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This is the home page of Robert J. Yarbrough of
Lipton, Weinberger & Husick,
providing patent law services to clients nationwide...
Biography
I have practiced law for thirty years. I am a patent
attorney licensed to practice before the United States Patent and
Trademark Office and hold a degree in mechanical engineering...
Patent
Projects
I am licensed to practice before the U.S. Patent and Trademark
Office and assist clients in the protection of their inventions and
other intellectual property through patents, copyrights and
trademarks. The following is a brief description of a few
recent patent projects...
Everything you were taught about osmosis is wrong
Publications of Harold T. Hammel, PhD
Publications
Click on the title of each article listed below to follow a link to
the article. I delivered each of the following articles to
meetings of patent or environmental attorneys...
Supreme Court Jurisprudence on the Doctrine of Equivalents:
(Patent) The doctrine of equivalents expands the reach of a
patent beyond its literal claims...
Protection of Trade Dress:
(Trademark) A trademark identifies the source of a product.
The appearance, or "trade dress," of a product also can serve to
identify its source...
Patent Reexamination:
(Patent) Patent reexamination is a mechanism for a
patent holder to strengthen his or her patent by bringing new art to
the attention of the examiner...
Indirect Infringement of Copyright:
(Copyright) This memorandum addresses whether a provider of a
copying technology is liable for copyright infringement where other
persons use the technology to copy works protected by
copyright...
Trade Secrets in Pennsylvania:
(Trade Secrets) Pennsylvania adopted the Uniform Trade Secrets
Act in 2004...
Patent Licensing of Future Inventions:
(Patent) This memorandum is a review of an article on patent
licensing...
Enforcing Design Patents:
(Design patents) Design patents protect how an article looks
rather than how the article works...
Appeal of Patent Claim Rejections:
(Patent) A final rejection by a patent examiner is not the end
of the process...
Inequitable Conduct as a Defense to Patent
Infringement:
(Patent) The doctrine of 'inequitable conduct' is a shield
against patent liability...
Deferred Examination of Patent Applications:
(Patent) Deferred examination allows a patent applicant to request
that review of the patent application be deferred...
Supreme Court Decisions on Patentable Subject
Matter:
(Patent) The Bilski decision of the Federal Circuit Court
substantially restricted what can be patented...
Inducement of Infringement.
(Patent) Causing someone else to infringe a patent is infringement.
Changes to 35 U.S.C. 102 under the America Invents Act
(Patent) The new 'America Invents Act' radically changes how inventors and
invention-owning companies protect their inventions. This
article addresses the changes to the patent bars and to prior art.
Pennsylvania's Anti-Sprawl Legislation:
(Growth) This article was published by the Philadelphia Bar
Association and relates to efforts to control explosive suburban
real estate development...
Pennsylvania's Water Quality Antidegradation Program:
(Water Pollution) The thrust of the "antidegradation"
water pollution program is to protect lakes, streams and rivers from
pollution...
The "Any Credible Evidence" Rules and Compliance Assurance
Monitoring:
(Air Pollution) The ACE and CAM rules relate to the monitoring and
enforcement of Federal air pollution requirements...
Ozone
Non-Attainment and the Problem of Long Range Transport:
(Air Pollution) Air contaminants travels from power plants in the
Midwest and cause air pollution problems in the Eastern United
States. Fixing the problem will be expensive and is resisted
by Midwestern states and electrical utilities...
Legislation Affecting the Solid Waste Industry:
(Solid Waste) The companies that collect and dispose of trash are
under attack in Pennsylvania. This article discusses recent
efforts by the Pennsylvania Legislature to limit the waste disposal
industry...
RCRA Land Ban:
(Hazardous Waste) The RCRA Land Ban is an effort by Congress
to phase out all disposal of hazardous wastes in landfills or other
land-based disposal...
Newsletters
We prepare monthly e-mail newsletters.
1. Newsletter, March 2009
Registering copyrights and
trademarks with Homeland Security
Deferred examination of patent applications
Linking may be dangerous to your health
2. Newsletter, April 2009
iPod to the Queen
Applications and revenue down at the PTO
Trademarks- Use them or lose them
Protecting yourself from infringement on EBay
3. Newsletter, May, 2009
State trademark registration
Patent reform - First to File vs. First to Invent
Don't forget trade secrets
$9.7 million trade secret judgment
4. Newsletter, June 2009
Facing Trademark Protection on Facebook
Design Patents
Real Trademarks Used in a Virtual World
Developments at the Board of Patent Appeals and Interferences
5. Newsletter, July 2009
Is ASCAP crazy?
