Anticipate This!™ | Patent and Trademark Law Blog

A Statue for Toulmin.

Posted in General Commentary by Jake Ward on October 10, 2014

Jake Ward:

A top post at the AT! Blog recently – and one of my favorites over the past several years. Enjoy!

Originally posted on Anticipate This!™ | Patent and Trademark Law Blog:


In the small city of Springfield, Ohio, now stands an 8-foot statue dedicated to the Wright Brother’s patent attorney, Harry Toulmin.  Mr. Toulmin was the patent lawyer who prepared and prosecuted the patent for Wilbur and Orville Wright’s flying machine . . . yes, the original airplane.

According to this article at, Toulmin helped the Wright brothers apply for five patents, including the 1906 flying machine’s patent (U.S. Pat. No. 821,393 or the ‘393 patent).  Other Wright patents also include U.S. Pat. Nos. , , , , and ,

The above article fails to mention, however, that the brothers only turned to Toulmin after the original application they had drafted themselves was rejected by the USPTO.  The ‘393 patent drafted by Toulmin had broad claims covering methods of controlling a flying machine, regardless of whetherthe machine was powered.  In particular, the patent described a system that allowed the aircraft to be controlled in flight, and specifically a…

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Washington Redskins Trademark Registrations are Cancelled

Posted in General Commentary by Kristen Fries on June 19, 2014

Today the United States Patent and Trademark Office cancelled six of the Washington Redskins’ trademarks, all of which involved the term “redskins.”  The Trademark Trial and Appeal Board (TTAB) concluded that “Redskins” was disparaging of Native Americans.

The full opinion of the TTAB can be found here.

The USPTO also issued a media fact sheet explaining what the decision means and what the decision does not mean.

Welcome Kristen Fries to Anticipate This!

Posted in General Commentary by Jake Ward on April 16, 2014

We are pleased to welcome Kristen Fries as a contributing author at Anticipate This!

Kristen is a patent attorney licensed in the State of Ohio and registered to practice before the United States Patent and Trademark Office. Ms. Fries practices in the area of intellectual property and technology law, including prosecution of patent applications, in various technical fields.

She holds a Bachelor of Science in Mechanical Engineering from Miami University and is a registered Engineer-in-Training (EIT). Kristen earned a Juris Doctor, cum laude, from the University of Toledo College of Law. As a law student, she served as Note and Comment Editor for Law Review.

Prior to attending law school, Ms. Fries worked in the building materials industry as a project engineer for a manufacturing facility

We look forward to reading Kristen’s thought-provoking commentary on all things IP.  Enjoy!

2014 Winter Olympics – Team USA Trademark.

Posted in General Commentary by Jake Ward on February 7, 2014



JW Note:  Hat tip to the USPTO Facebook page for bringing this registered trademark to our attention.

This Day In History – Roller Coaster Patented on January 20, 1885.

Posted in General Commentary by Jake Ward on January 20, 2014

U.S. Patent No. 310,966: Roller coasting structure.

JW Note:  Although there is some debate (at least on Wikipedia) as to whether LaMarcus Adna Thompson truly invented the roller coaster, there is no doubt that he was a prolific inventor who contributed greatly to his field.  



The Daily Show Episode on Patent Lawyers.

Posted in General Commentary by Jake Ward on September 13, 2013

Memorial Day 2013 – Memorial Marker Patent.

Posted in General Commentary by Jake Ward on May 27, 2013

U.S. Patent No. 8,209,891:  Memorial marker.

JW Note: Memorial Day in the United States is a day of remembering the men and women who died while serving in the United States Armed Forces. We wish all of our readers a safe and happy Memorial Day 2013.


What is claimed is:

1. A memorial marker, comprising: a grave marker; a base placed on the grave marker, the base including a spring element coupled thereto and affixing the base to the grave marker; and a rod having a first end and a second end, the rod coupled to the base at the first end and disposed in a substantially upright position, the second end of the rod having an ornament coupled thereto.


Patent Zombie (No. 3).

Posted in General Commentary by Jake Ward on January 5, 2013


Reproduced with the permission of the author

Timothy J. Riesen
Patent Draftsman
(440) 985-8252

JW Note: Wishing all of our readers a prosperous 2013!!!


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