity to your patent applications.

Tip #1: The Power of Descriptive Naming

Neil’s first tip revolves around the strategic use of descriptive names for devices in patent applications. This approach goes beyond mere labeling; it’s about creating an intuitive understanding of each device’s role. For example, naming a device that handles user verification as an “Authentication Device” instantly reveals its function. This practice ensures that every mention of the device within the document not only identifies it but also reminds the reader of its purpose, thus maintaining a clear focus on the invention’s core functionalities.

Tip #2: Artful Separation of Function and Form

In his second tip, Neil highlights the importance of distinguishing between what devices do and what they are. He recommends that the narrative in the “Invention Detail Figures” should concentrate on the devices’ roles in the invention’s process. For example, describing a user device transmitting credentials to an authentication device should be about this process, not about the possible physical forms of the user device. The comprehensive description of the devices’ physical forms and variations should be allocated to the “Device Environment Figure.” This methodical separation ensures the patent application remains streamlined and focused, facilitating a smoother reading experience.

By implementing these tips, inventors and patent drafters can significantly enhance the readability and clarity of their patent applications. Neil’s guidance is not just about simplifying content; it’s about structuring it in a way that guides the reader through the invention’s narrative with ease and understanding.

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!

Mastering the Art of Clarity in Patent Applications

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The world of patent applications is intricate and demanding. Among the numerous challenges faced by inventors and patent practitioners, one that stands paramount is the art of drafting a clear and engaging patent specification. Neil Kardos offers profound insights into enhancing the readability of patent applications.

The heart of Neil’s advice lies in the organization of the patent specification. The traditional approach of hopping between figures can be disorienting, leading to confusion. Neil advocates for a more linear, structured approach. This entails starting with an introductory paragraph for each figure, detailing its contents thoroughly, and concluding with a summary. Such an approach doesn’t just enhance readability; it builds a narrative, making the invention’s journey through its various stages more comprehensible and compelling.

Neil delves into two scenarios frequently encountered in patent drafting:

  1. Sequential Storytelling with Figures: Often, a series of figures (e.g., Figs. 1a to 1c) is used to unfold the invention step-by-step. Neil suggests employing a single introductory and concluding paragraph for the entire series. This technique ensures a seamless narrative flow, making the progression of the invention easier to follow and understand.
  2. Balancing Overview and Detail: When one figure presents an overarching view (e.g., Fig. 1) and another dives into granular details (e.g., Fig. 2), Neil recommends a delicate balancing act. Mention Fig. 2 while discussing Fig. 1, but save the in-depth discussion for later. This approach keeps the reader anchored in the broader context before delving into specifics, thereby maintaining engagement and understanding.

Neil’s methodology extends beyond mere structural organization. It embraces the art of storytelling within the technical confines of patent law. By treating each figure not just as a visual representation but as a chapter in the story of the invention, the drafter can create a more immersive and understandable narrative. This approach resonates with examiners and potential licensees, making the invention not just a list of technical features but a compelling innovation journey.

In the realm of patents, clarity is not just about compliance; it’s about captivating the reader, be it an examiner, a judge, or a potential investor. By adopting these strategies, patent practitioners can transform their applications from mere technical documents to engaging narratives that effectively communicate the essence of their inventions.

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!

Crafting the Narrative in Patent Applications

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In the realm of patent applications, the art of storytelling is often overshadowed by the complexity of technical details. However, Neil Kardos brings a refreshing approach to structuring patent applications, emphasizing not just the technicalities but the story of the invention itself. His method improves readability and enhances the experience for inventors and in-house counsel alike.

1. Setting the Stage with Background
Neil begins by advising the inclusion of a background section. This part introduces the technology behind the invention. Depending on the familiarity and complexity of the technology, this section can vary in length. For well-known concepts, a few sentences suffice, but for more intricate technologies, a detailed exposition might be necessary.

2. Identifying the Technical Problem
Following the background, Neil emphasizes the importance of clearly outlining the technical problem addressed by the invention. This step is crucial as it sets the stage for the solution and helps the reader understand the necessity of the invention.

3. Introducing the Technical Solution
Next, a high-level explanation of the technical solution is presented. This part showcases how the invention solves the identified problem. It’s a strategic move to keep this explanation at a high level, ensuring clarity and engagement.

4. Highlighting the Technical Benefits
Neil suggests elucidating the technical benefits of the invention. This section reinforces the value of the invention and its contribution to the field.

5. Diving into the Details
The fifth part of the structure delves into the specifics of the invention, including various options, alternatives, and detailed benefits. This comprehensive exploration allows for a deeper understanding of the invention’s potential.

6. Standardized Figures and Descriptions
Finally, standardized figures and descriptive language, particularly important for hardware supporting process-based inventions, are placed towards the end of the application. Neil’s rationale for this arrangement is to captivate the reader’s interest with the most significant elements upfront, avoiding boredom or confusion.

Neil’s recommended structure is not just about organizing content; it’s about crafting a narrative that makes patent applications more accessible and engaging. By following this structure, patent professionals can effectively communicate the essence of an invention, making the complex world of patents a bit more approachable and relatable.

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!

2023 Harrity Holiday Gift Guide

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Are you doing some last minute holiday shopping? Stumped on what to get that one person on your list who seems to have everything? Don’t worry- Team Harrity has got you covered!
 
We have put together our official holiday gift guide for all the tech lovers, remote workers, self care queens, and fitness fanatics in your life. These carefully curated gifts have been hand-selected by our team members and include things that we all use in our everyday lives!

 

 

TECH

 

Ray-Ban Meta Wayfarer Smart Glasses

 

Listen to music, take photos and videos, and livestream on social media all from your Ray Bans! This is tech that our team is so excited about!

You can buy it here

 

Wireless Charging Stand

 

 

Charge all your devices wirelessly with this neat tabletop gadget!

You can buy the Belkin charging stand here.

 

Apple AirTag

 

We’ve all been there… you’re running out the door but the keys are nowhere to be found. Lost keys no more! The Apple Airtag is a versatile item that helps keep your valuables organized.

You can find it here.

 

LIFX Lightstrip

 

Upgrade virtually any space in your home with these smart lights! Choose any color via an app on your phone to take your desk, kitchen, bedroom, or game room into an oasis.

You can find it here.

 

Hatch Restore 2 Sunrise Alarm Clock

 

A favorite amongst the parents at our firm, the Hatch sunrise alarm makes waking up, dare we say it, peaceful! The alarm/white noise combo makes for the best night of sleep ever.

You can find it here.

 

Pura 4 Smart Diffuser

 

The Pura smart diffuser brings customized luxurious, clean scents to your home at the touch of a button (on an app!) The coolest thing is the adaptive diffusion and the smart scheduling functions.

You can find it here.

 

Polaroid Hi-Print Bluetooth Printer

 

Send your favorite photos straight to this pocket sized printer and instantly get beautiful, high quality business card sized prints!

You can find it here.

 

 

BOOKS

 

These books are all Harrity favorites, and are reads that we recommend again and again!

Start with Why: How Great Leaders Inspire Everyone to Take Action by Simon Sinek

Find the leadership book we recommended to the Minority Firm Incubator firms here.

 

The Four Agreements: A Practical Guide to Personal Freedom (A Toltec Wisdom Book) by Don Miguel Ruiz

Find this must read book that we send our newly hired attorneys here.

 

Atomic Habits: An Easy & Proven Way to Build Good Habits & Break Bad Ones by James Clear

Find this practical self help book that our Marketing Director, Samantha Sullivan, recommends here.

 

The Happiness Advantage: How a Positive Brain Fuels Success in Work and Life by Shawn Achor

Find this “life-changing” guide to happiness that our Firm Controller, Sandra Maxey, recommends here.

 

Audible Subscription

Listen to these books we recommend plus so much more with a subscription to Audiobook.

 

 

WORK FROM HOME ESSENTIALS

 

Being a fully remote firm, Team Harrity has definitely come across some must have items for those who work from home.

Standing Desk

 

If you haven’t bought into the hype of a standing desk yet, now is the time! Being able to stand and stretch and move around during meetings is a gam changer for productivity. Pair this with the under desk treadmill we recommend in this guide to get your heart pumping, or with this ergonomic mat to take the pressure off your feet and ankles.

You can find that we recommend here.

 

Phone Tripod Stand with Bluetooth Remote

For someone who is creating content (videos, taking photos, etc.), this phone tripod is awesome. We really love it because it has a bluetooth remote so you can start and stop the video without having to do the awkward “press record and step back quickly” move.

You can find it here.

 

Desktop Ring Light

Have you seen Elaine Spector‘s Driving Diversity videos? Her secret to looking professional and polished in those videos and in meetings? A ring light!

You can find the one that we recommend here.

 

Coffee Mug Warmer

Sometimes when you get focused on work, you can forget about you wonderful caffeinated drink. And nobody likes cold coffee. This is the perfect gift for the coffee lover in your life!

You can get the one that we recommend here.

 

Mini Fridge

 

Anyone who works from home knows that the worst thing ever is having to interrupt your flow to get a drink or a snack. This mini fridge is perfect to keep in a home office so you can just reach over and get what you need!

Find this one here.

 

Eye Massager

 

After a long day of looking at a screen, this eye massager with heat is a gam changer for avoiding eye strain and headaches.

You can find the one that we love here.

 

ErgoFoam Under Desk Foot Rest

 

If you are sitting at your desk for long periods of time, this foot rest really makes a difference in how comfortable your feet and legs are!

You can find this one here.

 

Wearable Blanket Hoodie

 

 

It’s oversized, it’s warm, it’s cozy… Need we say more?

This one specifically makes an appearance on our support staff meetings every now and then. Find it here.

 

 

WELLNESS FINDS

 

2 in 1 Under Desk Treadmill

 

This under desk treadmill is the perfect way to get your steps in and close your rings while working. Pair it with the standing desk converter for the perfect office set up!

You can find the one we recommend here.

 

Hoka Bondi 8

 

These are worth the hype! Not only are they stylish, but they are really like walking on clouds!

Wear these on your next walking meeting by purchasing them here.

 

Peloton Guide

 

This super cool device turns your TV into an AI-powered personal trainer to give you a great workout at home!

You can find it here.

 

Massage Gun

 

If you are have a fitness fanatic in your life, this gift will basically be like giving them gold. This deep tissue massage gun provides quick pain relief for those overworked muscles.

You can get the one our team recommends here.

 

STANLEY QUENCHER H2.0 FLOWSTATE™ TUMBLER | 64 OZ

 

Staying hydrated is so important, and it’s actually pretty easy when you’re using a cute water bottle! We love this Stanley because at 64 oz, you’ll spend less time refilling at the fridge.

You can get it here.

 

Ninja CREAMi Ice Cream Maker

This viral healthy ice cream maker is a favorite of our Co-Founding Partner, John Harrity.

You can get it here.

 

Bentgo Prep 100-Piece Meal Prep Starter Kit

 

This meal prep kit comes from a highly recommended brand and is a great price!

You can get it here.

 

 

HARRITY FAVES

 

Swag from our Harrity 4 Charity Online Shop!

Shameless plug, but our Harrity 4 Charity swag is really pretty awesome! There is never a shortage of Harrity sweatshirts or Patent Pathways™ tees on our firmwide meetings. The best part? 100% of net proceeds go to our partner charities!

You can shop our essential & holiday collection here.

 

Sugarwish

 

This super cool gifting site lets you pick the category and size of a gift for your loved one, and then allows them to choose the exact gift that they want. So, no more guessing games with holiday gifts!

You can shop here.

 

Lootcrate Tees

 

This shirt subscription box is sure to be a big hit for the t-shirt loving individuals in your life. Shirts tend to run small and shrink, though, so we would recommend sizing up when ordering.

You can shop here.

 

Artificial Flower Bouquet

 

A bouquet that will never wilt or need to be thrown out? Yes please!

Shop faux holiday arrangements from the site we love here.

 

A Donation to One of Our Partner Charities!

Now through the end of the year, we will be matching gifts made to our Harrity 4 Charity partners: Patent Pathways ($50,000 match), Inova Children’s Hospital ($100,000 match), Change the Conversation ($50,000 match) and ZERO—The End of Prostate Cancer ($100,000 match), and starting 12/1, the American Heart Association ($25,000 match). Please consider making a donation in your friend’s or family member’s name by the end of the year to have your impact doubled!

Donate here.

 

 

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Navigating the Maze of Machine Learning Patents: Strategies for Steering Clear of Obviousness

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In the ever-evolving domain of machine learning, securing patents for novel inventions is a complex challenge. Neil Kardos shares his expert strategies in this week’s Practical Patents series. His focus is on the intricacies of drafting machine learning patent applications that stand out, avoiding the common trap of obviousness.

Neil stresses the significance of meticulously detailing machine learning patents. Building on the insights shared in last week’s blog post, which highlighted the importance of delineating the inputs to the model, the outputs generated, and the resultant actions, he now introduces three advanced strategies to further distance machine learning models from the risk of being deemed obvious.

Strategy 1: Novel Inputs

Neil’s first strategy centers on the unique choice of inputs in machine learning models. He advocates for leveraging unconventional inputs with significant predictive power to strengthen the non-obviousness of a patent application. For example, he cites the intriguing correlation between an individual’s time spent in a car and their smartphone purchasing preferences as a potential differentiator in a patent application.

Strategy 2: Diverse Outputs and Actions

The second strategy Neil suggests relates to the outputs of the models and the corresponding actions. He points out that beyond the typical binary actions, incorporating a range of responses based on different levels of probability can impart a unique edge to a patent. This could involve varying marketing tactics depending on the predicted likelihood of a customer making a purchase.

Strategy 3: Continual Model Refinement

Neil’s final strategy emphasizes the ongoing improvement and adaptation of machine learning models, especially through feedback mechanisms for re-training. Such adaptive features are often viewed positively by patent examiners and can be crucial in either the independent or dependent claims of a patent application.

Neil offers these strategies as a guide for those seeking to navigate the intricate world of machine learning patents. His insights shed light on effective approaches to elevate machine learning patent applications above the standard threshold of obviousness.

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!

Decoding the Art of Machine Learning Patents

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In the dynamic and ever-changing world of machine learning (ML), creating a standout patent application is akin to solving a complex puzzle. It’s a landscape where innovation meets the challenge of differentiation. Neil Kardos offers insightful strategies to navigate this complexity, ensuring your ML patents are not just innovative but distinctively non-obvious.

The crux of patenting ML innovations lies in surpassing the “non-obviousness” threshold. This is where Neil’s expertise becomes invaluable, guiding inventors to develop patents that truly stand apart.

Strategy 1: Capitalizing on Unique Inputs

Neil highlights the significance of the inputs used in ML models. The key is in leveraging unconventional inputs that provide predictive insights. Imagine an ML model predicting consumer behavior based on seemingly unrelated data, like time spent in a car. These unique inputs can dramatically strengthen the non-obviousness of a patent application.

Strategy 2: Leveraging Outputs and Actions

The second strategy delves into the outputs of ML models and the subsequent actions they trigger. Neil suggests focusing on how these outputs, often probabilistic, can dictate varied actions at different confidence levels. This nuanced approach adds a layer of sophistication to your patent, exemplified by a navigation system that adjusts routes based on the ML model’s confidence levels.

Incorporating these strategies into your patent claims is essential. Neil advises that if these innovative approaches are central to your invention, they should be included in independent claims. However, if they are supplementary, consider adding them to dependent claims or the specification. This method ensures robustness during the patent prosecution process, especially against potential prior art challenges.

In the intricate dance of ML patenting, it’s the nuanced details and strategic claim drafting that make all the difference. With Neil’s guidance, your ML inventions can transcend the ordinary, securing a place in the ever-growing patent landscape.

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!

Efficient Patent Application Drafting: Minimizing Rework in Inventor Interviews

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In the world of patent application drafting, efficiency is key. Neil Kardos offers valuable insights into making the process more streamlined, especially in handling inventor interviews. A common trap many patent practitioners fall into is the inadvertent engagement in rework, particularly in the way inventor interviews are conducted. Transcribing or listening to the entire recording of these interviews, as it turns out, is a significant time sink.

Recording inventor interviews is useful as a backup, but relying on them extensively for information can lead to inefficiency. Instead, Neil advocates for effective note-taking as the cornerstone of efficiency. This involves preparing questions in advance, written in blue ink, and noting down answers in red during the interview. This method is flexible, working well with both traditional and digital note-taking methods.

In this process, strategic note-taking is key. It’s important to avoid noting down information that is already known or included in the invention disclosure form (IDF). The focus should be on clarifying ambiguities and jotting down new insights. If you fall behind in note-taking, marking the time elapsed in the interview can help you quickly locate the needed section later, should you need to revisit the recording.

Modern technology, such as screen sharing, can further enhance the efficiency of reviewing recordings, allowing for quick navigation to relevant sections. A critical aspect of this process is setting aside time for a post-interview debrief. This could range from determining focus areas for claims to drafting the claims and figures. Neil describes this method as “frontloading,” a highly effective strategy that he discusses in more detail in another presentation.