Michael Jackson defied gravity.
Registered Offices are important.
Why not use fake patent numbers?
6. Newsletter, August 2009
New PTO Administrator
Is a download a performance?
Supreme Court to consider what can be patented.
Real trademarks used in virtual worlds, Part II.
7. Newsletter, September 2009
Is your patent vulnerable to foreclosure?
Trademark and copyright symbols.
PTO Director Kappos proposes to reform patent examiner 'count'
system.
Congress considers copyright protection for fashion designs
8. Newsletter, October 2009
Ringtones freed by district
court.
Hope for the patent system?
The Mighty Mouse saga
Free patent search resources
9. Newsletter, November 2009
Read your software licenses carefully.
PTO pilot program for small entities.
What's in a name-Choosing a domain name can be tricky.
You don't have to wait until your patent issues.
10. Newsletter, December 2009
Bloggers and advertisers cautioned by the FTC
on product endorsements.
Global Findability goes for the gold.
What to do when your trademark is registered as a domain name by
another person.
Planning to license or sell your patent?
11. Newsletter, January 2010
Teaching innovation.
Using trademarks where they do not belong.
PTO pilot program for green technologies.
Do patent applications require a separate written description?
12. Newsletter, February 2010
Intent-to-use trademark
applications and the Internet.
Is plagiarism copyright infringement?.
Proper patent marking.
When is a product 'sold' for patent infringement?
13. Newsletter, March 2010
Is an image without a copyright
notice free to use?.
Don't go naked when assigning a trademark.
PTO budget proposes more examiners and fees..
Cease and desist letters and trademark rights.
Issue 14. April 2010
Cyberspace is expanding.
Can I sell photos that I take?
Planning for events beyond your control.
Patent reform is not dead.
Issue 15. May 2010
Can I freely distribute a news article?.
Patent reform Lite.
Registering trademarks for scents, color and sound.
International piracy.
Patent Prosecution Highway
Issue 16. June 2010
Supreme Court Decides Bilski.
Supreme Court sends a message to employees.
Can I donate a copyright?.
PTO considers multiple patent review tracks.
Internships: It's not just another free employee.
Issue 17. July 2010
Jurisdiction in the Internet World
Grammar of Copyrights and Trademarks
Inventor's Eye - PTO publication
Copyright and public performance of a movie
Issue 18. August 2010
Mailing a work
to yourself
End of the Internet monopoly
Protecting trade secrets from employee theft
Patent invention services - buyer beware
Issue 19. September 2010
Transfer of software licenses
Keeping it private in the workplace
Gourmet's guide to IP rights
Dangerous patent applications
Unspillable milk and iPhone apps
Issue 20. October 2010
Ask Dr. Copyright - duration of
a copyright
Famous trademarks
Does a food trademarks protect the recipe?
Patent search tool for FireFox
PTO issues patents, reduces backlog
Issue 21. November 2010
Copyright and 'safe harbors'
Policing Trademarks
Deferring patent examination
Issue 22, December 2010
Copyright and Safe Harbor, part II
Corvette and famous trademarks
Losing foreign patent rights
Issue 23, January 2011
Patent Infringement 'R' Us
To Hold or Not to Hold - IP holding companies
PTO Green Technologies Program Extended
Patent Reform Redux
Issue 24, February 2011
Is Coca-Cola's trade secret
recipe still a trade secret?
Watson computer vs. Jeopardy champions
What's in a
name? - Your name as a trade mark
Patent Reform Legislation forwarded to the full U.S. Senate
Federal Courts' Continued Hostility Toward Complex Patent Issues
Issue 25, March 2011
'America Invents Act' passes
Senate, pending in House
Two Trademark Registers
Attorney-Client Privilege
Chocolate Milk, part II
Issue 26, Newsletter, April 2011
Branding is effective
Trade secret theft is a crime
Dr. Copyright
Issue 27, Newsletter, May 2011
Protecting your trademark from XXX
Viacom v YouTube - The saga continues
Who owns your invention?
