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In this issue:
In case you’re not watching C-SPAN (and C-SPAN2), you may not know that the U.S. Senate and House of Representatives are discussing big changes to the patent laws. Some of what they’re talking about has been kicked around for years, while some elements are new ideas in response to new technologies and realities.
This bipartisan legislation could impact your invention, no matter what stage it’s at. So while the debate is only getting started, we thought you’d appreciate a snapshot of some of the proposed changes… especially when bill sponsors are saying things like “This will be the most significant bill introduced this year….” (Rep. Lamar Smith, R-Tx) and “If we're going to allow our innovators to flourish in the Information Age, we need new patent laws” (Sen. Patrick Leahy, D-Vt). Change examples:
Proposed change: “First to File” rule.
What this means: U.S. patents today are granted to the party that first invented an invention. The proposed change would instead grant patents to the first party to file for a patent, irrespective of who first invented. Most foreign countries already use the First to File approach. If this provision passes, it will likely spark many inventors to file for full or provisional patents earlier (often right after an idea is born), because delaying could put an inventor at risk of losing patent right to others who may come up with the idea later but file first.Proposed change: New infringement damages provisions.
What this means: Several proposed changes may impact damages paid to patent owners in cases of patent infringement. One, for example, would reduce infringement damages by calculating an invention’s incremental contribution vs. prior similar inventions and then only award damages based on this incremental contribution. Meanwhile, another proposed change would award damages based on the entire value of an invention (not its incremental contribution) when the invention’s incremental contribution over prior similar inventions is the predominant driver of market demand for the infringing product or process. Yes, this gets complicated… but it’s also important stuff for patent holders.Additional proposed changes: The range of additional proposed changes would limit where patent infringement lawsuit may be filed, change the requirements for a patent owner to obtain increased damages for willful patent infringement and revise the procedures for reexamination of a patent.
Editors Note: None of us can know how this will conclude – the reform proposals may change a little, or a lot. One or more changes could even wither away completely. We encourage you to do your own homework, and to contact your elected representatives to share your own thoughts and concerns. To read the full text of the legislation, here are links to the Senate and House bills as they are today:
Click Here for the Senate version.
Click Here for the House of Representatives version.
KRAFT FOODS’ STEVE GOERS
Each month we write up Q&A from discussion with a leading voice in innovation. This month we interviewed Steve Goers, a PhD in biochemistry & microbiology who is Kraft Foods’ VP of Open Innovation & Investments. Kraft is the world’s 2nd largest food company, so Steve’s a busy guy exploring ways to innovate everything from Kraft cheeses to Maxwell Housecoffee to Oscar Mayer hotdogs… and the technologies behind them. We conducted this Q&A during discussions of how Kraft Foods might leverage several patented inventions and processes we’re working on. Here’s invention perspective from Steve:
Q: Why is it important for Kraft Foods to seek innovations outside the company vs. developing all new products internally?
Steve: We have a long history of developing innovative products. Opening up to the large innovation capability outside of Kraft Foods enables us to effectively complement and extend our overall capability.
Q: Can you tell us about an inventive new product or technology Kraft Foods bought or licensed from the outside, to illustrate how you effectively leveraged an outside innovation?
Steve: A great example of a new product we developed through open innovation is Kraft Bagel-fuls. They’re a delicious combination of warm, golden bagels and Philadelphia cream cheese rolled into one. We connected with a third-generation family bagel maker with a desire to take their concept to a new level. Together we and the bagel makers refined the product and manufacturing, and leveraged Kraft's marketing and sales capabilities.
Q: Does Kraft Foods review inventive ideas submitted directly by independent inventors? If so, how do you do this?
Steve: Yes. The best place to find what we’re looking for today is to visit our open innovation portal, www.InnovatewithKraft.com. It’s one of our capabilities designed to capture unsolicited innovations. It was first launched in 2006 and designed to attract innovation from companies and entrepreneurs in an effort to help meet our needs.