Neil’s advice highlights subtle but impactful methods for refining workflow in patent application drafting. By adopting these strategies in inventor interviews, patent practitioners can transform a routine task into a significant efficiency booster.

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!

Revolutionizing Patent Applications: The Case for Clarity in Language

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In the intricate world of patent law, the clarity of legal documents is not just a nicety but a necessity. Neil Kardos, a vocal advocate for more readable patent applications, recently highlighted an issue that’s often overlooked yet crucial. Patent applications, by their nature, are complex. They are technical documents, intricately detailing how new technologies function. However, Neil points out an additional layer of complexity that stems not from the content but from the style of writing.

Patent professionals are experts in their fields, with rich backgrounds in science, math, and engineering. However, Neil observes that this technical focus often comes at the expense of writing skills. The result? Patent applications that are not just technically dense but also linguistically challenging. Adding to this complexity is the traditional use of legal jargon, or legalese, which can make documents even more daunting.

Neil suggests a simple yet effective change: replacing “said” element with “the” element in patent claims. While this might seem minor, the impact on readability is significant. He draws on a Patently-O article, which indicates that in the 1970s and 1980s, about 90% of patent applications used “said”. Today, this usage has reduced to around 20%. Neil argues that even this is too high. By embracing simpler language, the patent community can make these vital documents more approachable and understandable.

What sets Neil apart is his approach to this issue. He doesn’t just propose a change; he invites a discussion. This open invitation is more than a call for change; it’s a call for a community-wide reflection on how the patent world communicates.

Neil’s advocacy for clearer writing in patent applications goes beyond merely suggesting a change; he fosters a dialogue towards a future where legal documents are not barriers but bridges to understanding. By adopting simpler language, the patent community can ensure that these crucial documents are not only legally sound but also broadly accessible.

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!

The Art of Precision: Enhancing Patent Illustrations with a Touch of Expertise

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Navigating the patent process is akin to crafting a masterpiece—each line, shade, and angle contributes to the final depiction of innovation. In this intricate dance, the initial sketches set the stage. Neil Kardos, like a skilled artist, starts with strokes of inspiration, transforming the abstract into tangible hand-drawn figures.

This is where the journey from concept to concrete begins. It’s a pivotal transformation, facilitated by the adept hands of a Visio specialist at Harrity. With an arsenal of tailored templates and precision stencils, these initial sketches are elevated to the standards of professional patent drawings—often within the span of a day.

For many practitioners, however, such in-house luxuries may be a distant dream. Neil advises those in the wider legal landscape to seek out and foster relationships with professional drafters or specialized firms. Particularly for elaborate mechanical applications, where the minutiae matter, these partnerships can be invaluable.

Neil’s strategic advice extends beyond the logistics of drafting—it’s a philosophy of time management and focus. For the modern attorney, particularly in the world of fixed fees, the importance of honing in on crafting claims and the specification is paramount. Neil shares some of his personal tips to cut down on the drafting drudgery: avoid redrawing components that can be pulled from an IDF or another application—simply annotate “copy from slide 7 of the IDF” as a directive. And when it comes to modifications, why not start with a print-out of an existing drawing and manually add your edits?

At the heart of Neil’s methodology is a balance between efficiency and quality. By delegating the drawing process, attorneys at Harrity & Harrity are empowered to dedicate their expertise to the core elements of patent applications. This not only enhances the firm’s productivity but also upholds the high-quality standard that clients have come to expect.

What inventive methods do you employ in your practice to ensure your patent drawings are the epitome of efficiency and precision? At Harrity & Harrity, we’re committed to learning and sharing insights that propel us all towards excellence in the ever-evolving patent landscape.

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!

Streamlining Inventor Approvals in Patent Drafting

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As patent attorneys, one of our principal objectives is to draft applications that not only meet legal standards but also receive the nod of approval from the inventors we represent. It’s a delicate balance of interpreting technical ingenuity and presenting it through the stringent lens of patent law. Join us this week in our Practical Patents series, as Neil Kardos offers seasoned advice on how to navigate this process effectively, ensuring that when inventors review our applications, their most frequent response is an affirming “looks good.”

The process begins with the inventor interview—a critical juncture where the foundation for a robust application is laid. Here, we delve into the nuances of the main embodiment of the invention. Yet, it’s not just about the present innovation; it’s about potential future iterations as well. This is where the art of questioning becomes paramount.

Neil advises that to unlock the full narrative of an invention, one must go beyond the surface. It starts with identifying the novel aspects of the technology at hand. The question “What are some other ways this could be done?” not only helps in outlining potential alternatives but also safeguards against future design-around efforts. By brainstorming these alternatives preemptively and discussing them with inventors, we can stimulate a more dynamic and comprehensive exploration of the invention’s scope.

The inquiry doesn’t stop at what exists; it extends to what could follow. Asking inventors to envision further improvements or next steps in their innovation journey can reveal valuable insights into the invention’s future applications or enhancements. This foresight is crucial in crafting a patent application that is not only relevant today but will stand the test of time.

Lastly, a thorough wrap-up question such as “Is there anything we’ve overlooked?” ensures that all relevant details have been captured. It’s an essential part of the interview that can uncover overlooked aspects, leading to a more complete and robust application.

Setting expectations with the inventor is equally vital. The level of detail and focus in the patent application often correlates with the inventor’s experience with the patent process. For newcomers, it’s beneficial to outline what the patent application will include and why certain aspects will be highlighted over others. This clarifies the document’s focus on novel elements and prepares the inventor for the application’s format and content.

By adhering to these strategies, Neil asserts that patent attorneys can significantly reduce the need for subsequent revisions and increase the likelihood of obtaining that initial “looks good” from inventors. This approach not only streamlines the review process but also fosters a collaborative relationship with the inventor, ultimately leading to higher-quality patent applications.

The key is about understanding the inventor’s vision and ensuring that the patent application accurately and effectively communicates that vision within the legal framework. By incorporating these practices, patent attorneys can enhance their drafting process, resulting in greater satisfaction for both the inventors and the legal professionals tasked with protecting their creations.

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!

Understanding the Sequence: Navigating the Nuances of “First” and “Second” in Patent Claims

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In the meticulous practice of patent application drafting, the choice of words can be as crucial as the invention itself. Neil Kardos explores the subtleties of using sequential terms in the latest edition of the Practical Patents Series. Clarity and precision in claim language are the cornerstones of a robust patent application, a principle that Neil emphasizes in his discourse.

The common practice of denoting elements or steps as “first” and “second” serves a fundamental role in distinguishing components within patent claims. However, Neil cautions that these seemingly straightforward terms can be a double-edged sword. He presents a scenario that many practitioners encounter: defining a sequence within an invention. The term “first” might intuitively imply the beginning of a sequence, but as Neil elucidates, its interpretation in patent law can be broader.

Neil urges that when the order is pivotal to an invention’s functionality, the terms “first” and “second” should be used with discernment. For instance, if the intention is to specify the very start of a sequence, more explicit language might be warranted, such as “an initial time period” or “the earliest-occurring time period.” These alternatives leave no room for ambiguity and ensure that the claims are understood as intended.

In his practical guidance, Neil also highlights the importance of aligning the specification and drawings with the claims. This harmony across the patent application is vital for delineating the exact meaning of sequence terms, especially when dealing with inventions where timing is key.

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!

Navigating Patent Prosecution: Understanding Your Examiner for Better Outcomes

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In the world of patent prosecution, understanding the intricacies of the process can be the key to success. Neil Kardos shares some invaluable insights into how to achieve better outcomes during patent prosecution. With a background as a former patent examiner at the USPTO, Neil brings a unique perspective that can significantly impact your patent application journey.

Neil’s journey from a patent examiner to his current role at Harrity has given him a unique perspective on the patent world, and he’s here to shed light on a crucial aspect of the process – working effectively with examiners.

When Neil embarked on his career as a patent examiner, he encountered the familiar hesitation that often plagues newcomers in the field when it comes to allowing patent applications. This sentiment was widespread among his peers, and the challenges were amplified by his assignment to a business methods art unit. Neil’s early experiences reflect the reality of the patent landscape, as his examiner score in PatentPrufer started at a modest 56 out of 100.

Experience Breeds Confidence

Time and experience proved to be Neil’s greatest allies. With the accumulation of years spent in patent examination, he gradually became more comfortable with granting patents and, equally crucial, collaborating effectively with applicants to fine-tune claims for a higher likelihood of success. Neil’s journey underlines a universal truth in patent prosecution: grasping the unique dynamics of your assigned examiner is a cornerstone of success.

In the world of patent examination, each examiner brings their distinct perspective, expertise, and approach to the table. Acknowledging and embracing this individuality is pivotal in navigating the intricacies of patent prosecution. At Harrity & Harrity, we recognize this fundamental truth.

Harnessing the Power of Examiner Analytics

Within our firm, we harness the potential of examiner analytics to make well-informed decisions during the prosecution process. A critical judgment involves evaluating whether to request the presence of a primary examiner during inventor interviews. This decision hinges on the experience level of the examiner assigned to your application.

Moreover, you have the opportunity to request a specific primary examiner based on their performance score. This score offers a rough indication of their likelihood to allow your patent application. It’s a strategic move that can significantly impact your prosecution strategy.

In closing, Neil’s remarkable journey underscores a profound truth: the art of patent prosecution is as diverse as the examiners themselves. By delving into the intricacies of each examiner’s approach and leveraging the power of examiner analytics, you hold the key to unlocking a world of possibilities in the ever-evolving landscape of patents. As you embark on your own patent prosecution journey, remember that knowledge truly is power, and harnessing it can lead to transformative success.

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!

Revolutionizing the Patent Landscape: The ‘Driving Diversity’ ADAPT Webinar Unpacks the Future of Diversity in Patent Law

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Today, we’re diving into a subject that’s close to our hearts: the advancement of diversity in the patent law field. If you’re as passionate about this issue as we are, you’ll want to know all about the Diversity Dialogue: ADAPT Webinar that recently took place. This event brought together some of the brightest minds in the industry to discuss diversity, equity, and inclusion (DEI) in patent law.

In a world where innovation drives progress, it’s important for the teams behind the patents to reflect the diversity of the world they serve. This isn’t just an ethical imperative; it’s a business necessity. Diverse teams bring fresh perspectives that can catalyze groundbreaking ideas. And that’s where the ADAPT initiative comes in, as a collaborative effort aimed at making tangible changes in the industry.

Harrity’s Elaine Spector was joined by panelists Gail Su (Google), Mike Binns (Meta) and Judy Yee (Microsoft) as this collective wisdom came together to delve into the ADAPT initiative, each contributing their unique perspectives and expertise.

How ADAPT Came to Be

Elaine Spector kicked off the discussion by recounting the founding story of ADAPT. The goal? To transition from mere talk to meaningful action. The thought that collective action from power players like Google, Meta, and Microsoft was the key to making waves in the patent law ecosystem. So they formed a DEI collective and gave it a name worth remembering: ADAPT.

Why DEI Isn’t Just a Buzzword

DEI isn’t a corporate fad—it’s a corporate strategy. Gail Su hit the nail on the head, reminding us that diverse teams don’t just check boxes; they break new ground. Also, Mike Binns pushed us to think broader about what diversity means. It’s not just about color or gender; it’s about varied educational backgrounds, experiences, and even diverse ways of thinking.

The Progress So Far

ADAPT is more than just a collective on paper; it’s making real moves. From mentorship programs to data analytics for tracking DEI metrics, this initiative isn’t playing small. ADAPT isn’t here for the short game, but is looking to build sustainable diversity.

As we look to the future, the objectives for ADAPT extend well beyond the present moment. The panelists articulated a strategic vision aimed at institutionalizing DEI practices within the patent law ecosystem. Elaine Spector emphasized Harrity & Harrity’s unwavering commitment to not only supporting but also actively contributing to these pioneering initiatives. The ambition is to elevate DEI practices to the level of an industry standard, setting a precedent for excellence and inclusivity that other firms in the patent law field will aspire to meet.

Questions to Spark Your Imagination

  1. How can your firm adopt a data-driven approach to keep DEI at the forefront?
  2. What unorthodox strategies could you utilize to attract and retain diverse talent?
  3. Could DEI be the secret sauce for your organization’s long-term success?

If this post has piqued your interest, don’t miss the chance to watch the entire ADAPT Diversity Dialogue Webinar here. Until we meet again, let’s continue to challenge the status quo and reshape the future landscape of patent law.

Watch the full webinar here:

Want to get involved? Check out the useful link below!

ADAPT.LEGAL


Want more? Watch Elaine Spector’s Driving Diversity series HERE. Elaine shares tips and sparks conversations to drive diversity in the legal field in this weekly short-video series.

Providing Context in Patent Applications: A Strategic Approach to Storytelling and Claiming

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Patent professionals understand that the choice of language in patent applications can have far-reaching implications. This week, Neil Kardos explains how one such term fraught with peril is “background.” The concerns around this terminology are twofold:

  1. Admitted Prior Art: Any information presented in a section labeled as “background” may be considered as admitted prior art, which can negatively influence the patent examination process.
  2. Obviousness Rejection: Describing the problem solved by the invention under “background” could provide the examiner with a basis to argue that the solution is obvious, thereby facilitating an obviousness rejection.

Alternatives to ‘Background’

So, how can one maneuver around these pitfalls? Neil explains that there are two strategies that can be employed:

Omission or Renaming

The first strategy is to either omit a section explicitly called “background” or to rename it to something like “Introduction” or “Technical Field.” By doing so, you reduce the risk of the examiner interpreting this section as an admission of prior art.

Contextual Placement

The second strategy involves placing the context or “background” information within the “Detailed Description” section. Here, you can set the stage for understanding the technical problem without overtly admitting it as prior art.

Tailoring Context to the Nature of the Invention

Different types of inventions require different levels of contextual detail:

  • Technical Standards-Related Inventions: For an invention that closely aligns with technical standards, it’s crucial to clarify any standard-specific terminology. Failure to do so could lead to an examiner or court misconstruing your patent claims.
  • Consumer-Friendly Inventions: For inventions that are easier to comprehend, such as extending a phone’s battery life, a shorter, less technical explanation would suffice.

Addressing Section 101 Rejections

For inventions that stand a high chance of facing Section 101 rejections, it’s beneficial to frame the invention as a technical solution to a technical problem. This could make it easier to argue against any 101-based rejections.

In conclusion, Neil explains that choosing the right language and placing it appropriately can make a significant difference in the outcome of a patent application. By considering the nature of your invention and the potential pitfalls surrounding the term “background,” you can craft a more compelling and robust patent application. This strategic approach not only improves the chances of success at the patent office but also sets a strong foundation for any subsequent legal evaluations.

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!

Rocky Berndsen Recognized as World Leading IP Strategist in 2023 IAM Strategy 300 List

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Harrity & Harrity is pleased to announce that our Head of Analytics, Rocky Berndsen, has been honored by IAM as a 2023 World Leading IP Strategist. This prestigious award serves to recognize individuals who are at the forefront of developing and executing strategies that maximize the value of intellectual property portfolios.

As stated by IAM-Media.com, the selection process for this accolade is rigorous and involves confidential online nominations. The comprehensive research methodology includes face-to-face and telephone interviews, as well as email exchanges with senior figures in the global IP community.

This marks the fourth consecutive year that Rocky has earned a spot on the IAM Strategy 300 List, underscoring his consistent excellence and leadership in the field.

“Proud and humbled to be named among the top IP strategists in the world by IAM Strategy 300. It’s a testament to my team’s relentless pursuit of innovation and excellence in the IP world. Grateful for the opportunity to contribute to such a dynamic field!” he shared.

Rocky Berndsen leads the analytics group at Harrity & Harrity, specializing in delivering data analytics services to corporate clients. These services are designed to provide valuable insights and intelligence regarding not only the clients’ own patent portfolios but also those of their competitors, their external legal teams, and the patent industry at large.

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The Power of Checklists in Patent Application Drafting

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When it comes to the intricate process of drafting patent applications, even seasoned professionals can find themselves submerged in a maze of technicalities, client-specific requirements, and meticulous details. Neil Kardos highlights a simple yet effective strategy for navigating this complex terrain: the use of a checklist. This blog post delves into how a well-crafted checklist can not only improve the quality of your patent applications but also bring a new level of efficiency to your work.

The Quality Factor: More Than Just a Safety Net

First and foremost, let’s talk about quality. It may seem like a given, but when you’re working on something as complex as a patent application, it’s surprisingly easy to forget the basics. Running a spell check or utilizing patent proofreading tools might seem rudimentary, but these are the steps that ensure the polished finish of a professional application. Here, a checklist acts as more than just a safety net; it becomes an essential quality control measure. By ticking off these checks as you go, you make sure that no minor or major step gets overlooked, thereby elevating the quality of your entire application.

