​

About me

In-house counsel and director of IP at @ShapeSecurity. US Patent Attorney. BS in CS. Published in graphics and image processing. Vegetarian. Mobile and web app developer. Creator of Strict Antecedent Basis.

Recent Posts

Create Background Jobs for app based on Create-React-App

Mon, Feb 27, 2017

I maintain a single page create-react-app app. I needed to create a daily background job that uses some of the models in my create-react-app. Using the models was difficult because my models use Babel, which usually React loads correctly. But, React does not load Babel for background processes. The following are steps to create a background process: 1. Install Babel in the Project: npm install --save babel-cli babel-plugin-transform-class-properties babel-preset-es2015 babel-preset-react babel-register The following are the current versions of these Babel libs at the time of writing:

Patent Drafting: DNUOPOHTRAITCOS

Tue, Nov 15, 2016

DNUOPOHTRAITCOS: Do Not Use Obscure, Proprietary, Or Hard To Remember Acronyms In The Claims Or Specification. Do not use an acronym unless the acronym is more common than the underlying words. The same goes for an abbreviation. HTTP, RAM, API are acceptable acronyms. Each acronym is acceptable because the acronym is more widely known and used than the words that the acronym represents.

Patent Drafting: Detailed and Broad, Never Vague

Tue, Nov 1, 2016

A patent specification should be as detailed as possible, including as many specific examples and embodiments as possible. However, the claims in the patent should be as broad as possible. One of my biggest pet peeves is when a patent practitioner that should have a kung-fu-like grip on this topic says something like the following, referring to drafting patents: “Attorneys are taught the art of both being hyper-specific, which is necessary at times, but also the art of being anything but specific.

Strict Antecedent Basis: Sets and Iteration

Fri, Oct 28, 2016

I am updating, or adding to, this page. Please let me know if you have suggestions or fixes. You can let me know on Twitter (@is4tomj) or make a pull request on https://github.com/is4tomj/is4tomj-hugo. Sets Attention: courts may construe a “set” of objects as two or more objects. Construing sets to mean two or more is a ridiculous interpretation because one skilled in the art of software knows that a set can comprise zero or more objects.

Strict Antecedent Basis: Blocks and Scope

Thu, Oct 27, 2016

I am updating, or adding to, this page. Please let me know if you have suggestions or fixes. You can let me know on Twitter (@is4tomj) or make a pull request on https://github.com/is4tomj/is4tomj-hugo. Blocks A block is a group of components or steps that are related. Block that are multi-line blocks should be visually identifiable with indentation. The first line of a multi-line block should end with a : and each subsequent line in the block should have a deeper indentation than the first line of the block.

Strict Antecedent Basis: Noun Phrases

Wed, Oct 26, 2016

I am updating, or adding to, this page. Please let me know if you have suggestions or fixes. You can let me know on Twitter (@is4tomj) or make a pull request on https://github.com/is4tomj/is4tomj-hugo. Noun phrases Noun phrases are the building blocks of clear claim language. A noun phrase is a word or group of words that functions in a sentence as subject, object, or prepositional object. A noun phrase in a claim should be clearly defined so that future references to the noun phrase are easily recognized.

A Well-Written Draft Patent Application

Tue, Oct 25, 2016

I am updating, or adding to, this page. Please let me know if you have suggestions or fixes. You can let me know on Twitter (@is4tomj) or make a pull request on https://github.com/is4tomj/is4tomj-hugo. Introduction A patent application should be, in order of priority: Technically correct, Drafted according to legal requirements, Easy for the inventors to read, Easy for potential judges and jurors to read. Adhering the rules below will help you to prepare an application that has the above properties.

Strict Antecedent Basis: Introduction

Tue, Oct 25, 2016

I am updating, or adding to, this page. Please let me know if you have suggestions or fixes. You can let me know on Twitter (@is4tomj) or make a pull request on https://github.com/is4tomj/is4tomj-hugo. Introduction “It is of utmost importance that patents issue with definite claims that clearly and precisely inform persons skilled in the art of the boundaries of protected subject matter.” MPEP 2173; see 35 U.

Transfer representation for a case before the USPTO to a different agent or attorney for an application filed on or after September 16, 2012

Sat, Oct 1, 2016

How you transfer a case depends on whether the case is a pending application, an issued patent, or a PCT Application. Each of these cases is discussed below. Pending or Provisional Applications For a pending U.S. Patent Application or a provisional application (pending or expired), filed on or after September 16, 2012, where the assignee-applicant was named as the applicant when the application was filed, use this form (PTO/AIA/82).

Register and use a New Customer Number with the USPTO

Mon, Sep 26, 2016

I’m not going to go into why registering a customer number is important. I’m only going show the fastest way to create one and when to use it: Go to Private Pair; Search in the page for “PAIR Administration” and expand that region; Select “Create New Customer Number” and “Continue”; Fill out the form; Select “Preview”; and Select “Submit”. Although the status will show “Submitted”, I was able to start using the new Customer Number right away.