Anticipate This!™ | Patent and Trademark Law Blog

Review: Undue Diligence by Paul Haughey.

Posted in General Commentary by Jake Ward on August 8, 2007

 Undue Diligence

We recently had the opportunity to read Undue Diligence, a legal thriller written by a patent attorney at the law firm of Townsend and Townsend and Crew, located in San Francisco, CA.

Undue Diligence was a fast read with a good deal of action.  The protagonist of the story gets caught up in a web of international intrigue involving greedy patent trolls, a breakout of a deadly (manmade?) virus, and threats to the world economy.  The hero of the story is also a patent attorney who must deal with a variety of patent issues along the way.  Right on!

While the novel was written from a patent attorney’s perspective, we don’t necessarily agree with some of the opinions espoused by the hero practitioner (the statement that the “Patent Office hands out patents on non-inventions like candy on Halloween”, for example) .  That being said, Paul does a good job of explaining the “patentese” in the novel and seamlessly weaves it into a story that, for the most part, is very entertaining.

Overall, Undue Diligence is worth checking out if you are a looking for a fast-paced legal thriller to read.  Will the valiant patent attorney save the world, stop the spread of the deadly virus, and succeed in getting the girl?  Read Undue Diligence and find out for yourself!

They Invented What? (No. 59)

Posted in They Invented What? by Jake Ward on August 8, 2007

U.S. Pat. No. 6,859,682:  Pet robot charging system. 


What is claimed is:

1. A pet robot charging system comprising a pet robot and a charging apparatus,

said pet robot comprising:
an image-capturing section for capturing an image of an object;
an image-capturing control section for controlling image-capturing by said image-capturing section in response to a predetermined image-capturing instruction;
a storage section for storing image data obtained by image-capturing by said image-capturing section;
a moving portion for autonomously traveling in a work space,
a battery as a power source;
a communication section for transmitting said image data, and for receiving charging position information representing a position to charge said battery, and a reception completion signal for transmission of said image data;
a setting section for setting an erasure confirmation state in order to input confirmation for erasure of the image data corresponding to the reception completion signal from the storage section, when said reception completion signal has been received; and
a control section for controlling said communication section to transmit said image data after said moving portion is controlled based on said charging position information, and for controlling the erasure of said image data from said storage section based on said reception completion signal and the confirmation input by said setting section, when a predetermined condition is satisfied,
and said charging apparatus comprising:
a transmitting/receiving section transmitting said charging position information, receiving said image data transmitted from said communication section, and transmitting said reception completion signal expressing the completion of reception of the image data;
a charging section for charging said battery; and
a storage section for storing the image data received by said transmitting/receiving section.


KSR Examiner Training Materials.

Posted in Practice Commentary by Jake Ward on August 6, 2007

As promised by this USPTO notice  about the final guidance document submitted for OMB review, the USPTO has apparently started Examiner training on obviousness in the post-KSR world.  A summary of the USPTO’s KSR training materials has been circulating the IP Blogosphere today, with the scoop going to Mr. Harold Wegner

See related posts and commentary at Zura’s 271 Patent Blog and the Patent Prospector.

USPTO: Claims and Continuations Final Rules to Publish in Late Summer.

Posted in Practice Commentary by Jake Ward on August 1, 2007

According to a recent USPTO press release:

On July 9, 2007, OMB concluded its review of the Continuations and Claims rule changes. The final rules will be made public when they are published in the Federal Register, which is expected to be later this summer. The rules will become effective at least 60 days after publication in the Federal Register, and no earlier than October 1, 2007.

The abstracts of the rules currently available on the Federal Regulatory Information Web site ( and reflect the abstracts of the Continuations and Claims notices of proposed rule-making that were published in January, 2006.

See these previous AT! posts on the background and development of the proposed rules: Continuation Rules Changes Approved by OMB.; A Continuation Christmas in July?; and Proposed Limits on Continuations No More?

They Invented What? (No. 58)

Posted in They Invented What? by Jake Ward on August 1, 2007

U.S. Pat. No. 5,713,081:  Pantyhose garment with spare leg portion.



Millions of women risk embarrassment daily by having to wear pantyhose that have developed runs and other damage to the leg portions thereof to important business and social engagements. Although many women carry a spare pair of pantyhose in a briefcase, purse or car, the spare pantyhose often do not match the outfit being worn. It would be a benefit, therefore, to have a pair of pantyhose that included a spare leg portion that could be quickly and easily switched with the damaged leg portion. It would be a further benefit, if the spare leg portion could be discreetly stored under the wearer’s clothing when not needed. 


1. A pantyhose garment with spare leg portion comprising:

          a panty member having three absorbent crotch members, each absorbent crotch member having a pocket formed therein; and 

          three leg portions secured to said panty member in a manner such that an absorbent crotch member is positioned between any two leg portions, each leg portion having a leg insertion opening in connection with an interior of said panty member.