Navigating Client Preferences: A Customized Approach

In a professional landscape where one size rarely fits all, it’s imperative to cater to the unique needs of each client. Whether it’s about the sequence in which they want to review the application—be it claims, figures, or the entire draft—or the mode by which they prefer to receive submissions, client preferences can vary widely. This is where a customized checklist shines. Not only does it serve as a reminder of the individual needs of each client, but it also acts as a flexible tool that can be adapted to different processes, ensuring you hit the mark every time.

Drafting: An Art and a Science

When it comes to the art and science of drafting a patent application, most of us don’t approach it in a linear fashion. Neil, for instance, prefers to start with the context for the invention and the details of the invention itself. This initial focus allows him to fine-tune the claims, which are the backbone of any patent application. Once the claims are set, he then circles back to complete the summary, flow chart descriptions, and other interconnected sections. Here, the checklist serves as a tactical guide, ensuring that not only do all these pieces get the attention they deserve, but they also follow an optimized sequence for maximum efficiency.

At its core, a checklist is more than just a list of tasks; it’s a strategic tool that enables better planning, higher quality, and efficient execution in the patent application drafting process. Neil recommends creating master checklists that can be customized according to the diverse needs of each client. This approach not only fosters quality and efficiency but also brings a newfound level of clarity to your drafting 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!

The Art of Word Selection in Patent Application Drafting

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Drafting a patent application is an art form that requires meticulous attention to detail, especially when it comes to language use. Neil Kardos accentuates this point by highlighting the potential pitfalls of using terms like “first” and “second” in patent claims. Such terms, while seemingly straightforward, can introduce ambiguity that may have far-reaching legal implications.

Neil presents a compelling example to illustrate the complexities involved. Imagine a claim that involves multiple signals, say a “first signal” that generates a “second signal.” If additional claims reference other signals, labeling them as “third,” “fourth,” etc., could create significant confusion. This is not just a theoretical concern; such ambiguity could actually compromise the enforceability or scope of the patent claim.

Strategic Approaches to Resolve the Issue

  1. Specific Labeling: One way to avoid confusion is to adopt specific labels for these signals. However, care must be taken to ensure these labels do not unintentionally limit the claim’s scope.
  2. Dependent Claim Labeling: Another approach Neil recommends is to only use “first” and “second” in the independent claim. This allows for the use of distinct labels for signals in dependent claims, minimizing the risk of confusion.

Considerations for Long-term Strategy

As patent attorneys, agents, and support staff, it’s crucial for us to think beyond the immediate challenges of patent drafting. For instance, how can we adopt an analytics-driven approach to identify common pitfalls in patent application drafting? How could automation aid in standardizing terminology and reducing errors?

Neil’s advice is not just a set of drafting tips but also a call for critical thinking in the patent field. His insights remind us that every word in a patent application carries weight and could have long-term consequences for innovation in the computer, electrical, and mechanical fields. As we continue our pursuit of innovation and quality in patent law, taking heed of such expert advice is indispensable.

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!

Mastering the Art of the Inventor Interview: Ensuring Confidence While Asking the Right Questions

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Greetings fellow patent enthusiasts! An inventor interview is not just an information-gathering session; it’s an opportunity to build rapport and trust between the inventor and the patent professional. Join us this week as Neil Kardos explains how the nuances of these interactions can significantly impact the inventor’s confidence in your capabilities to represent their interests adequately.

Pre-Interview Research: A Non-Negotiable Step

Before the interview, always take the time to research any unfamiliar concepts in the inventor’s documentation. This not only prepares you for the discussion but also avoids asking questions that could potentially undermine the inventor’s confidence in your expertise. A simple web search for unknown terms or concepts is often enough to provide the necessary context.

Tackling the Unknown: Phrasing is Key

There will inevitably be times when prior research doesn’t yield clear explanations for certain terms or technologies. In such instances, how you pose your questions can make all the difference. Here are some strategies:

1. Acknowledge Your Effort

Example: “I searched the web for XYZ, but I couldn’t find a really good explanation. Can you explain it to me?” This approach shows that you have made an effort to understand but have hit a roadblock, inviting the inventor to fill in the gaps.

2. Draw Parallels with Familiar Concepts

Example: “I’m familiar with how ABC works, but I don’t understand XYZ. Can you explain it to me?” This method acknowledges your expertise in related areas and humbly asks for clarification on the specific topic at hand.

3. Navigate Company-Specific Jargon

Example: “I saw that you’ve used the term XYZ in your documentation, and I couldn’t find a good explanation of what that is. Can you explain that to me, or is there another term for this that I could look up?” When dealing with internal jargon, this approach shows that you are proactive and willing to learn.

The inventor interview is a crucial aspect of patent law practice, requiring a blend of expertise, humility, and strategic questioning. A well-prepared and conscientiously executed interview not only yields the information necessary for drafting a robust patent application but also establishes a positive working relationship with the inventor.

So the next time you’re preparing for an inventor interview, remember these tips. A little preparation and strategic questioning can go a long way in ensuring a productive and confidence-inspiring conversation. 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!

A Strategic Approach to Preparing Patent Claims for Multiple Jurisdictions

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Welcome back, fellow patent enthusiasts! In the dynamic world of patents, one size does not fit all, especially when considering international filings. As a seasoned patent professional, Neil Kardos delves into strategic tips tailored to the unique requirements of several major jurisdictions.

1. Understanding U.S. Application Trends: For U.S. applications, it’s customary to file with 3 independent claims and 20 total claims, maximizing the filing fee benefit without incurring additional charges for excess claims. As an illustration from software patent applications, Neil frequently files:

  • 7 method claims
  • 7 device claims
  • 6 computer-readable medium claims

2. European Patent Office (EPO) Strategies: The EPO permits 15 claims without additional fees. A savvy approach Neil adopts is leveraging method claims to craft a nuanced computer-readable medium claim. This involves:

  • Using the 7 method and 7 device claims from the U.S. application.
  • Adding a unique 15th claim: “A computer program product that, when executed by a processor, causes the processor to perform the method of any of claims 1 to 7.”

Further, utilizing multiple dependent claims, which the EPO allows, can be beneficial.

3. Navigating Claim Filings in China and India: Both China and India allow a filing of up to 10 claims without surplus fees. Given that each additional claim costs under $25, Neil suggests submitting between 10 to 20 claims from the U.S. application. Filing all 20 claims in these jurisdictions would cost approximately $250, a stark contrast to the EPO’s fee structure.

4. The Canadian Perspective: Canada presents a unique scenario, as there aren’t excess claim fees. Neil’s strategy here often involves deferring examination until the entire U.S. patent family (inclusive of parent applications and continuations) is finalized. Subsequently, a Patent Prosecution Highway request is filed with an amendment encompassing all claims from the sanctioned U.S. applications.

In conclusion, effectively preparing patent claims for international jurisdictions demands both a deep understanding of regional nuances and a strategic mindset. Neil’s insights, as presented, provide a robust foundation for such endeavors.

Thank you for reading, we invite you to share your experiences and tips regarding claim preparation in these or other jurisdictions. 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!

Paul Harrity Featured in Washington Lawyer Magazine

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In a recent feature by the Washington Lawyer Magazine, Paul Harrity, Managing Partner at Harrity & Harrity, LLP, shared his experiences and insights on the revolutionary ChatGPT technology.

In the article, Paul and other law firm leaders discuss the power of ChatGPT in boosting efficiency, experimentation with the tool’s capabilities when it comes to legal tasks, the ethical considerations, including the importance of confidentiality, to take into account when using ChatGPT, and the overall industry perspective of incorporating the use of AI into what once was a very traditional practice.

In particular, Paul’s exploration of ChatGPT underscores the potential of AI in revolutionizing the legal field, while also highlighting the need for careful consideration of ethical implications.

You can read the full article HERE.

 

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Enhancing Claim Readability for a Competitive Edge

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Greetings once again, esteemed patent aficionados! We’re back this week with Neil Kardos’ Practical Patent tips, as he shares a valuable tip that can not only enhance the readability of your patent claims but might also bestow a subtle psychological advantage when liaising with a patent examiner.

In the complex field of patent drafting, clarity and precision are paramount. Neil shares a valuable insight into refining the presentation of patent claims. The objective? To make them more reader-friendly and potentially create a positive impression on patent examiners.

Typically, claims are drafted using sizable blocks of text for each step or component. These blocks are neatly separated by semicolons and start on fresh lines with an indent. But what happens when a single step or component spans over four lines or more?

Neil suggests, “If you encounter a step comprising two lines, followed by a ‘wherein’ clause also spanning two lines, it can be cumbersome for readers. Instead of presenting it as a continuous four-line chunk, break it up.” He recommends placing a comma at the end of the first two lines, then initiating the ‘wherein’ clause on a new indented line. This technique breaks the invention down into bite-sized, easily digestible segments.

Possible Psychological Advantage with Examiners

Another potential upside to this approach is its optical effect. The same word count, when spaced out, consumes more lines on paper, possibly giving the impression of a more detailed claim. Kardos, drawing from his experience as a former examiner, expresses skepticism about the weightage of this theory. He says, “In my examiner days, I was mostly hunting for the claimed invention, irrespective of its presentation.” However, if an examiner vacillates about an allowance, and this presentation nudges them towards granting it, then the strategy surely holds merit.

Enhanced Readability Equals Improved Quality

Neil emphasizes that the chief advantage of this technique lies in its improved readability. An easily comprehensible claim not only facilitates the examiner’s job but also ensures that reviewers and inventors can accurately gauge if the invention has been captured aptly.

He concludes, “In the intricate realm of patents, clarity is a boon. By adopting this simple strategy, patent attorneys can significantly enhance the quality and perception of their claims. I genuinely hope practitioners find this tip beneficial.”

Thank you for reading, and we invite you to explore more insights and strategies in the patent field on our Practical Patents blog series. 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!

Honing Business Methods Patent Applications: A Shift Towards Technicality

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Welcome back, fellow patent enthusiasts! We’re back this week with Neil Kardos’ Practical Patent tips, as he draws on his experience as a former business methods patent examiner and his extensive work in the field, to offer strategic insights for navigating the complex terrain of business methods patent applications. Neil emphasizes the imperative of transitioning the focus from primarily business methods to technical aspects.

Understanding the Shift

Business methods often grapple with a common conundrum: they are inherently business-centric, which makes them particularly susceptible to invalidity challenges. The magic lies in reframing the invention’s narrative. Neil’s approach hinges on the following:

  • Engaging in Inventor Conversations: Start by discerning the technical elements during initial discussions with inventors. This sets the groundwork for refocusing the application.
  • Identifying Key Technical Aspects: Using an example of a system harnessing transaction data to inform users about sales in nearby stores, Kardos underscores the value of delving into the ‘how’ of the invention. This includes understanding:
    1. The mechanisms behind determining a user’s shopping preferences.
    2. The methodologies for identifying stores with ongoing sales.
    3. The intricacies of location-based messaging.

By interrogating these technical dimensions, the narrative can shift away from targeted advertising to spotlight the innovation’s technical prowess.

Deep Dive into Technicality

To reimagine a business methods patent application with a technical lens, consider the following questions:

  1. Data Processing & Analysis: How is the user data processed? Are there any transformative elements involved? Does the system employ machine learning techniques?
  2. Sales Data Acquisition: Does the system utilize web scraping? Is there an element of natural language processing involved? How are emails analyzed for sales information?
  3. Messaging Mechanism: How is location-based messaging achieved? How does the system discern store locations? What decision-making algorithms are in place for timely and relevant messaging?

Addressing these inquiries aids in capturing the essence of the invention’s technical novelty, presenting it in a light more favorable for patent allowance.

Conclusion

The patent application domain is rife with challenges, especially for business methods. However, with a tactful shift towards highlighting technical components, these hurdles can be effectively navigated. Neil Kardos’s expertise and willingness to share knowledge offer a beacon of hope for those navigating this intricate field.

Thank you for reading, and we invite you to explore more insights and strategies in the patent field on our Practical Patents blog series. 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!

Paul Harrity and Elaine Spector Named 2023 Patent Stars in MIP’s IP Stars Rankings

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Harrity & Harrity is pleased to announce that Paul Harrity & Elaine Spector were recently selected by Managing IP, the leading specialist guide to IP law firms and practitioners worldwide, as 2023 Patent Stars.

The annual “IP Stars” list recognizes leading lawyers and law firms for intellectual property work in more than 125 jurisdictions.

Paul is Harrity’s Managing Partner. He focuses on preparing and prosecuting patent applications. He began his career in 1991 as a patent agent at the United States Patent and Trade Office. Since leaving the USPTO, Paul has prepared hundreds of patent applications and thousands of Patent Office responses.

Elaine is a Partner at Harrity and has over 20 years of experience in intellectual property law. Her current practice consists primarily of prosecuting patent applications with a focus on electromechanical technologies. Prior to joining Harrity & Harrity, Elaine worked in private practice for over 15 years handling various intellectual property matters, including patent application drafting and prosecution, trademark prosecution and enforcement, as well as litigating complex patent cases in federal courts. Elaine’s extensive litigation experience provides her with a unique perspective in prosecuting patent applications.

 

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Crafting Single-Party Infringement Claims: A Strategic Approach

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Hello there, fellow patent enthusiasts! We’re back this week with Neil Kardos’ Practical Patent tips, as he explains how drafting claims capable of being infringed by a single party (as opposed to multi-party infringement) enhances the enforceability of your patent rights. Neil shares a pattern that he has found immensely useful in drafting such claims, particularly for process-based inventions. The pattern revolves around three key steps: Reception, Determination, and Transmission.

1. Identify the Inventive Device: “Where is this Invention Happening?”

When working with a process-based invention, it is essential to pinpoint the inventive device. This could be a server on the back end, a client device on the front end, or a router. Understanding the core hardware is the foundation for creating robust and clear claims.

2. Determine the Trigger: “What Triggers the Inventive Device to Perform the Invention?”

The inventive process often begins with a reception or “receive” step. Knowing what triggers the inventive device allows you to craft the initial steps of your claim more accurately.

3. The Novelty Lies in Determination: “What Does the Inventive Device Do With the Information?”

This stage often includes one or more “determine” steps and usually houses the novel aspects of the invention. The language here might vary, but focusing on what the inventive device does with the received information is pivotal.

4. Conclude with Transmission: “What’s the Result?”

Often, the inventive process concludes with a “transmit” step. Identifying what the inventive device does with the determination helps in framing the claim in a manner that aligns with single-party infringement.

Neil Kardos’ pattern of (1) Reception, (2) Determination, and (3) Transmission serves as an efficient framework for drafting patent applications for process-based inventions. While not universally applicable, it offers a cohesive approach to ensure claims are infringeable by a single device, and hence, a single party that controls that device.

Understanding the nature of the inventive device, the sequence of steps involved in the invention, and the novelty can streamline the claim-drafting process. This methodology not only simplifies the legal proceedings for clients but fosters innovation by providing a clear pathway to protect new inventions.

Thank you for reading, and we invite you to explore more insights and strategies in the patent field on our Practical Patents blog. 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!

Elaine Spector: Thoughts on Mandatory Returns to Office

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Elaine Spector shares her candid thoughts on law firms requiring an in-person return to office as we transition into a post-COVID environment below.

“I get so frustrated when I hear about another Biglaw firm requiring their lawyers to return to the office full-time with minimal remote work options. While various factors may drive these changes, they have the potential to affect lawyers, particularly those with families, disproportionately.

Remote work has proven to be a game-changer for many professionals, allowing them to effectively manage their careers and personal responsibilities. The legal field is no exception, as countless lawyers have thrived while juggling complex cases and family commitments from the comfort of their homes. However, a shift away from remote work in certain Biglaw firms could inadvertently create an uneven playing field, disadvantaging those who rely on remote work options to maintain a healthy work-life balance.

Lawyers with families, in particular, could face challenges due to this shift. Many parents find remote work a lifeline, enabling them to be present for their families while delivering exceptional legal services. Eliminating or limiting remote work opportunities may unfairly bias these dedicated professionals. It doesn’t need to be this way.

When I went remote six years ago, my life completely changed. I didn’t have to waste time in my car commuting, and I could attend to my family and work more readily. I was so much less frazzled and present and happy. I became a top biller and a top rainmaker. Don’t you all want your lawyers to feel balanced and happy? I guarantee they will overperform if they are.

Are you feeling frustrated by the return to the office edicts? I’d love to hear your comments.”

Want more? Watch Elaine Spector’s Driving Diversity series HERE. Elaine shares tips and sparks conversations to drive diversity in the legal field in this weekly short-video series.

Elaine Spector Honored with the 2023 Stars of the Bar Award

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In a remarkable acknowledgement of excellence, Elaine Spector, a partner at Harrity & Harrity, has been awarded the 2023 Stars of the Bar Award by the Women’s Bar Association of the District of Columbia (WBA). This award celebrates women who have made significant contributions to the legal community and is emblematic of Elaine’s steadfast commitment to the principles that define her legal career and our firm’s mission.

