Duncan Bucknell

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I spent time at the LES World IP Day celebration on April 26.  It had lots of interesting discussions.  Toward the end, when I was about to leave – it had gone a bit longer than scheduled – and just as I was getting up from my table, I had to pause. I love when people net out a truth behind a way we do things that we may not think about. … Read More

I have often compared patents to castles when discussing high stakes invalidation exercises.  Some are inherently stronger than others, but given enough resources, none of them are invulnerable.  Castles, like patents, are often viewed as defensive structures.  So it was interesting to hear a narrator on a History Channel episode about great fortifications describe castles as tools of aggression…an inherently offensive and not a defensive weapon.  Why would this be so?  Answer:… Read More

Ok, I get it that lobbying can be an important part of an overall strategy and so hats off to those who have created some fog around a seemingly broken patent system. However, things have gone just a little too far now – and unfortunately all of the hyperbole is focused on the United States. To summarize Kenneth Lustig’s recent Forbes article on the topic: (and thanks to David Kline for sending… Read More

Inadvertent abandonment of IP rights often results from either human error, the lack of a robust deadline docketing system and/or failure in communication between company and IP counsel. More usually however, abandonment is a positive action taken by companies who no longer see the relevant IP as core to their business generally or in particular markets, or have noted data to suggest that a patented product or process will not reach the… Read More

Those of you who subscribe to Hal Wegner’s IP news update emails will have recently received an email enclosing a very brief synopsis of how the “New Law” of first-to-file (or more accurately first inventor-to-file) can impact patent applications filed after March 15, 2013, even if an earlier priority date is claimed. The paper has, somewhat for effect, the title “Death of Current Continuation Practice: March 15, 2013” and provides support for… Read More

For some reason the Google news about the acquisition of Motorola Mobility made me think of a song about nuclear proliferation written by Tom Lehrer for the 1965 album That Was The Year That Was.  The rift is below, and the core strategic principle holds true for Google…especially if you sub out the word “Lord” for Google’s steadfast belief in openness.  (This song was written at a time when Egypt and Israel… Read More

So what is the best strategy for patenting in China?  I recently gave my “10 Ways to Improve and IP Strategy” talk at IQPC in Florida, and a general consensus among IP managers at the conference was to start filing patents in China now, as if China had a rigorous system for patent enforcement today, in anticipation that China will have a rigorous system of patent enforcement ten years from now.  While… Read More

I’ve just finished reading the book ‘Don’t file a patent’ by John Smith and want to share with you some thoughts. Although, in my opinion, the author is presenting a sketchy image of the entrepreneurial business (to a large extent overly simplified and generalized), the book is an easy read through material that entrepreneurs, patent attorneys and patent office officials should consider reading. Why? Because each of the above mentioned groups would… Read More

If you encountered an alien from another world and wanted him to understand the concept of what a word is, chances are you would put words (and their object or idea representation) into context with the letters from which we write them and the sentences and paragraphs for which they are a part. This is the best way to describe any system – to put it into context with a system below… Read More

First, a brief lead in to this blog topic: In 2006, the Chinese State Council issued both The Guiding Principles of Program for Mid-to-Long Term Scientific and Technological Development (2006-2020) and a notification of a number of accompanying policies on the implementation of the Program. These policies required that improving indigenous innovation be made the most important aspect of all science and technology related work, and that the promotion of indigenous innovation… Read More