New opportunities for patent applicants.
28. Newsletter, June 2011
Fate of a copyright troll
House passes 'America Invents Act'
LWH reclaims domain name
ICANN developments
'Inequitable Conduct'
29. Newsletter, July 2011
Treb Lipton, 1942-2011
Theft by a departing employee
Protecting intellectual property on Facebook
Supreme Court says employee can assign away employer's invention
30. Newsletter, August 2011
Copyright Infringement and the Vanishing
Corporate Veil
Patent Reform is Broken
When is Computer Software an Unpatentable Mental
Process?
31. Newsletter, September 2011
Patent reform signed into law
America Invents top ten list
Crucial information for inventors
PTO restarts 'fast track' patent review
Descriptive Trademarks: Apple loses one
32. Newsletter, October 2011
33. Newsletter, November 2011
Ask Dr. Copyright - Peer-to
Peer file sharing may be hazardous to your health.
'Best Mode' under the America Invents Act
The 'First Sale' doctrine and why you should not
rely on Google as your lawyer
Trademark infringement cases on the rise
The privacy we give up for cell phone convenience.
34. Newsletter, December 2011
Ask Dr. Copyright . . . Protect Your Software, Circuit
Boards, and Mask Works
Quick Patent Application Review for Green Technologies
French Fries Sue Crabs
Has Your Privacy Been Breached?...Now You Have a
Resource.
Pennsylvania
Intellectual Property Law Forum
This is the home page of the Pennsylvania Intellectual Property
Forum ("PA IP Forum"). The PA IP Forum is an organization of
patent lawyers and other attorneys interested in patents,
copyrights, trademarks and generally the protection of ideas and
inventions...
List of Participants
A list of persons participating in the PA IP Forum.
Advocacy and Lobbying
Change on a grand scale is sweeping through the U.S. patent system.
In response to a surge in patent applications over the last fifteen
years, the U.S. Patent and Trademark Office (PTO) is desperately
trying to improve the quality of issued patents and to reduce the
time required to process applications....
21st
Century Rulemaking
The 21st Century rulemaking addressed many aspects of patents.
Comments html
Comments of the PA IP Forum to PTO proposed rulemaking in html
format.
Comments pdf
Comments of the PA IP Forum to PTO proposed rulemaking in .pdf
format.
Compliance with Regulatory Flexibility Act
The Regulatory Flexibility Act requires the PTO to consider the
effect of its regulations on small business. The PTO has not
met its obligations under the Act.
The Regulatory Flexibility Act
FOIA Response by the PTO
FOIA Response by the PTO
Letter to J. Dudas of March 17, 2004 in pdf
Letter to J. Dudas of March 17, 2004 in html
Letter to Sen. Orrin G. Hatch of March 17, 2004
Memo of conference telephone call with PTO management, March 23, 2004
Letter from B. Knight of March 24, 2004
Response to letter from B. Knight, April 4, 2004 in pdf
Response to letter from B. Knight, April 4, 2004 in html
Submission to House and Senate committees, 4-6-2004
Patent Fee Legislation
In 2004, Congress substantially increased the fees for patenting.
Written comments to the fee legislation in pdf
Written comments to the fee legislation in html
memo confirming meeting with Senate staff
Millennium Copyright Act anti-circumvention comment
The Copyright Office requested proposals for exemptions from the
anti-tampering provisions for copy protection devices.
Claim Limitation Rulemaking
In 2006, the PTO proposed to substantially change the law of patent
claiming.
FOIA request response by PTO, 4-4-2006
Comments to Claim limitation rulemaking, 4-28-2006 in pdf
Comments to Claim limitation rulemaking in html
Continuation limitation rulemaking
In 2006, the PTO proposed to substantially change the way that
patent applications are prosecuted and to substantially reduce the
rights of patent applicants.
Proposed continuation limitation rulemaking
FOIA request response by PTO, 4-4-2006
Comments to rulemaking in html
Tafas v Dudas decision striking down final rulemaking
Subsequent rulemaking requesting comment for Regulatory Flexibility Act compliance
Nomination of Stuart Bowie to PTO advisory committee
Links
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