About the Stars of the Bar Award

The Stars of the Bar Award is an annual recognition by the WBA Foundation, designed to honor exceptional women attorneys who have demonstrated leadership, community service, professional growth, and commitment to the WBA’s mission of maintaining the honor and integrity of the profession. This award adds to Elaine’s rich legacy of excellence in the legal community.

Dedication to Diversity

Elaine’s work in promoting diversity within the patent field echoes Harrity’s focus on increasing diversity and championing underrepresented groups in intellectual property law. Her alignment with the values recognized by the Stars of the Bar Award further emphasizes her dedication to this vital cause.

Innovation and Quality

Elaine has actively contributed to our firm’s endeavors in automation, quality, analytics, and innovation. Her role in building a progressive environment aligns with the innovative spirit rewarded by the Stars of the Bar Award and highlights Harrity’s leadership within the patent law industry.

Community Involvement

A firm believer in giving back, Elaine’s community involvement resonates with Harrity & Harrity’s values and the WBA’s focus on community service. Her generous efforts have fostered a culture of responsibility and compassion, reflecting the ideals celebrated by the Stars of the Bar Award.

Elaine Spector’s receipt of the 2023 Stars of the Bar Award by the Women’s Bar Association of the District of Columbia is a notable acknowledgment of her professional excellence, innovation, commitment to diversity, and community service. This award aligns perfectly with Harrity & Harrity’s values, making it a proud moment for our firm. We extend our heartfelt congratulations to Elaine and eagerly anticipate her continued achievements in patent law.

Want more? Watch Elaine Spector’s Driving Diversity series HERE. Elaine shares tips and sparks conversations to drive diversity in the legal field in this weekly short-video series.

Handling Different Types of Invention Disclosure Forms (IDFs): A Practical Guide with Neil Kardos

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Greetings, fellow patent enthusiasts! We’re back this week with Neil Kardos as he shares invaluable insights into handling different types of IDFs in preparation for inventor interviews.

Understanding the “Good IDF”

According to Neil, IDFs commonly fall into three categories: the “good IDF,” the “sparse IDF,” and the “huge IDF.” In this particular discussion, he zeroes in on the “good IDF,” which many practitioners would consider the dream scenario.

With a “good IDF”, you find that the materials clearly elucidate the workings of the invention. You read through them, and you have a lucid grasp of the concept. There might be minor details that elude you, but for the most part, you understand it.

But here lies the pitfall.

The Trap of the “Good IDF”

If you’re operating in a fixed-fee world, it may be tempting to expedite the inventor interview. Neil narrates a familiar sentiment: “Thank you so much inventor. The materials you shared are fantastic, and I understand your invention. I just have two quick questions, and then we can both be on our way.”

This approach, Neil warns, is a grave mistake for two reasons:

  1. The Human Connection: You might perceive yourself to be in the patent business, but, as Neil underscores, you’re really in the people business. This interview might be the inventor’s only chance to thoroughly articulate their invention to someone. Rushing through the process might lead the inventor to think that you’re not giving their project the attention it deserves.
  2. Missing Out on Insights: Without delving into the invention, you may overlook misunderstandings or additional features the inventor wants to emphasize. Moreover, rushing the interview may rob you of the opportunity to brainstorm on the call, possibly missing key aspects that could enhance the patent’s value.

Conclusion: Embrace the Process

Neil’s parting wisdom is this: don’t succumb to the allure of the “good IDF” by thinking that you can bypass the inventor interview. You might save some time, but the loss in understanding and human connection will cost you in the long run.

His advice is not merely about patent law but transcends into the realm of human relations and communication. Thanks for watching, and we hope this guidance from Neil helps those venturing into the complex and nuanced world of IDFs. 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!

Essential Tips for Conducting Inventor Interviews with Minimal Documentation

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Greetings, fellow patent enthusiasts! We’re back this week with valuable insight from Neil Kardos as he unveils a strategic approach for acquiring comprehensive information about an invention when faced with limited initial documentation. In scenarios where only the title of the invention or a few descriptive sentences are available, this guide can be instrumental.

Understanding the Challenge

Sometimes, patent professionals receive scant details about an invention before an inventor interview. Reaching out to inventors for more information might be an option, but not always feasible. In such a scenario, Neil has perfected an approach that’s applicable to virtually any technology.

A Generic Outline of Questions

Years ago, Neil created a generic outline of questions, adaptable to different technological contexts. When dealing with a sparse disclosure document, this outline can be supplemented with specific inquiries about the invention.

High-Level Orientation

The outline begins with broad questions to set the context:

  1. What is the background and context for this invention?
  2. What is the problem being addressed?
  3. What are the advantages of this invention over alternatives?
  4. What are the novel elements of the invention?
  5. How does the invention align with business strategy?

Detail-Oriented Approach

After establishing the context, Neil delves into the intricacies. His inquiry typically focuses on two general questions:

  1. How does the invention function step by step? This question seeks to uncover the mechanisms, alternatives, and possibly the independent claims and flowcharts of the patent application.
  2. In what environment does the invention operate? This inquiry aims to identify crucial devices or components that elucidate how the invention functions.

Practical Recommendations

Drawing from his extensive experience, Neil recommends patent professionals to compile their list of questions or adapt his outline to individual needs. Being prepared with these questions ensures that even with minimal information, one can glean everything necessary about the invention during the inventor interview.

In conclusion, navigating an inventor interview with limited information need not be a daunting task. By following Neil’s structured approach, patent professionals can master the art of extracting vital information about an invention. His advice stands as a testament to effective preparation, innovation, and adaptability within the patent field, helping to ensure clarity and thoroughness in each patent application.

Thank you for reading! We hope these tips help you improve your patent drafting skills. 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!

Efficiently Handling Overwhelming Amounts of Invention Disclosure Materials

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Greetings, fellow patent enthusiasts! We’re back this week with valuable insight from Neil Kardos on dealing with a common challenge faced by patent practitioners: receiving an overwhelming amount of invention disclosure materials prior to a call with inventors. While most patent professionals might be familiar with handling situations where there is too little material, Neil sheds light on what to do when faced with an abundance of information that can potentially consume an entire day of review.

Navigating the Flood of Invention Disclosure Materials: When confronted with a plethora of materials, Neil advises that the first step is to skim through the documents to get an overall sense of the content. The main objective at this stage is to identify technical information and elements that appear new and innovative. Making a note of the slides or pages that contain interesting technical content is crucial to preparing efficiently for the inventor call.

Framing the Conversation: Once Neil has an idea about the potential new features, he supplements his regular outline of questions for inventor interviews with inquiries specifically related to those features. This tailored approach allows him to focus the conversation on the most relevant and critical aspects of the invention. During the inventor call, he also sets the tone by addressing the abundance of materials and enlists the inventors’ help in identifying content that is pertinent to the patent application, particularly focusing on the novel technical aspects.

Efficiently Capturing the Invention: By framing the conversation around the key features and focusing on what’s new and innovative, Neil ensures that the conversation is purposeful and streamlined. This approach enables him to efficiently capture and flesh out the details of the invention without being bogged down by unrelated or extraneous material.

Confirmation and Adaptation: During the call, if the inventor verifies Neil’s assumptions regarding the new features, he proceeds with his supplemented outline of questions to delve deeper into the invention’s specifics. Additionally, he makes sure to address the slides or pages that he earlier identified as important. However, if his initial assumptions were incorrect, Neil seamlessly transitions back to his original outline of questions to gain a comprehensive understanding of the invention.

In conclusion, handling an overwhelming amount of invention disclosure materials can be daunting, but using Neil’s practical approach provides valuable guidance for patent practitioners facing this challenge. By quickly skimming through the materials, focusing on the new and interesting technical aspects, and seeking the inventor’s input, one can efficiently navigate through the flood of information and conduct a productive and insightful inventor call. This not only saves valuable time and effort but also ensures that the patent application process is effective and aligned with the invention’s core features.

Thank you for reading! We hope these tips help you improve your patent drafting skills. 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!

Boosting Patent Application Drafting Efficiency and Quality

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Greetings, fellow patent enthusiasts! Today, we’re excited to share an invaluable tip from Neil Kardos on how to improve the efficiency and quality of your patent application drafting. We’ll delve into the benefits of this approach and explore how it can streamline the patent application process.

When it comes to patent drafting, timing is everything. One of the most significant time-saving strategies Neil employs is to draft claims and figures promptly after conducting an inventor interview. By capturing the essence of the invention while it’s fresh in his mind, he achieves remarkable results.

Here’s how he does it: After scheduling an inventor interview, Neil blocks off a few hours afterward to work on claims and figures. By setting aside a dedicated block of time immediately after the call, you can capitalize on the freshness of the invention in your mind, ensuring top-notch claims and figures. Ideally, he aims to draft the complete set of claims and figures right after the call. In certain cases where he’s deeply familiar with the technology, and the inventors are savvy, he may even prepare an independent claim before the call and get real-time feedback from the inventors—an incredibly beneficial practice.

In the real world, though, urgent tasks can sometimes intervene. Neil has a savvy solution for this too. At the very least, he outlines an independent claim and explores some dependent claim ideas before attending to other pressing matters. This keeps the momentum going and avoids the common pitfall of relearning the invention from scratch later on.

Neil’s method is a game-changer, providing a structured and streamlined approach to patent application drafting. With this technique, you’ll not only increase efficiency but also enhance the overall quality of your work.

Thank you for reading! We hope these tips help you improve your patent drafting skills. 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!

Improving Patent Application Readability and Avoiding Misinterpretation

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Greetings, patent enthusiasts! In this latest blog post, Neil Kardos sharessome valuable tips for enhancing the readability of your patent applications and avoiding potential misinterpretations that could arise due to wordy writing.

As patent lawyers, we often find ourselves delving into complex technical details and intricate legal concepts, which can lead to a natural tendency to be wordy in our writing. However, it’s crucial to remember that great writing is often characterized by its conciseness and clarity. Therefore, we urge you to embrace brevity when drafting your patent applications.

One common issue Neil encountered while reviewing a patent application the other day was the excessive use of the phrase “in order to” instead of simply “to.” It might seem like a minor difference, but it can significantly impact the clarity of your patent application. In fact, Neil firmly believes that you can replace the phrase “in order to” with the word “to” in 100% of cases without losing any meaning.

Let’s take a look at an example to understand the significance of this change:

“The system may process multiple events… In order to save time.”

On the surface, this sentence may appear harmless, and most of us would interpret it as the system processing events to save time. However, if we reevaluate the phrasing, another interpretation becomes possible:

“The system may process multiple events in order… To save time.”

Here, the meaning slightly changes, leaving room for ambiguity. Are the events processed to save time? Or are they processed in a specific order that ultimately saves time? Such ambiguities can introduce uncertainties in your patent application and potentially lead to challenges during the examination process.

To uphold the clarity and precision of your patent application, it’s crucial to be succinct in your writing. As they say in the movie Ocean’s 11, “Don’t use seven words when four will do.” By trimming unnecessary phrases and being concise, you can convey your ideas more effectively and minimize the chances of misinterpretation.

In conclusion, it is strongly recommended to adopt a succinct writing style for your patent applications. Not only will this improve the readability for patent examiners and other stakeholders, but it will also reduce the risk of ambiguity and potential challenges during the examination process.

We hope these tips help you improve your patent drafting skills. Thank you for reading! Don’t forget to come back for more tips in the next installment of the Practical Patents Series.

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!

Navigating the Pitfalls of “At Least One” in Patent Claims

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Greetings, patent enthusiasts! In this latest blog post, Neil Kardos shares some valuable tips on how to avoid common mistakes in patent applications.

When it comes to drafting patent applications, precision in language is crucial. One common mistake is the misuse of the phrase “at least one of.” In patent applications, it is customary to include this phrase to indicate that certain data or elements can be present in different combinations. However, there is a significant distinction between using the word “and” versus “or” in this context.

Let’s consider an example: “Wherein the data includes at least one of a name, an address, or a phone number.” Notice that the word “or” emphasized. Unfortunately, some patent practitioners use the word “and” instead, which can be a mistake.

To illustrate why using “and” can lead to confusion, let’s use a simple analogy. Imagine someone saying, “I’m going to the grocery store, and I’m going to buy at least one of an apple, a banana, and a carrot.” Does this mean they intend to purchase at least one apple, at least one banana, and at least one carrot?

Most patent practitioners would not intend such an interpretation with this statement, but it’s easy to see how this wording could be misinterpreted. In contrast, if the statement were, “I’m going to the grocery store, and I’m going to buy at least one of an apple, a banana, or a carrot,” it would be clearer.

In this revised version, the speaker could buy only an apple, and the statement would still hold true regardless of how you interpret it. Of course, in real-life conversations, nobody talks like this. So, perhaps a simpler approach would be to drop the “at least one of” altogether and say, “I’m going to the grocery store, and I’m going to buy an apple, a banana, or a carrot.”

However, the desire to be explicit about the acceptability of combinations of an apple, a banana, and/or a carrot is understandable. This is where the phrase “at least one of” comes into play. Some practitioners may also include “or a combination thereof” at the end of the list. There are various ways to convey your point clearly, but our recommendation is to avoid saying “at least one of a, b, and c.”

In conclusion, using the word “and” instead of “or” in patent applications when expressing options can lead to confusion and misinterpretation. To avoid this common mistake, it’s essential to choose your words carefully and consider the implications of your language choices. Precision and clarity are key when it comes to drafting successful patent applications.

We hope these tips help you improve your patent drafting skills. Thank you for reading! Don’t forget to come back for more tips in the next installment of the Practical Patents Series.

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!

Eli Mazour on The Art of SEP Claim Drafting: SEP Couch Podcast

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In a recent episode of the SEP Couch Podcast, Eli Mazour, Partner at Harrity and head of our Prosecution Team, shared his insights on the complex world of Standard Essential Patents (SEPs). The conversation revolved around the intricacies of patent drafting, the unique nature of SEPs, and the challenges faced by innovators in the current patent landscape.

In the episode, Eli emphasized the importance of understanding the complexity of SEPs. He explained that SEPs are not just about the technology they cover, but also about how they map to the standards. This mapping is a complex process that critics often overlook.

The conversation also touched on the increasing volume of SEPs due to the complexity and size of modern technologies like 5G. Eli noted that there’s more SEP activity because there are more inventions happening. He also highlighted the trend of implementers trying to obtain more SEPs, with companies like Apple and Google building up 5G teams.

Also discussed are the threats posed by third parties challenging patents, a practice made possible by the American Invents Act. He expressed concern about the impact on independent inventors, as it makes it harder to enforce patents. He also questioned the value of these third party challenges, suggesting that it increases transaction costs and diverts resources from innovation.

The podcast also delved into the proposed European Commission regulation to set up a register for SEPs. Eli expressed skepticism about the feasibility and effectiveness of such a register, given the complexity of determining essentiality and the potential for data manipulation.

In his advice to in-house counsel and outside counsel, Eli stressed the importance of not getting stuck in “zombie mode” and continuing to obtain patents in the same way as in the past. Instead, he urged them to think about the best way to build a patent portfolio with valuable patents in a cost-effective manner, in line with where technology and patent law are heading.

The podcast provides a deep dive into the world of SEPs, highlighting the complexities and challenges involved. It underscored the need for a nuanced understanding of SEPs and a strategic approach to patent portfolio building in the face of evolving technology and legal landscapes.

Listen to Eli’s full episode on the SEP Couch Podcast with Tim Pohlmann below for a deeper understanding of SEPs and the evolving patent landscape:

Check out the SEP Couch Podcast HERE and subscribe on your favorite podcasting app!

 

Vault ‘Quality Of Life’ Rankings: Harrity Named Best Midsize Law Firm To Work For 2024

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Harrity & Harrity has been named the Best Midsize Law Firm to Work for in the Vault’s 2024 rankings, among additional recognitions.

With an overall score of 9.594/10, Harrity & Harrity maintained the top spot in Vault’s Annual Associate Survey for 2024, making it the best midsize law firm to work for in the 2024, 2023, and 2021 rankings. The firm also nearly swept the rankings in individual Quality of Life markers, earning first or second place in 12 of the 15 categories.

The detailed rankings are as follows:

Overall Ranking: #1
Associate/Partner Relations: #1
Diversity: #1
Firm Culture: #1
Informal Training, Mentoring, & Sponsorship: #1
Selectivity: #1
Technology & Innovation: #1
Wellness: #1
Formal Training: #2
Hours: #2
Quality of Work: #2
Satisfaction: #2
Transparency: #2
Compensation: #4
Career Outlook: #7
Pro Bono: #17

Associates at firms with 200 attorneys or fewer were asked to rank factors most relevant to their overall quality of life, including overall satisfaction, firm culture, hours, compensation, quality of work, informal and formal training, mentorship, sponsorship, business outlook, career outlook, associate/partner relations, leadership transparency, and more.