Q: How do you evaluate submissions?
Steve: When we receive a submission, we first conduct an initial evaluation of the opportunity and how it may fit with our company, businesses and categories. If it passes that initial filter, we look to engage representatives of the appropriate business unit to consider and further evaluate the opportunity. After this, we may arrange to discuss the opportunity with the company or entrepreneur who submitted it.
Q: Any Kraft Foods innovation and/or new product learning or wisdom that you’d like to share with the independent inventing community?
Steve: My advice to innovators is to give your potential partners a strong "reason to believe." Make sure to do a great job explaining how your innovation will benefit the partner. Maintain your passion and help set clear expectations on the relationship you are looking for. It’s certainly better to have a working prototype designed rather than just a drawing. We encourage inventors and entrepreneurs to submit ideas for which they have patents or other proprietary protections. This helps protect both parties and it also helps bring clarity and alignment.
Q: Outside your company’s portfolio, what’s your favorite invention of all time, and why?
Steve: The iPhone. It’s incredibly cool and disruptive and meets so many of my needs as a consumer.
For more information about Kraft Foods, visit www.kraftfoodscompany.com
We’re not really into the whole Hollywood Red Carpet thing. But we love the fact that the creators of Coraline – a new animated movie about a young girl who finds a secret door in her new home and discovers an alternate version of her life – put our 3D printer to use.
Specifically, the movie makers used an Objet Geometries 3D printer like
ours to create hundreds of 3D models for their “stop-motion” picture.
They also used it to print enough replacement faces to give their
animated characters… get this… 208,000 different facial expressions,
compared to the paltry 800 facial expressions used in previous animated
film by the same director. Talk about innovation at work!
Here in our headquarters, we prefer using our Objet to make prototypes
and plastic models of cool inventions, complete with moving parts that
serve to give industry people a real sense of an invention. A few
people have recently asked us if we’re going to try using our Objet to
make a feature film. We have no plan to do so—if we really want an
Oscar, we can simply make our own with the Objet.
BTW, Click here for a link to more info from Objet.
LOFTY PILLOW SALES
A couple months ago we shared exciting news of your fellow inventor Dr. Paul Mettler’s speedy Side Solution Pillow sell-out—just minutes into its QVC debut.
We’re pleased to report that the good doctor’s sales and distribution just keep on growing. You’ll now find his pillows in a bunch of additional outlets including target.com, sears.com, solutions.com, amazon.com and of course qvc.com. And the favorable customer reviews are pouring in to QVC’s website.
To help a fellow inventor (and get a better nights’ sleep), buy a pillow from one of these fine retailers. To help yourself, keep working on that inventive idea of yours… on your own, or with our specialized assistance.
NAIL DRIVER TESTERS
The inventive Nail Driver™ push hammer was a big hit with buyers at the late March International Housewares Show, and we’re now looking forward to its far-reaching distribution in the months ahead.
Needless to say, we’re excited to get it out there – after all, this inventive tool makes hanging picture nails a breeze, like nothing else.
We’d also appreciate some real-life user feedback on the first batch of Nail Drivers to come off the production lines. Want to give one a whirl, on us? Let us know. We ask that you e-mail back telling us (briefly) about your picture-hanging needs, and agree to give us your confidential feedback after using the Nail Driver. We’ll randomly select 10 respondents to be testers, and be back in touch seeking info on how best to mail to you.
EXPLODING ATARIS, WISPS & MORE
Our blog is the place to find the latest industry news, frontline reports from tradeshows, marketplace trends, neat ideas and products... and, yes, a bit of the weird too.
Our latest posts cover:
- Exploding Atari Attire
- Colgate’s inventive Wisp
- Notes from the International Housewares Show
- Notes from the NY International Gift Fair
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AbsolutelyNew is the consumer goods company that partners with inventors to launch innovative products. We offer a broad range of affordable services to give inventors the help they need to find success in the marketplace -- and we'd be happy to help you, too. Get in touch!
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