Patent attorney Ash Najafi on innovation (with patenting tips)
Each month we interview a different leader in innovation. This month: Q&A with Ashkan “Ash” Najafi, a Florida-based lawyer and member of AbsolutelyNew’s external patent attorney referral network. Ash is an engineer-turned-lawyer, so he’s able to approach each patent with technical and legal insight. A member of the Florida and American Bar Associations, he’s worked at a Fortune 500 company and at one of America’s top intellectual property law firms—so when it comes to patents and innovation, he’s got depth and breadth of experience. Here’s perspective from Ash:
Q: What’s the value of getting a patent vs. simply starting to make and sell an item without pursuing a patent?
Ash: It is important to obtain a filing date at the U.S. Patent and Trademark Office (USPTO) before publicly disclosing or offering to sell an invention because most foreign countries have an "absolute novelty" rule that precludes an inventor from patenting his/her invention if any public disclosure has occurred prior to obtaining the filing date. Also, some manufacturers may be more willing to work with an inventor if the invention has a filing date at the USPTO.
Q: So, should everyone pursue patenting their new product ideas?
December 2009
In this issue
- Patent attorney Ash Najafi on innovation (with patenting tips)
- New study: most patents are rejects
- Case study: Headache Reliever® launch lessons… and headaches
- FYI: Upcoming tradeshows for new inventions
- Shameless invention plug: Click here for holiday cheer
- More headlines from AbsolutelyNew
- Invention quote of the month
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AbsolutelyNew is the consumer goods company that partners with inventors to launch innovative products. As a Certified Professional member of the United Inventors Association, the company also offers services including product development, marketing and licensing. www.absolutelynew.com
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New study: most patents are rejects
Two acclaimed professors recently turned the tables on the USPTO by examining how the agency’s patent examiners examine inventors’ patent applications—all of them from January 2001 thru April 2006. And their findings are insightful and surprising… and can be used to your advantage.
Among the highlights released in a draft copy of “Examining Patent Examinations,” from Stanford Law School’s Mark A. Lemley and Columbia University School of Public Health’s Bhaven Sampat:
• Patent applicants should plan on being rejected at first. The data indicates that USPTO examiners, in their “first office action,” grant patents without argument or negotiation to a mere 13.5% of applicants. In contrast, roughly 85% of the first office actions result in “non final rejections.”
• Patent applicants should prepare to be persistent. The professors find that many applicants are able to sway USPTO examiners after that first office action. In fact, more than half of those applicants who receive what’s called a “final rejection”—which you might easily think is the end of the line for your application, but in this case “final” isn’t really final—ultimately earn their patent.
Case study:
Headache Reliever® launch lessons…
and headaches
Every product experience is of course unique, but each also offers learning that can be leveraged by others.
This month we go deep into the Headache Reliever® compression wrap—available from Hammacher Schlemmer, Target.com, and other select retailers—sharing the behind-the-scenes story and lessons from its launch.
The light-bulb moment
Dr. Steve Landy, a board-certified neurologist who directs the Wesley Headache Clinic & Research Center and teaches at the University of Tennessee School of Medicine, observed severe headache patients supplementing their prescribed painkillers with homemade wraps and hot and cold compresses. He found scientific evidence supporting their actions. This sparked the doctor to bring the best “non-pharmacological” remedies together in one simple, affordable consumer product.
FYI: Upcoming tradeshows for new inventions
Tradeshows are great for showcasing inventions and/or making contacts with industry leaders. The key is to plan ahead, to get the most out of each show you attend. So looking beyond this month, here’s a list of U.S. tradeshows happening in the January to April window.
Shameless invention plug:
Click here for holiday cheer
Auto Outfits™ vehicle decorations, invented by one of our clients, are back in stores for the holidays. You can find them in roughly 5,000 Walgreens stores (for the 3rd year in a row), and in hundreds of PETCO and Bed Bath & Beyond stores too. You can also click here to buy a set right now on amazon.
We can’t guarantee your antlers will be delivered by sleigh—not that you’d want to wait for Santa to come on the 25th—but we can guarantee they’ll bring holiday cheer to you and those you see on the highway.
More headlines from AbsolutelyNew
• ORB™ Wireless Earpiece Finger Ring Wins CES 2010 Top Honor
Invention quote of the month
“Everything you can imagine is real.”
— Pablo Picasso, Spanish artist, 1881-1973
Copyright 2009 AbsoluteyNew, Inc.