Congratulations to everyone at Harrity & Harrity for our impressive performance in the rankings!

See the full Vault Best Midsize Firms to Work For Rankings HERE.

To learn more about working for Harrity, click HERE.

Harrity & Harrity LLP Achieves High Accolades in IAM Patent 1000 Rankings

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In a profession where intellectual prowess and precision matter the most, being recognized by a prestigious global ranking is an achievement worth celebrating. We are proud to announce that Harrity & Harrity, LLP, has made the IAM1000 ranking. This is a significant achievement that demonstrates the firm’s leadership, excellent service, and depth of expertise in the patent law arena.

According to IAM, the world-renowned patent intelligence source, Harrity & Harrity, LLP is not just a part of the list but is highly recommended for its consistent provision of superior services. This ranking further cements Harrity’ s status as a leading provider of patent services, giving clients more confidence in our capabilities.

Harrity’ s recognition extends beyond the entity itself to the talented individuals that form its pillars. Five partners from Harrity have also been recognized in the individual rankings by IAM Patent 1000. Paul Harrity, Paul Gurzo, Elaine Spector, John Harrity, and Neil Kardos have all been included as recommended individuals in the 2023 rankings.

  • Paul Harrity – Known for his meticulous attention to detail, Paul is a force to reckon with in patent law. With deep industry knowledge and experience, he is admired by clients and peers alike. His recommendation underscores his considerable contributions to the intellectual property law sector.
  • Paul Gurzo – As one of the brilliant minds at Harrity & Harrity, LLP, Paul Gurzo has a proven track record in successfully guiding clients through the complexities of patent law. His recognition as a recommended individual is a nod to his diligence, expertise, and client-focused approach.
  • Elaine Spector – Elaine’s exceptional talents, skills, and dedication to her craft make her stand out. Her understanding of the nuances of patent law, coupled with her diversity centered initiatives, has rightly earned her a place in the IAM Patent 1000 ranking.
  • John Harrity – John’s profound understanding of patent law, combined with a strategic mindset and dedication, have paved the way for his inclusion in this prestigious list. His steadfast commitment to protecting clients’ intellectual property rights reflects his outstanding abilities as a patent lawyer.
  • Neil Kardos – Neil’s proficiency in the field of patent law is second to none. His ability to deliver high-quality services, coupled with his commitment to client satisfaction, have earned him his recommendation in the IAM Patent 1000 rankings.

This recognition from IAM Patent 1000 is a testament to Harrity’ s commitment to providing the highest level of service to its clients. It speaks volumes about the individual expertise of the team members and the collective capabilities of the firm. These are well-earned accolades and serve as proof that the firm is a trailblazer in the world of patent law.

At a time when innovation is crucial, and the protection of intellectual property is more important than ever, the services of proven experts like those here at Harrity are indispensable. The IAM Patent 1000 rankings provide an assurance that clients are entrusting their intellectual property matters to a firm and individuals who are at the top of their game.

The Harrity team continues to strive for excellence, anchored by our dedication to the craft, in-depth knowledge, and unparalleled customer service.

See the full list by IAM1000 HERE.

To learn more about our patent services, click HERE.

Tips for Improving Readability of Patent Claims

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Greetings, patent enthusiasts! In this latest blog post, Neil Kardos shares some valuable tips on how to enhance the readability of your patent claims.

As we all know, patent claims can be challenging to comprehend due to the presence of legal and technical terminology. Neil sheds some light on one particular aspect of claim language: antecedent basis and how it affects the readability of your claims.

Antecedent Basis and Awkward Wording: Antecedent basis refers to using the word “the” to refer back to a word or phrase previously introduced in the claims. This practice often leads to peculiar phrasing, making the claims less accessible to readers. To illustrate this point, let’s consider an example. If the phrase “at least one widget” is used, referring back to it would require saying “the at least one widget,” resulting in awkward language.

Simplifying the Language: A simple solution to improve readability by replacing “at least one” with the phrase “one or more.” By using “one or more,” you can refer back to the widgets as “the one or more widgets.” This change brings the language closer to standard usage, eliminating the unusual phrasing of “the at least one widget.” In some cases, an even better alternative is to use the indefinite article “a” or “an.” For instance, instead of “the system includes one or more widgets,” you can state “the system includes a widget” and then refer back to it as “the widget.” In terms of claim interpretation, saying “the system includes a widget” is equivalent to saying “the system includes one or more widgets.”

Avoiding “One of a”: Try avoiding the phrase “one of a,” as it leads to cumbersome wording when referring back to it. For instance, using “one of a plurality of widgets” would result in “the one of the plurality of widgets.” A more concise alternative by rephrasing it as “a widget, of a plurality of widgets.” This way, you can easily refer back to it as “the widget.”

Enhancing Clarity: In general, it is crucial to be vigilant for instances where phrases create awkward wording upon reference. By identifying these situations, you can find alternative ways to make the language more fluid and understandable. The goal is to improve the readability of your patent claims for a wider audience, including examiners, potential licensees, and competitors.

In conclusion: Neil’s tips provide valuable insights into enhancing the readability of patent claims. By simplifying language and avoiding awkward phrasing caused by antecedent basis, you can make your claims more accessible to readers. Clear and concise claims are essential for effective communication and successful patent prosecution.

Thanks for reading! Don’t forget to come back for more tips in the next installment of the Practical Patents Series.

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

Unraveling the Intricacies of Negative Claiming

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In this latest blog post, Neil Kardos brings to light an essential tip about drafting patent claims – the art of sidestepping negative claiming.

Negative claiming occurs when something that doesn’t happen is claimed, a phenomenon that can make patent claim drafting quite convoluted. For instance, consider the situation where your cell phone receives a specific request from a cell tower and usually responds by sending back a message.

However, imagine if the invention introduces a unique twist where the phone, upon detecting a certain condition that the cell tower isn’t aware of, chooses not to respond as per the norm. For instance, the phone may identify that it’s running low on battery or the request is inapplicable for some other reason, leading to the phone’s decision to abstain from responding.

The traditional patent claim language for this scenario might be: “(1) receiving a request, (2) determining that the request isn’t applicable, and (3) not responding to the request?” However, this formulation feels somewhat cumbersome, and patent examiners are known to frown upon such negative limitations.

Neil has developed a handy workaround for these situations – the use of the word “refrain.” This term implies a deliberate decision to abstain from an action or to halt an event, effectively conveying the same meaning without resorting to negative claiming. Thus, in the given example, the claim could be elegantly rephrased as “refraining from transmitting a response to the request.”

Have you discovered other effective strategies to handle such scenarios? If you’ve encountered similar situations and found effective ways to deal with them, we’d love to hear it!

Thanks for reading! Don’t forget to come back for more tips in the next installment of the Practical Patents Series.

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

The Global Impact of Pro Bono Intellectual Property Work – Alexander Zajac

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Alexander Zajac‘s article, “The Global Impact of Pro Bono Intellectual Property Work,” discusses the significant global effects that pro bono intellectual property (IP) services can have for the American Bar Association’s Landslide Magazine.

Despite the reluctance of lawyers to perform IP services pro bono due to liability concerns and marketing goals, Zajac argues that there are worthy clients with cross-border legal needs that can greatly benefit from such services.

Zajac identifies several impediments to global pro bono services in IP. Lawyers are often risk-averse, fearing malpractice liability from pro bono activities. The decentralized nature of licensure also makes cross-border pro bono work difficult. During the COVID-19 pandemic, these difficulties were exacerbated as more attorneys began working remotely from jurisdictions in which they were not licensed. Additionally, many lawyers look for pro bono opportunities that seem particularly philanthropic, and some believe that IP work does not help disadvantaged people and thus is not philanthropic.

However, Zajac argues that trademarks, patents, and copyrights are not mere tools of profitability. They can be used to fundraise for humanitarian causes or to keep unsafe products off the market, among other philanthropic uses. Even if pro bono IP services are not provided directly to disadvantaged people, social enterprises may benefit from pro bono IP services and use their saved costs and IP rights philanthropically.

The article presents two case studies to demonstrate the global impact of pro bono IP services. The first case study is Shimmy Technologies, a company that uses artificial intelligence to help apparel workers upskill and reskill in light of ongoing automation. The company benefited from pro bono IP work, which helped it protect its inventions, copyrights, and trademarks when it expanded into new countries. The pro bono work also provided peace of mind to the company, allowing it to focus more on developing its products and continuing to roll out upskilling programs.

The second case study is Be Girl, a social enterprise dedicated to providing access to sanitary supplies that are appropriate to cultural practices and socioeconomic conditions. The company’s founder, Diana Sierra, understood the importance of obtaining a patent on her invention and was able to accelerate her fundraising abilities with a pending patent application. As Be Girl grew, it continued to receive pro bono assistance, which helped it expand its patent portfolio and trademark filings. This expanded patent portfolio opened discussions with big players in the sanitary supplies market and allowed Be Girl to insist on the safety and affordability of sanitary supplies before such products are pushed to market.

In conclusion, Zajac emphasizes that providing pro bono IP advice and services can have positive global effects. There are many well-meaning enterprises that would benefit from pro bono IP services, and many of these potential clients have cross-border legal needs. For companies like Shimmy and Be Girl, receiving pro bono IP assistance helped them pursue their goals of upskilling workers and furthering female education around the globe.

Read the full article to learn more about the global benefits of providing pro bono intellectual property work.

 

Improving Clarity in Patent Applications: The Red Flag of “It”

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In this latest blog post, Neil Kardos shares why the seemingly innocuous word “it” can lead to ambiguity and misinterpretation in your descriptions, and offer an alternative approach to improve your patent application writing.

The Ambiguity of “It”: Consider this example sentence: “When the client device communicates with the server, ‘it’ may send a message based on a triggering event.” Now, pause for a moment and ask yourself: What exactly is the subject of the sentence? Is it the client device or the server that may send the message? Unfortunately, the word “it” leaves room for uncertainty, and its usage can create confusion, especially when different interpretations are possible.

Plain English vs. Translations: Even in plain English, determining the intended meaning of “it” can be a challenge. However, when patent applications are translated into languages with different grammar rules, the potential for misinterpretation grows significantly. Each language has its own structure and syntax, and relying on a vague pronoun like “it” may lead to inaccurate translations and misunderstandings.

The Importance of Clarity in Patent Prosecution: In patent prosecution, the clarity and precision of your language are crucial. A well-crafted patent application should support the claims and clearly define the scope of the invention. Using the word “it” can inadvertently weaken your case by introducing ambiguity that could be exploited by competitors or create confusion during examination.

Addressing the Issue: To avoid these complications, it is advisable to replace the word “it” with the actual name of the subject you are referring to. In our example sentence, instead of using “it,” you could specify whether it is the client device or the server that may send the message based on the triggering event. By explicitly naming the subject, you provide clarity and eliminate potential misunderstandings.

In conclusion, the word “it” may seem innocuous, but in the context of patent applications, it can introduce ambiguity and create confusion. By replacing “it” with the actual name of the subject, you enhance the clarity of your writing and reduce the chances of misinterpretation, especially in translations and during patent prosecution. Remember, precision and clear communication are essential in protecting your invention and establishing a strong patent. Thank you for reading, and I hope this tip helps you improve your writing in patent applications.

 

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

Harrity Named Top 10 Firm in Four USPTO Tech Centers

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In the competitive landscape of patent law firms, staying at the forefront of quality and innovation is crucial. Harrity & Harrity, a leading intellectual property law firm, has once again demonstrated their commitment to excellence by achieving top rankings in the prestigious 2023 Patent Bots Quality Scores. The firm’s consistent dedication to providing exceptional service and expertise has earned them recognition among the elite players in the industry.

The 2023 Patent Bots Quality Scores have positioned Harrity & Harrity among the top law firms in four main USPTO Tech Centers:

#1 in Tech Center 2100
#2/3 in Tech Center 2400
#4 in Tech Center 2600
#1 in Tech Center 3600

The rankings are a testament to the firm’s unwavering focus on quality patent prosecution and their ability to consistently deliver outstanding results for their clients. This recognition not only reaffirms Harrity & Harrity’s position as a leading player in the field but also showcases their commitment to excellence.

Harrity & Harrity’s success in the Patent Bots Quality Scores can be attributed to their unique approach to patent prosecution and thoroughly vetted firm of superstars. With a team of experienced attorneys and agents who specialize in various technology areas, the firm provides comprehensive and tailored legal solutions to a diverse range of clients. By combining technical expertise with a deep understanding of intellectual property law, Harrity & Harrity consistently delivers high-quality patents that stand up to scrutiny.

The recognition in the 2023 Patent Bots Quality Scores highlights Harrity & Harrity’s commitment to continuous improvement and innovation. The firm consistently invests in cutting-edge technologies and resources that enhance their patent prosecution process. By staying ahead of industry trends and adapting to new developments, Harrity & Harrity remains at the forefront of the intellectual property landscape, providing their clients with a competitive edge.

Harrity & Harrity’s impressive rankings in the 2023 Patent Bots Quality Scores are a testament to their unwavering dedication to quality, client satisfaction, and innovation. As a leading intellectual property law firm, they continue to set the bar high in patent prosecution, providing exceptional legal services that protect their clients’ innovations. With a client-centric approach and a team of highly skilled attorneys, Harrity & Harrity is well-positioned to navigate the ever-evolving world of intellectual property law and contribute to their clients’ success.

See the full list by Patent Bots HERE.

To learn more about our patent services, click HERE.

The Transformative Power of Mentorship: A Spotlight on the Patent Pathways™ Mentor Program

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In the realm of personal and professional development, the role of mentorship is often underscored. The Patent Pathways™ program, a unique initiative designed to guide budding patent practitioners, is a testament to the transformative power of mentorship. Ayana Marshall, the chair of Patent Pathways™, recently shared her insights on the profound impact that mentors can have on the lives of their mentees in the following video.

Ayana’s journey into the patent field was sparked by an inadvertent mentor, a woman she met at a conference who spoke with infectious enthusiasm about her career in technology transfer and patent work. This encounter, though seemingly incidental, had a profound impact on Ayana’s career trajectory. It led her to delve into the patent field, a domain she might not have discovered otherwise. This story underscores the immense influence mentors can wield, often without even realizing it.

However, the Patent Pathways™ program is not about inadvertent mentorship. It’s about intentional mentorship. The mentors in this program consciously choose to guide, support, and inspire their mentees. They are the catalysts for change, the guiding lights that illuminate the path for future patent practitioners.

The mentors in the Patent Pathways™ program are not just diversifying the patent field; they are creating a ripple effect that transcends generations. This is particularly significant for minorities, who, with the right guidance and support, can make their mark in a profession that is not only financially rewarding but also instrumental in driving innovation.

By becoming a mentor for this unique program, you have the power to shape the future of the patent field and, more importantly, to make a difference. You have the opportunity to be the intentional mentor that will change the trajectory of an individual’s life, and future generations to come.

The impact of mentorship, as exemplified by Ayana’s story and the Patent Pathways™ program, is profound and far-reaching. It’s about more than just guiding someone through their career; it’s about inspiring them, supporting them, and helping them realize their potential. As a mentor, you have the power to change lives. If you are passionate about increasing diversity or helping others, become a mentor, and make a difference today. Your commitment can shape the future of the patent field and the lives of the individuals within it. Get started by clicking here: BECOME A MENTOR

Check out more ways to get involved below!

JOIN A PATENT PATHWAYS COMMITTEE
BECOME A LAW FIRM PARTNER
BECOME A CORPORATE SPONSOR
APPLY TO PARTICIPATE IN PATENT PATHWAYS

Mastering the Art of List Management in Patent Applications

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Neil Kardos covers “Mastering the Art of List Management in Patent Applications”, in this Practical Patents short blog.

Today, we’re diving into the practical patents segment with an essential tip on handling lists in patent applications, particularly in the specification section. In our pursuit to create precise, clear, and efficient patent applications, even the way we handle lists can make a significant difference.

Providing lists of items in patent applications has been a long-standing practice to explain terminology or enumerate examples. For instance, “the sensor data may indicate temperature, pressure, speed, etc.”

Notice the use of the term “etc.”, which is quite prevalent in patent drafting. However, this approach could be improved upon. To illustrate this, let’s understand the intention behind using a list in the specification. There are two key points that we aim to convey:

  1. The items in the list serve as examples.
  2. The items in the list can be applied individually or in a combined manner.

“Et cetera,” or its commonly used cousin, “and so forth,” attempt to encompass both these aspects. However, in reality, they fall short. While they do indicate that the list consists of examples, they don’t explicitly mention that the items can be used individually or in combination.

“Et cetera” translates to “and the rest,” and the usage of “and” in the list might suggest that all items are necessary, which is not our intention. So how do we refine our list handling in patent applications?

To address the first point, it’s crucial to explicitly state that the list consists of examples. You could use phrases like “for example,” “in some implementations,” or “such as.”

For the second point, we want to clarify that the items in the list can be applied individually, in groups, or in entirety. My preferred term for this is “and/or,” as it directly represents the concept we’re trying to express. So our initial example transforms into, “For example, the sensor data may indicate temperature, pressure, and/or speed.”

Now, I’m aware that the usage of “and/or” in patent applications might ruffle some feathers in the patent practitioner community. For those who shudder at its mention, there’s an alternative phrase you could use: “or some combination thereof.”

In conclusion, the way we present lists in patent applications holds more weight than we might initially think. Implementing these strategies can significantly enhance the clarity, precision, and overall efficiency of your patent applications.

Thanks for reading. I hope you find these insights helpful on your patent journey!

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

Avoiding Anthropomorphizing in Patent Applications

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Neil Kardos covers why “Avoiding Anthropomorphizing in Patent Applications” is important, in this Practical Patents short blog.

Today, we will discuss a term that seems out of place in the sphere of patents, yet often finds its way into the discussion: anthropomorphizing.

At its core, anthropomorphizing involves attributing human traits, emotions, or intentions to non-human entities, including animals, natural phenomena, and yes, even devices. While this can serve as an imaginative exercise in storytelling, it can lead to confusion when applied to technical documents, such as patent applications.

When inventors conceive a novel device, they often inadvertently anthropomorphize it. The device might “know” something, or perhaps it “tells” another device something. This language may work as shorthand for internal discussions and preliminary design documents, but it introduces potential inaccuracies and ambiguities when drafting patent applications.

Consider a simple scenario: An inventor may describe a device that “knows” its location. While this is an easy-to-understand description, it is not technically precise. When translated into patent-speak, the device does not “know” anything – it’s an inanimate object, not a sentient being. Rather, the device may store or process information that identifies its location.

Similarly, if a device “tells” another device about its location, we’re again sliding into anthropomorphizing territory. A more precise technical description might be that the device transmits a location identifier to the other device.

Why does this matter? When drafting a patent application, it’s crucial to maintain technical precision. The words and phrases you use in your specification could later be needed for the claims. You want to ensure you’re using language that will stand up under scrutiny and is as clear and precise as possible.

Moreover, when dealing with patent examiners and courts, using language that attributes human qualities to your device could lead to a misunderstanding of its functionality and scope, possibly impacting your patent’s enforceability.

And here’s a bonus tip: Avoid using jargon or excessively long words, like “anthropomorphizing,” in your patent applications. While they might showcase your expansive vocabulary, they do little to enhance clarity. Use simple, clear language that accurately describes your invention and its unique features.

Remember, the goal of a patent application is to clearly define the unique features and operation of your invention. Avoiding anthropomorphizing language helps to ensure the focus stays on the technical and mechanical aspects of your device, aiding in the creation of a robust, enforceable patent.

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

Patent Pathways™ Webinar: Law Firm Partnership Informational Session

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Patent Pathways (a 501(c)(3)) is a virtual program that focuses on helping the least represented demographic in patent law, Black women, by aiming to register participants with the patent bar and matching them up with mentors and job offers over the course of just one year. The entire program, including patent bar preparation and exam fees, is free to participants thanks to the generosity of Patent Pathways™ sponsors, partners, mentors, and volunteers.

Harrity’s Elaine Spector was joined by panelists Rosa Walker (Pillsbury Law), Mehul Shah (Juniper) and Heather Molleur (Micron) to discuss the program and the multiple opportunities for patent law firms to work alongside each other to make a difference in this one of a kind program.

Webinar topics included a summary of the current demographics of patent law, what Patent Pathways™ is doing to improve diversity in the patent field, the benefits of joining Patent Pathways™, and the many ways you can get involved.

Watch the full webinar here:

Want to get involved? Check out these useful links below!

JOIN A PATENT PATHWAYS COMMITTEE
BECOME A MENTOR
BECOME A LAW FIRM PARTNER
BECOME A CORPORATE SPONSOR
APPLY TO PARTICIPATE IN PATENT PATHWAYS

Want more? Watch Elaine Spector’s Driving Diversity series HERE. Elaine shares tips and sparks conversations to drive diversity in the legal field in this weekly short-video series.

How a Track One Patent Filing Could Increase Your Chances of Getting a Patent

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Neil Kardos covers “How a Track One Patent Filing Could Increase Your Chances of Getting a Patent” in this Practical Patents short blog.

Here is a compelling reason for you to consider prioritized examination, known as “Track One,” at the USPTO, beyond simply obtaining a patent more quickly. Were you aware that filing a patent application with a Track One request could potentially enhance your likelihood of securing a patent? Our patent analytics team at Harrity conducted a comparison between Track One and non-Track One filings and discovered that Track One patent applications exhibit approximately a 10% higher allowance rate than non-Track One applications.

In the realm of business methods, the allowance rate for Track One applications is notably 21% higher! Now, the pertinent question arises: Is the Track One request directly responsible for this elevated allowance rate, or are patent applications with inherently higher chances of success, owing to their “more patentable” subject matter, more likely to be filed with Track One requests?

In conclusion, it is presumed that it’s a combination of both factors. Theoretically, Track One applications tend to be assigned to seasoned patent examiners who are more inclined to grant patents. Therefore, if you possess a patent application encompassing a significant technological advancement, it would be wise to consider filing it under Track One to heighten your prospects of securing a patent.

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

Sandra Maxey Featured on World of Marketing Podcast

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Harrity’s Firm Controller, Sandra Maxey, was featured on Foster Web Marketing’s World of Marketing Podcast! Along with host, Tom Foster, Sandy discusses her snowbird lifestyle, her proudest moments, meditation, and why she regrets jumping out of an airplane!

You can listen to the full interview here!

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John Harrity & WashingtonExec’s Rachel Kirkland: American Heart Association’s Lawyers Have Heart 10K, 5K and Fun Walk

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WATCH NOW: Lawyers Have Heart Co-Chairs John Harrity, David Jaffe on May 20 10K, 5K and Fun Walk

Heart health is a topic that resonates with people from all walks of life, but for some individuals, it holds an even deeper significance. In a recent interview conducted by Rachel Kirkland of WashingtonExec, the co-chairs for the American Heart Association’s Lawyers Have Heart 10K, 5K, and Fun Walk shed light on the importance of this issue. Co-Founding Partner John Harrity shares a harrowing personal experience of a “widow-maker” heart attack that left him hospitalized for weeks, transforming heart health into a matter of life and death. His story serves as a powerful reminder of the fragility of our cardiovascular systems and the need for proactive measures to safeguard our hearts.

David Jaffe, Dean of Students at the American University Washington College of Law, emphasizes the vital connection between heart health and mental well-being. Jaffe highlights how our emotional and mental states can significantly impact our cardiovascular health, underscoring the importance of addressing both aspects holistically. This interview showcases the multifaceted nature of heart health and the importance of raising awareness about this critical issue.

As the Lawyers Have Heart event approaches on May 20, it serves as a timely reminder for everyone to prioritize their heart health. Whether through participating in the 10K run, the 5K race, or the Fun Walk, individuals can come together to support a cause that affects millions of lives. The personal narratives shared in this interview remind us that heart health is not merely a medical concern but a holistic one, intertwining physical and mental well-being. Let us take inspiration from these stories and make conscious choices to lead heart-healthy lives. And, if you are able, please consider making a donation to ensure a brighter and healthier future for ourselves and our loved ones.

Harrity & Harrity LLP is matching up to $50,000 in donations, doubling the impact of your dollars! Click HERE to make a donation through 6/30/2023.

Follow Harrity on LinkedIn, Facebook, Twitter, and Instagram and use #RUNLHH.

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Hindsight Bias in Patent Examination: How Language Models Can Help

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Derek Abeyta covers “Hindsight Bias in Patent Examination: How Language Models Can Help” in a featured article for IPWatchdog.com.

The article discusses the issue of hindsight bias in the patent examination process and proposes the use of artificial intelligence (AI) models, specifically large language models, to address this problem. Hindsight bias occurs when a patent examiner unknowingly uses their knowledge of the invention to reject a claim as obvious. This can lead to incorrect determinations of obviousness, prolong prosecution, and result in unfair narrowing of independent claims. AI models can help mitigate this bias by providing an objective and consistent standard for determining obviousness. These models can analyze the examiner’s rationale for an obviousness rejection and identify instances of impermissible hindsight, thereby assisting the examiner in providing a more reliable assessment of patentability.

“Language models have the potential to reduce the likelihood of appeals and legal challenges, streamline prosecution, and lead to more consistent and cost-effective patent examination,” Derek says.

The article also highlights the challenge of determining whether an invention would have been obvious to a person of ordinary skill at the time of filing and how to overcome this challenge, the potential benefits of using language models, and whether they outweigh the initial costs and cons.

Read the full article to learn if language models offer a promising solution to mitigate hindsight bias, improve the patent examination process, and ensure consistency and objectivity in determining patentability on IPWatchdog.com.

The Importance of Using Commas After “Such As” in Patent Applications

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Neil Kardos covers “The Importance of Using Commas after ‘Such As’ in Patent Applications” in this Practical Patents short blog.

As patent applications are legal documents, it is crucial to draft them accurately and without any ambiguity. A common grammatical error that can lead to unintentional narrowing of the scope of a patent application is the improper use of the phrase “such as.” In most cases, the intention of using this phrase is to provide examples of the items listed after it, but failing to use a comma before “such as” can result in the items being considered restrictive clauses and limiting the scope of the application.

For instance, consider the sentence “the network device may transmit packet data, such as a source address or a timestamp.” Here, the intended meaning is that a source address and a timestamp are examples of packet data. However, if there is no comma before “such as,” it becomes a restrictive clause, meaning that only a source address or a timestamp will be considered as packet data, not any other data like a destination address or a packet header.

Using a comma before “such as” can convert the phrase into a non-restrictive clause and make it clear that the items listed after it are only examples and not the only items that can be considered packet data. Therefore, it is essential to include a comma before “such as” to avoid any unintentional narrowing of the scope of a patent application.

In conclusion, patent applications require careful drafting and precise language to avoid any misinterpretation or ambiguity. Proper use of punctuation, especially commas, can help prevent unintentional narrowing of the scope of the application and ensure that the application provides adequate coverage of the invention.

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

The Diversity Problem in Patent Law

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Harrity’s Elaine Spector explains what the diversity landscape in patent law looks like, why the current approaches aren’t working, and what we can do to improve diversity and inclusion in the field as a community in this brief video on ‘The Diversity Problem in Patent Law.’

Patent Pathways (a 501(c)(3)) is a virtual program that focuses on helping the least represented demographic in patent law, Black women, by aiming to register participants with the patent bar and matching them up with mentors and job offers over the course of just one year. The entire program, including patent bar preparation and exam fees, is free to participants thanks to the generosity of Patent Pathways™ sponsors, partners, mentors, and volunteers. We are scaling up the program to 50 participants this year, and need your help!

Want to get involved? Check out these useful links below!

JOIN A PATENT PATHWAYS COMMITTEE
BECOME A MENTOR
BECOME A LAW FIRM PARTNER
BECOME A CORPORATE SPONSOR
APPLY TO PARTICIPATE IN PATENT PATHWAYS

Want more? Watch Elaine Spector’s Driving Diversity series HERE. Elaine shares tips and sparks conversations to drive diversity in the legal field in this weekly short-video series.

Patent Pathways™ Webinar: How You Can Get Involved & Help Solve the Diversity Problem in Patent Law

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Patent Pathways (a 501(c)(3)) is a virtual program that focuses on helping the least represented demographic in patent law, Black women, by aiming to register participants with the patent bar and matching them up with mentors and job offers over the course of just one year. The entire program, including patent bar preparation and exam fees, is free to participants thanks to the generosity of Patent Pathways™ sponsors, partners, mentors, and volunteers.

Harrity’s Elaine Spector and Ayana Marshall hosted a webinar to share more about scaling up the program to include 50+ participants, and opportunities for our patent community as a whole to work alongside each other to make a difference in this one of a kind program.

Other speakers included:

  • Cass Dottridge, Cargill
  • Maeve Carpenter, IBM
  • Phong Dinh, Microsoft
  • Shruti Costales, Dell
  • Scott Markow, Stanley Black & Decker
  • Richard Watkins, Medtronic
  • John Harrity, Harrity & Harrity
  • Steve Kontos, Harrity & Harrity
  • Samantha Sullivan, Harrity & Harrity
  • Ryan Thelen, Harrity & Harrity

Webinar topics included a summary of the current demographics of patent law, what Patent Pathways™ is doing to improve diversity in the patent field, the benefits of joining Patent Pathways™, and the many ways you can get involved.

Watch the full webinar here:

Want to get involved? Check out these useful links below!

JOIN A PATENT PATHWAYS COMMITTEE
BECOME A MENTOR
BECOME A LAW FIRM PARTNER
BECOME A CORPORATE SPONSOR
APPLY TO PARTICIPATE IN PATENT PATHWAYS

Want more? Watch Elaine Spector’s Driving Diversity series HERE. Elaine shares tips and sparks conversations to drive diversity in the legal field in this weekly short-video series.

Elaine Spector Featured in The Patent Lawyer Magazine in a Women in IP Leadership spotlight on inspirations, experiences, and ideas for equality.

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Elaine Spector is determined to bring equality and diversity to the patent world, and she’s not afraid to show it. She recently sat down for an interview with The Patent Lawyer magazine to discuss her inspirations, experiences, and ideas for equality in the industry.

With over 25 years of experience in intellectual property law, Elaine is a partner at the IP boutique, Harrity & Harrity, and is the first female partner in the firm’s history. She holds a degree in mechanical engineering and is dedicated to improving diversity in the field of patent law. Elaine serves as the co-chair of Harrity’s Diversity Committee and as the vice-chair of IPO’s Diversity and Inclusion Committee.

Elaine’s passion for patent law started in high school, where her love for math and science intersected with her interest in law. For those starting their career, she advises advocating for oneself and valuing the unique skills you bring to the table. Her career path involved working at various firms and transitioning into a role as a Tech Transfer Intellectual Property Manager at Johns Hopkins before joining Harrity & Harrity, where she was able to work remotely and on a flexible schedule. Elaine encourages women to set boundaries and not compromise themselves. She faced challenges in balancing work and family life early on in her career, but was able to set boundaries and find more flexibility in her schedule as her children grew older.

Of her greatest achievements in her career, Elaine recounts the memory of joining Harrity in 2017 at a time when it was a smaller firm of only about 14 lawyers (and they were all men!). Fast forward to 2023, and Harrity boasts up to about 45 practitioners now, including multiple women attorneys. This rapid growth has helped the firm move very quickly on new initiatives without much red tape. During the six years Elaine has been at Harrity, their diversity committee has launched numerous external diversity initiatives to improve the pipeline with regard to the patent bar, all with visible impacts. She mentors young women in the profession and hopes to see a more diversified patent bar in the future. Elaine’s future career aspirations include developing DEI initiatives to improve diversity in the patent bar, specifically by expanding their Patent Pathways program to support more Black women, and then shifting the program to help other underrepresented groups in the future.

In the next five years, Elaine hopes to see the patent community take a more active role in promoting diversity and equality through engagement in DEI programs like ADAPT (a coalition of various companies including Microsoft, Amazon, Meta, Google, Cruise and Disney. ADAPT stands for Advancing Diversity Across Patent Teams, and provides a platform for in-house patent attorneys and law firms to get engaged in various DEI programs) and by taking action to support initiatives like Patent Pathways. She emphasizes the need for collaboration and involvement from the larger patent community to effect meaningful change.

“I really would like to see more firms and corporations not just talking the talk and actually taking action to make these initiatives successful. My firm can’t do it by itself; we need the patent community at large to step up and get involved in programs like ours,” Elaine states.

Hear about these initiatives, the advice Elaine has to give, and more in this exclusive interview with The Patent Lawyer Magazine. Read the full article HERE.

Want more? Watch Elaine Spector’s Driving Diversity series HERE. Elaine shares tips and sparks conversations to drive diversity in the legal field in this weekly short-video series.

John Harrity Featured in Law 360 on Disrupting Law Firm Models

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John Harrity interviews for Law360 Pulse On Disrupting Law Firm Models

Law360 reported that Harrity is disrupting the traditional law firm model with significant contributions in charitable giving, diversity in the profession, and the automation of legal tasks. Co-founder John Harrity said the firm is doing things differently from many others in the field and plans to continue disrupting industry norms. This includes a goal to offer attorneys, patent agents, and staff a four-day workweek with the help of automation.

Harrity has grown from 14 attorneys and patent agents in 2017 to 45 today, and attributes some of its success to high-profile charity and diversity programs, which aim to improve the representation of minority groups within patent law through free education, training, and ongoing resources.

During the past five years, Harrity has increased its own number of practitioners from underrepresented groups from 8% to 40%. John discusses the firm’s diversity programs, including the Minority Firm Incubator that helps women-owned and minority-owned patent law firms grow and fine-tune their practices; the Harrity Academy, which brings more people from underrepresented groups into patent law; and the Patent Pathways™ (501 (c)(3)) program that specifically brings Black women with technical degrees into the field.

“In a few years, we’re going to look back at this Patent Pathways program and say it was the most impactful diversity program ever created. So that’s a pretty big intro to a program you probably haven’t heard of yet,” John states.

Hear about these and other firm initiatives in this exclusive interview with Law360 Pulse. Read the full article HERE.

Want more? Listen to Eli Mazour‘s Clause 8 Podcast featuring John Harrity HERE. John shares his thoughts on everything from how firms in the patent law space should be innovating, to some of the secrets of our own firm’s success.

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Elaine Spector on How to Make the Future DigitALL: Persevere

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Elaine Spector, Partner at Harrity & Harrity, LLP, and ChIPs Washington D.C. Member, was featured in ChIPs recent spotlight, “How to Make the Future DigitALL,” which focuses on improving diversity and inclusion for women in IP. Her response? Persevere! Read the full interview below.

Q: What actions are needed to keep more women and diversity in the rooms where innovation is happening?
A: I think the most impactful action step to keep more women and diversity in the rooms where innovation is happening is to inform women about the innovation process as well as careers in the intellectual property (IP). Many women with STEM degrees don’t know that they can enter the patent profession without going to law school. You will find that many of us who entered the profession were told about it through a family member or family friend. As we inform women about the innovation process as well as careers in IP, they can then take the steps needed to be included by speaking up and being proactive with regard to invention submissions. If innovation is not their thing, they can be part of the innovation process by becoming a registered patent practitioner without having to go to law school. I am a true believer that knowledge is power! And we, as women, are more powerful than we even know.

Q: What actions can open pathways for the next generation to thrive?
A: We need more outreach programs to women to get them interested in STEM fields, as well as well as being proactive in nurturing an entrepreneurial spirit in women. Men are taught to take risks, while women are taught to be perfectionists. We need to encourage the younger generation of women to take risks. My advice for the girl or woman behind me is to not give up, to persevere. I strongly suggest building a network of like-minded women (and men) who can support you during the tough times. I’ve developed amazing friendships with women who are very similar to me, who absolutely understand my struggles. Feeling seen and heard and cared for you other women has been integral to my success.

Q: What advice would you give to the girl or woman coming up behind you?
A: My advice for the girl or woman behind me is to not give up, to persevere. I strongly suggest building a network of like-minded women (and men) who can support you during the tough times. I’ve developed amazing friendships with women who are very similar to me, who absolutely understand my struggles. Feeling seen and heard and cared for you other women has been integral to my success.

Q: How does your company embrace equity?
A: Harrity & Harrity, LLP is one of the few law firms that dedicates thousands of hours to outreach programs to change diversity of the patent profession.

[Harrity & Harrity’s diversity programs include Harrity for Parity Women’s Patent Workshop, Patent Pathways for Black women, the Minority Firm Incubator 2.0 for minority-owned firms, and the Harrity Academy™. To learn more about Harrity & Harrity’s diversity programs, visit: https://harrityllp.com/diversity.]

Q: How do you innovate? How do your life experiences
impact your innovation?
A: I am so grateful to be part of a law firm that prides itself on innovation. Harrity innovates in many areas, including automation, analytics, charity, and diversity. For me personally, I have always been a problem solver, so innovation is second nature to me. As a child, when something would break, my mind would always go to finding a solution to get it back working again. Being at a firm that embraces my innovative spirit has led to a lot innovation in the diversity space! I am so grateful, likewise, for the innovative spirit of the members of Harrity’s Diversity committee, as we truly make an impact in diversifying the patent bar.

Elaine Spector Featured on Inclusion Evolution Podcast

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Harrity Partner & Diversity Co-chair, Elaine Spector, joins Judy Yee (Microsoft) as guests on Inclusion Evolution, a podcast hosted by Lisa Mueller & Mike Kasdan focusing on diversity, equity, and inclusion in the legal profession, the technology space, the world of sports, and our everyday.

This episode covers why Harrity & Elaine are so passionate about diversity; the various DEI programs we’ve launched, including the Minority Firm Incubator programs, Annual Harrity for Parity Women’s Patent Law Workshop, the Harrity Academy™, and Patent Pathways™; ADAPT.legal (Advancing Diversity Across Patent Teams)’s efforts to improve #DEI together, and much more.

It’s a fantastic episode that you won’t want to miss. Listen now at:
Apple: https://lnkd.in/gXJRA4tw
Spotify: https://lnkd.in/gW8guR5f

 

Diversity Dialogue ThinkTank: An Update on Programs to Increase the Representation of Women in IP

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Harrity Partner and Diversity Co-Chair Elaine Spector meets with Meredith Struby (MCC IP Law), Lisa Mueller (Casimir Jones) and Carlyn Burton (OBWB) for a discussion on the 2022 ThinkTank initiative to increase the representation of women in patent law and the progress each firm has made in the implementation of their new programs brought about from the brainstorming sessions.

Questions covered in this discussion include:

  • What do you think is preventing women with science and engineering degrees from registering with the patent bar?
  • What can we do about the problem of women not getting technical degrees in science and engineering?
  • I know there were likely a number of different programs that came up during each brainstorming session. Can you tell us a little bit about the program you decided to undertake and why?  Have you done some similar programs in the past to help underrepresented groups?  Can you tell me a little about them?
  • How do you go about recruiting participants into the program? Is it hard in trying to target women?  How do you get the word out?
  • If you were starting the program all over again, would you do anything differently?
  • What are your biggest setbacks so far?
  • How do you get to the right person at a university or high school?
  • What impact do you anticipate it having, in terms of the # of participants, percentage increase in awareness, or similar?
  • If someone in the audience wants to start a program to bring diverse people and women into the patent field, what would you recommend?
  • What opportunities are available in your programs for people in the patent field to get involved?

You can watch the full session below.

 

To learn more about Harrity’s diversity efforts, visit harrityllp.com/diversity. For more diversity resources, including all Diversity Dialogue webinars, check out The Diversity Channel.

To get involved in any of the above initiatives, please reach out to Elaine at espector@harrityllp.com.

 

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Elaine Spector Goes Viral with #BreakMomBias

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Harrity Partner & Diversity Co-chair, Elaine Spector, recently went viral in a LinkedIn post sharing her thoughts on how mothers are treated in the field of law, in response to a leaked text message from a male attorney to his female colleague in Ohio.

In short, the female attorney was asked to work while on maternity leave, and later resigned. She received the following text from a male partner at her firm.

“What you did — collecting salary from the firm while sitting on your ass, except to find time to interview for another job — says everything one needs to know about your character. Karma’s a bitch. Rest assured, regarding anyone who inquires, they will hear the truth from me about what a soul-less and morally bankrupt person you are.”

Elaine’s post reads:

“‘Collecting Salary From the Firm While Sitting on Your Ass’

We can all look at the statement and think it is atrocious. But what is more atrocious is that the firm leadership’s first response was to “explain” the exchange. I am happy to hear that the lawyer who sent the text was fired, but why didn’t that happen initially?

And what unnerves me the most is that many lawyers think this way. That somehow, maternity leave is easy where we just “sit on our ass” and eat bon-bons.

Let me tell you something. Growing a human inside of me (three times) was the most physically challenging time in my life, not to mention the trauma of birth. I had no idea the recovery would be so painful. Imagine having surgery and then being woken up in the middle of the night every 2 hours to nurse a child. It is absolutely physically exhausting. I needed every day of the 12 weeks I had off to recover from birth, as well as bond with my child.

So, as a show of solidarity with the woman who received that horrific text, I am posting a picture of me just after I gave birth to my first child 20 years ago. It was harder than any race I have run.

We are warriors!”

Shortly after, Elaine was featured in an article for Above the Law by Wendi Weiner, who discusses the curtailing impact of why toxic culture is to blame for women leaving law firms.

“Elaine Spector, a patent lawyer, posted in solidarity about her pregnancy and subsequent harsh recovery. Both of these posts and countless others sent a very loud and clear message: maternity leave is definitely not ‘sitting on your ass,'” the article, titled Why Toxic Culture Is To Blame For Women Leaving Law Firms reads.

At Harrity, we believe in equal treatment and opportunity regardless of race, color, religion, gender, gender identity or expression, sexual orientation, national origin, genetics, disability, age, or veteran status. We are also committed to maintaining a respectful, inclusive, and supportive workplace for all employees.

In support of all working women and all moms throughout the world, if you haven’t already, we encourage you to post a picture of yourself either after childbirth, mothering your children, or whatever you have, to demonstrate our support of one another and as a way to break the bias towards moms! Please include the hashtag #BreakMomBias.

You can see more of Elaine’s insights in her weekly vlog, Driving Diversity, on LinkedIn. Learn more about our Diversity Initiatives here and join our Diversity Mentor Network here.

Harrity Welcomed Seven Exceptional Attorneys in 2022

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Harrity & Harrity, LLP is excited to report that we have added 7 exceptional patent professionals to the team this year! Over the last 12 months, Harrity has welcomed Allison Howard, Derek Abeyta, Ryan Heavener, Nathan Gundlach, Nicholas A. Mihalic, Stephen Kontos, and Spencer Peterson to the firm. With six decades of combined experience amongst them across a variety of complex technologies, each hire is a valuable addition to the team. “Through our meticulous hiring process, we have added 7 outstanding patent superstars to our team! To say that we are excited to have them join us is an understatement.”, Managing Partner Paul Harrity says of the firm’s recent growth. Adding these individuals has increased our total percentage of diverse patent professionals to 41%. 

 

Allison Howard | Boulder, CO (Joined 5/31/2022) 

Allison Howard is a patent agent specializing in patent preparation and prosecution before the United States Patent and Trademark Office. She utilizes her intellectual property experience to aid clients in obtaining protection of their intellectual property. Prior to joining Harrity & Harrity, Allison worked in private practice specializing in patent preparation and prosecution for a variety of technologies. Over the past years, Allison has volunteered as a math and science tutor for the I Have a Dream Foundation of Boulder County, assisting with English as a Second Language students. 

Learn more about Allison here. 

 

Derek Abeyta | Peoria, AZ (Joined 5/31/2022) 

Derek Abeyta is a patent attorney with considerable experience in preparing and prosecuting patent applications for clients, both in the United States and in foreign countries. Such patent applications relate to a variety of mechanical, electrical, and electromechanical fields, including telecommunications, extended reality systems, camera processing, power electronics, and more. His law practice has focused on patent preparation and prosecution, as well as patent infringement and validity counseling. Derek currently resides in Peoria, Arizona with his wife and kids and enjoys playing softball, exploring the outdoors, and listening to music.  

Learn more about Derek here. 

 

Ryan Heavener | Chester Springs, PA (Joined 8/15/2022) 

Ryan Heavener specializes in the preparation and the procurement of patent assets. He leverages his expertise to build formidable patent portfolios that are optimized with the unique business objectives of his clients. Ryan focuses on electrical, electromechanical, and mechanical arts. For over 3 years, Ryan worked in Germany as patent counsel for one of the world’s leading semiconductor companies. During his tenure, Ryan managed the procurement, development, and maintenance of the company’s vast patent portfolio through frequent interaction with engineers and outside counsel, while remaining budget conscious.  

Learn more about Ryan here. 

 

Nathan Gundlach | Clearfield, UT (Joined 8/15/2022) 

Nathan Gundlach is a registered patent agent with experience drafting and prosecuting patent applications related to memory technologies, wireless communications, home automation and security, encryption/decryption, machine learning, neural networks, and database management. Prior to joining Harrity & Harrity, Nathan worked for another firm where he handled preparation and prosecution matters for various clients and technologies, and as a graduate research assistant at the University of Utah. In his spare time, Nathan enjoys volunteering with the Utah Food Bank and other charity initiatives in his local community. 

Learn more about Nathan here. 

 

Nicholas Mihalic | Madison, OH (Joined 8/29/2022) 

Nick Mihalic is a patent attorney with considerable experience in client counseling and patent preparation and prosecution. With an advanced degree in electrical engineering, he excels at quickly comprehending complex inventions and converting them into high-quality patent applications. His practice focuses primarily on electrical, electromechanical, and computer technologies. Prior to joining Harrity, Nick worked for mid-size and small Intellectual Property boutique firms. He also served as general counsel for a Nevada-based corporation where he gained invaluable experience. 

Learn more about Nick here. 

 

Stephen Kontos | Royal Oak, MI (Joined 9/8/2022) 

Stephen Kontos is a patent attorney with experience drafting and prosecuting patent applications for a variety of technologies. Leveraging his electrical engineering background and experience as outside intellectual property counsel to some of the largest companies in the world, Stephen helps in-house IP teams strategically patent innovative technology. Stephen supports diversity, equity, and inclusion in the legal industry, particularly with respect to the LGBTQ+ community. His services help in-house legal departments meet their supplier diversity goals. 

Learn more about Stephen here. 

 

Spencer Peterson | Boise, ID (Joined 9/30/2022) 

Spencer Peterson is a registered patent agent with experience drafting and prosecuting patent applications in both the U.S. and in foreign jurisdictions. He has drafted and prosecuted patents in the fields of volatile and non-volatile memory cell technologies, memory device processes and communications, wireless telecommunications, and semiconductor fabrication and design. In his spare time, Spencer enjoys spending time with his wife and kids (preferably outdoors), playing sports, reading, and watching documentaries. He also volunteers as a leader of a local youth group.  

Learn more about Spencer here. 

 

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Elaine Spector Featured in Brink News Article, “Why Is There a Chronic Lack of Diversity in the Legal Profession?”

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Harrity Partner & Diversity Co-chair, Elaine Spector, was recently featured in an interview with Brink News, where she shared her thoughts on the lack of diversity in the legal field and her ideas on how to improve diversity and equity in law.

You can read the entire article on Brink’s website.

You can learn more about our Diversity Initiatives here and join our Diversity Mentor Network here.

John Harrity Receives Distinguished Achievement Award from American Heart Association

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The American Heart Association, the world’s leading voluntary health organization devoted to a world of longer, healthier lives, recently announced the recipients of this year’s Eastern States Volunteer Awards. We’re excited to announce that John Harrity has been honored with the Distinguished Achievement Award for his outstanding commitment to the cause and extraordinary collaborative achievement to advance the organization’s mission to improve health and well-being for all.

The Distinguished Achievement Award specifically recognizes a volunteer’s regional impact on the organization and those who have demonstrated outstanding collaboration and commitment to advance the Association’s work.Five Volunteers Recognized for Outstanding Contributions that Save and Improve Lives

Harrity began his involvement with the American Heart Association in 2016 when Harrity & Harrity, LLP began to sponsor the Lawyers Have Heart 10K, 5K & Fun Walk. In 2018, he became part of the Lawyers Have Heart Executive Leadership Team. He co-chaired the event in 2020 during the start of the pandemic and is currently serving as the co-chair for his fourth consecutive year. As co-chair in 2022, John Harrity helped Lawyers Have Heart raised a record-breaking $1.26 million for the American Heart Association. Having recently joined the organization’s Greater Washington Region Board of Directors, Harrity is driven by his own story of being saved by CPR and surviving a “widow-maker” heart attack. He has shared his personal journey at numerous events and meetings as well as through local and national media.  Read more about his story on the DC Bar’s website.

The Lawyers Have Heart 10K, 5K and Fun Walk returns on May 20, 2023 to West Potomac Park — the original site of the inaugural Lawyers Have Heart race held in 1991 —  an exciting change from Georgetown in recent years. The new 10K course will cross the Arlington Memorial Bridge featuring stunning views of the Potomac River, circle the Tidal Basin, and head down East Potomac Street.  The new location also boasts a larger space for the finish line festival, with plans underway to add more activities for the entire family, including a kids’ fun area, a dog zone, and a larger hospitality garden, in addition to the numerous sponsor meet-up areas and interactive booths where participants can learn Hands-Only CPR, pay tribute to a loved one, and take team photos.  A virtual option is also available for individuals around the globe to participate wherever they are located.

To kickstart fundraising for the 2023 campaign, Harrity & Harrity LLP will match up to $50,000 in sponsorships, donations, and registration fees between December 1 – 31, 2022,  doubling the impact each dollar has.

Registration is open with virtual and in-person options; prices to enter will increase in 2023. Join Team Harrity here and donate today to have your impact doubled!

Start up your own team at www.LawyersHaveHeartDC.org. For sponsorship opportunities, email patricia.hevia@heart.org. Follow Harrity on LinkedIn, Facebook, Twitter, and Instagram and use #RUNLHH.

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2022 Harrity Holiday Gift Guide

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Are you doing some last minute holiday shopping? Stumped on what to get that one person on your list that seems to have everything? Don’t worry, Team Harrity has got you covered!

We have put together our official holiday gift guide for all the tech lovers, remote workers, bookworms, and fitness fanatics in your life. These carefully curated gifts have been hand selected by our team members and include things that we all use in our everyday life!

 

 

TECH

 

Meta Quest 2 – All in One VR Headset

The Quest 2 is a team favorite here at Harrity! This one is perfect for a seasoned techie as well as someone who is new to the VR game.

 

You can buy it here

 

Bluetooth Wireless Headphones

Whether it is to listen to music while working on an app, tuning in to a meeting while on a daily walk, or catching up on your show during your lunch break, wireless headphones are a great gift for all!

 

You can buy the 3rd generation AirPods here.

If AirPods aren’t for you, we also love the Beats Fit Pro. You can buy those here.

 

Fujifilm Instax Mini 7+

This little polaroid is a fun gift for the person in your life who is always snapping photos! This bundle comes with extra film, so there are plenty of opportunities for fun pics!

 

You can find it on sale here.

 

 

BOOKS

 

These books are all Harrity favorites, and are reads that we recommend again and again!

Start with Why: How Great Leaders Inspire Everyone to Take Action by Simon Sinek

Find the leadership book we recommended to the Minority Firm Incubator 2.0 firms here.

 

The Four Agreements: A Practical Guide to Personal Freedom (A Toltec Wisdom Book) by Don Miguel Ruiz

Find this must read book that we send our newly hired attorneys here.

 

Atomic Habits: An Easy & Proven Way to Build Good Habits & Break Bad Ones by James Clear

Find this practical self help book that our Marketing Director, Samantha Sullivan, recommends here.

 

The Happiness Advantage: How a Positive Brain Fuels Success in Work and Life by Shawn Achor

Find this “life-changing” guide to happiness that our Firm Controller, Sandra Maxey, recommends here.

 

Audible Subscription

Listen to these books we recommend plus so much more with a subscription to Audiobook.

 

 

WORK FROM HOME ESSENTIALS

 

Being a fully remote firm, Team Harrity has definitely come across some must have items for those who work from home.

Logitech C920x HD Pro Webcam

A good webcam that shows your face clearly is a must for a remote team.

 

You can find the one that we use here.

 

Phone Tripod Stand with Bluetooth Remote

For someone who is creating content (videos, taking photos, etc.), this phone tripod is awesome. We really love it because it has a bluetooth remote so you can start and stop the video without having to do the awkward “press record and step back quickly” move.

 

You can find it here.

 

Desktop Ring Light

Have you seen Elaine Spector‘s Driving Diversity videos? Her secret to looking professional and polished in those videos and in meetings? A ring light!

 

You can find the one that we recommend here.

 

Height Adjustable Standing Desk Converter

Sitting all day can get tiresome, so we always recommend a standing desk or a more affordable option- a standing desk converter.

 

You can find the one that Partner, Neil Kardos, recommends here.

He also recommends this supportive floor mat to go along with it.

 

Glass Desktop Computer Pad Whiteboard

This desktop whiteboard is a great way to take notes and save space on a smaller desk. We love this one because of they hidden pull-out storage it has!

 

You can find it here.

 

Coffee Mug Warmer

Sometimes when you get focused on work, you can forget about you wonderful caffeinated drink. And nobody likes cold coffee. This is the perfect gift for the coffee lover in your life!

 

You can find the one that our Patent Prosecution Specialist, Clarissa Brandt, recommends here.

 

Mini Fridge

Anyone who works from home knows that the worst thing ever is having to interrupt your flow to get a drink or a snack. This mini fridge is perfect to keep in a home office so you can just reach over and get what you need!

 

Find this one on sale here.

 

NovelKeys Deskpad

A deskpad is like a supersized mouse pad that goes under your mouse and keyboard. It protects your desk from scratches and provides a nice aesthetic accent to any work from home (or office) setup.

 

You can find the one that Partner, Ryan Thelen, loves here.

 

Swag from our Harrity 4 Charity Online Shop!

Shameless plug, but our Harrity 4 Charity swag is really pretty awesome! There is never a shortage of Harrity sweatshirts or Patent Pathways™ tees on our firmwide meetings. The best part? 100% of net proceeds go to our partner charities!

 

You can shop our essential & holiday collection here.

 

 

FITNESS FINDS

 

2 in 1 Under Desk Treadmill

 

This under desk treadmill is the perfect way to get your steps in and close your rings while working. Pair it with the standing desk converter for the perfect office set up!

 

You can find the one we recommend here.

 

On Cloud Cloud 5 Shoes

We think these are worth the hype! Not only are they stylish, but they are really like walking on air. We love the Cloud 5 shoes for their versatility and breathable material.

 

Wear these on your next walking meeting by purchasing them here.

 

Fitbit Charge 5

A crowd favorite for a reason, the Fitbit is a great fitness tool to pair with any device you have. We love this one for it’s stress tracking feature and it’s slim profile, making it perfect to wear with long sleeves.

 

You can find it here.

 

Jump N Rope

This innovative jump rope was designed by jump rope expert and inventor, Molly Metz, to help athletes perform. Molly will be featured on the upcoming season of the Clause 8 Podcast, hosted by Eli Mazour!

 

Check out the revolutionary jump rope perfect for the CrossFit lover in your life and read Molly’s story here.

 

 

HARRITY FAVES

Here are some of our tried and true gifts that our team loves!

 

Eye Massager Mask

After a long day of looking at the computer screen, this eye massager is a great tension reliever. Just pop it on, turn some music on through the bluetooth speaker function, and relax ????‍♀️????‍♂️

 

Find the one that we love here.

 

Soft Slide Sandals

 

These trendy pillow slides are perfect to wear indoors or outdoors. We love them for their soft soles and rubber material, which makes them super easy to clean!

 

Find the highly rated pair we love here.

 

Bionic Wrench

You may recall hearing Eli Mazour’s season 3 episode of Clause 8 where he interviews Professor Dan Brown and Dan Brown Jr., the father and son duo behind Loggerhead Tools. This tool is kind of a big deal in the patent world, and there’s a good reason why!

 

You can listen to the in-depth conversation on with Dan Brown and Dan Brown Jr. here.

You can find the Bionic Wrench, the perfect tool for the DIYers in your life, here.

 

Bluetooth LED Strip Lights

These lights are such a good addition to any room. We love them because they are app and remote operated and can sync up to any song you have on your playlist!

 

Find them here.

 

Meat Chopper

This meat chopper is absolute must-have for our New Apps team (no really… they all have one!). The chef in your life will love how easy this makes meal times!

 

Find the one that New Applications Manager, Sara Dodge, recommends here.

 

A Donation to One of Our Partner Charities!

Now through the end of the year, we will be matching gifts made to our Harrity 4 Charity partners: Inova Children’s Hospital ($100,000 match), No More Stolen Childhoods ($100,000 match) and ZERO—The End of Prostate Cancer ($100,000 match), and starting 12/1, the American Heart Association ($50,000 match). Please consider making a donation in your friend’s or family member’s name by the end of the year to have your impact doubled!

 

Donate here.

 

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Harrity Joins Google, Amazon, Meta & More in DEI Collective

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Harrity & Harrity is excited to announce that we have partnered with Advancing Diversity Across Patent Teams (ADAPT) to bring standardization and transparency to how the patent profession measures diversity, equity and inclusion (DEI) and scale efforts to improve diversity of the patent bar.   

ADAPT is a collective of corporate legal teams, law firms and industry groups who have come together to address the lack of diversity in the IP profession, including LOT Network Inc., Amazon, Cruise, The Walt Disney Company, Google, Meta, Microsoft, and Uber. By spreading awareness of the issue, increasing accessibility to DEI resources and opportunities, and making it easier to participate in diversity efforts, ADAPT aims to significantly improve DEI in the intellectual property space.  

Harrity Analytics will work with data science teams from Google and other ADAPT members to conduct and publish accurate analysis of the diversity breakdown of the profession. With input from the United States Patent and Trademark Office, Harrity and ADAPT aim to better visualize the DEI landscape of the talent pipeline, understand practical application of technical training for patent careers, better map out the career path for patent practitioners, and much more. ADAPT will open source the underlying data and methodology once established. 

Harrity is also collaborating with ADAPT on multiple diversity programs, removing barriers for external firms and individuals to participate in diversity efforts by creating volunteering and sponsorship opportunities and sharing templates to launch similar programs.   

“We are thrilled to be part of ADAPT, and to continue our work in tracking data statistics with regard to diversity of the patent bar,” shared Elaine Spector, Harrity Partner and Diversity Co-Chair. “This collaboration will build on our seminal work, published in ABA Landslide magazine, regarding demographics of the patent bar. It is so important that we understand whether our diversity efforts in the patent field are effective, and this collaboration will allow us to do so. It is critical to the US economy to have a diverse patent bar, so that we can expand diversity of innovation to underrepresented communities.”   

Through this collaboration, Harrity and the ADAPT consortium will create a network of practitioners passionate about improving diversity, provide insights on what the career path of an IP attorney can look like, and connect aspiring patent professionals with the organizations that can support them in their journey. This new partnership will be a huge step in changing the demographics of the patent bar to mirror those of our society, and Harrity is honored to be on the forefront of this transformation.  

Want to get involved? You can see our all of Diversity Initiatives here and join our Diversity Mentor Network here.

John Harrity to Chair 33rd Annual American Heart Association Lawyers Have Heart Event in Exciting New Location

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Harrity & Harrity is honored to be the Platform Sponsor of the 2023 Lawyers Have Heart 10K, 5K and Fun Walk and excited to announce that Co-Founding Partner, John Harrity, will once again chair the event, alongside co-chair David Jaffe, Dean of Students at American University Washington College of Law.

Lawyers Have Heart brings together runners and walkers of all ages and levels of experience to raise vital funds for the American Heart Association (AHA)’s groundbreaking research and medical advances.  The event also raises awareness of the prevention of heart disease and stroke and the link between physical activity and stress reduction.

The Lawyers Have Heart 10K, 5K and Fun Walk returns on May 20, 2023 to West Potomac Park — the original site of the inaugural Lawyers Have Heart race held in 1991 —  an exciting change from Georgetown in recent years. The new 10K course will cross the Arlington Memorial Bridge featuring stunning views of the Potomac River, circle the Tidal Basin, and head down East Potomac Street.  The new location also boasts a larger space for the finish line festival, with plans underway to add more activities for the entire family, including a kids’ fun area, a dog zone, and a larger hospitality garden, in addition to the numerous sponsor meet-up areas and interactive booths where participants can learn Hands-Only CPR, pay tribute to a loved one, and take team photos.  A virtual option is also available for individuals around the globe to participate wherever they are located.

To kickstart fundraising for the 2023 campaign, Harrity & Harrity LLP will match up to $50,000 in sponsorships, donations, and registration fees between December 1 – 31, 2022,  doubling the impact each dollar has.

“We are thrilled to bring the race back full circle to its original location, which allows us to enhance our race day experience and takes our runners and walkers along a beautiful new course,” said Harrity. “This race is truly personal to me as my life was saved by science funded by the American Heart Association and we want to bring in even more people as a relentless force for a world of longer, healthier lives.”

For Jaffe, the event elevates the continued need for mental health awareness and stress reduction in the legal profession. Research shows that chronic stressors like long work hours, financial stress, and work-life conflict may be as risky for health as secondhand smoke. “Reducing stress and cultivating a positive mindset is truly good for your heart and mind. If I can show my students and colleagues through my actions in supporting and adhering to the AHA’s work, that is extremely valuable,” said Jaffe.

The event began in 1991 as a running and walking event for the legal community and has evolved into a staple on DC’s running calendar, annually attracting over 6,500 runners and walkers of all levels of experience and from all walks of life. The race has grown in the virtual space as well with participation last year from around the world including throughout the United States, England, Croatia, Spain, South Africa, Japan, Turkey and Chile. Lawyers Have Heart raised a record-breaking $1.26 million in 2022. To date, Lawyers Have Heart has raised over $18.26 million to benefit the American Heart Association to further its mission as a relentless force for a world of longer, healthier lives.

“The race continues to grow beyond our physical start line in DC and it’s incredible to see,” said Jaffe.  “The AHA makes it easy to register, fundraise and share your progress with family and friends through its apps and online platforms while creating  opportunities to engage your workforce and family all year long.”

Registration is open with virtual and in-person options; prices to enter will increase in 2023. Join Team Harrity here or start up your own team at www.LawyersHaveHeartDC.org. For sponsorship opportunities, email patricia.hevia@heart.org.

Follow Harrity on LinkedIn, Facebook, Twitter, and Instagram and use #RUNLHH.

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Elaine Spector Named WIPR Influential Woman in IP

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A big congratulations to Harrity Partner & Diversity Co-chair, Elaine Spector, who has been recognized as an Influential Woman in IP in the #WIPRDiversity annual listing of the best and brightest women in the IP field.

“I am very excited to be listed as an Influential Woman in IP in the WIPR Diversity, Class of 2022. I know so many of the 50 women listed there, and I am very honored to be included among them. I am also very grateful for the time, resources, and support extended by my firm, Harrity & Harrity, LLP, in efforts to make a meaningful impact with respect to diversifying the patent bar. I couldn’t do this work without their support,” Elaine shared.

We could not think of anyone more deserving of this honor! Elaine’s passion for improving diversity of the patent bar has already had a huge impact on the field, with much more change to come. You can see our Diversity Initiatives here and join our Diversity Mentor Network here.

Paul Harrity Named a Virginia Weekly’s Go-To IP Lawyer

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Harrity & Harrity is honored to announce that Managing Partner, Paul Harrity, has been recognized as a leading intellectual property lawyer in the Virginia Lawyers Weekly “Go To Lawyers” showcase.

“As a one-time patent examiner himself, Paul Harrity is well-versed in the particulars of intellectual property. Previous to his time in government, he worked as a troubleshooter at IBM and a design engineer at General Dynamics. After law school, he specialized in patent prosecution and preparation for clients at Finnegan, Henderson, Farabow, Garrett & Dunner.

As evidenced by the work of the award-winning firm he founded in 1999, Harrity’s first-hand experience has helped him gain unique insight into the challenging and constantly evolving area of law that is intellectual property.

Today, he analyzes patent portfolios to identify infringement issues and drafts claims on competitor’s products. His knowledge in computer hardware and software, telecommunications, optical systems and other issues has helped put his firm at the forefront of the field.”

Read the full issue at here.

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Rocky Berndsen Named A World Leading IP Strategist in 2022 IAM Strategy 300 List

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Harrity & Harrity is pleased to announce that Head of Patent Analytics, Rocky Berndsen, was selected by IAM as a 2022 World Leading IP Strategist. This award identifies the individuals who are leading the way in the development and implementation of strategies that maximize the value of IP portfolios.

According to IAM-Media.com, “These world-class IP strategists are primarily identified through confidential nominations made online. However, the extensive research process also involves face-to-face and telephone interviews, as well as email exchanges, with senior members of the global IP community.”

This is the third consecutive year that Rocky has been named on the IAM Strategy 300 List.

Rocky Berndsen is the head of the patent analytics group at Harrity & Harrity. The group’s practice specializes in providing corporate clients with data analytics that focus on gaining insight and intelligence relating to their patent portfolio, their competitors, their outside counsel, and the patent field in general.

 

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Harrity Named #1 Midsize Law Firm to Work For

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Harrity & Harrity has been named the #1 Midsize Law Firm to Work For by the Vault. Harrity also received this award in 2021!

According to the Vault’s announcement, Harrity received a 9.55/10, taking the number one spot overall. Harrity was also recognized in the following categories:

  • #1 Overall
  • #1 in Firm Culture
  • #1 in Hours
  • #1 in Informal Training, Mentoring, & Sponsorship
  • #1 in Technology & Innovation
  • #1 in Quality of Work
  • #1 in Satisfaction
  • #1 in Selectivity
  • #2 in Diversity
  • #2 in Formal Training
  • #3 in Transparency
  • #3 in Wellness
  • #4 in Compensation
  • #6 in Associate/Partner Relations
  • #10 in Career Outlook
  • #19 in Pro Bono

Click HERE to learn more.

 

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John Harrity Joins American Heart Association Board of Directors

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John Harrity Joins American Heart Association Board of Directors

We are thrilled to announce John Harrity‘s new position on the American Heart Association Greater Washington Region Board of Directors.

John has been involved with the American Heart Association since 2016, after suffering a near-fatal widow maker heart attack. CPR and medical advances from the AHA saved John’s life, and he has since been dedicated to promoting their vital mission through Harrity 4 Charity and as Co-Chair of the annual Lawyers Have Heart event. John’s term on the Board of Directors, from July 2022 – June 2024, will be a further opportunity for him to leverage his experiences in a way to make a positive impact on the community and to help save lives.

“So many lives depend on the critical work of the American Heart Association, including my own. It is an honor to extend my involvement with this incredible organization as a member of the AHA Greater Washington Region Board of Directors to increase awareness of heart disease, fund life-saving research and education, and encourage heart healthy lives across the globe,” says John.

Read more about John’s involvement with the American Heart Association here.

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