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Category Archives: Patent

U.S. P.T.O. Still Accepting Green Tech Accelerated Examination Petitions, in Theory at Least

Posted by J. Steven Rutt on Posted in Cleantech; Patent; U.S. Patent Reform

Based on review of the US PTO webpage statistics today, the PTO should still be accepting green tech petitions for accelerated examination. The PTO had declared in December that they would stop the program upon granting of 3,500 petitions, or upon reaching the date, March 30, 2012, whichever occurs first. As of the statistics posted today, only 3,375 petitions have been granted. Hence, the program should still be open, in theory at least. However, caution: the statistics also show 335 petitions are being considered, so if a petition is filed now, it may not be reviewed in time.

When this program expires, patent applicants can still file for a track I accelerated examination.

Atomic Layer Deposition (ALD): Nanotechnology Commercialization Quietly in Action

Posted by J. Steven Rutt on Posted in Cleantech; Electronic Devices; Patent

One important nanotechnology is Atomic Layer Deposition (ALD). In ALD, one can build up molecular layers on surfaces at the angstrom and nanoscale levels. The technology traces back to the 1960′s and 1970′s. ALD has a variety of application areas including defense and cleantech (e.g., solar cells, batteries) as well as the semiconductor industry and medical devices.

This week, new patent litigation was announced involving ALD. Its interesting and important that the patent at issue, US Patent No. 6,812,157, is not categorized as a 977 nanotechnology patent (the plaintiff is Atomic Precision Systems and the defendants include Jusung Engineering, Micron Technology, Intel, and IBM.  More and more ALD patents and patent filings are emerging. For example, the nanotechnology 977 patent publication database shows a rapidly growing role for ALD. As of today, 106 of the 977 patent publications recite ALD or atomic layer deposition in the abstract or claim. Of these, most of them (76) were published in 2010-today, and 2011 showed more (40) compared to 2010 (30).

Nanotechnology does not get the buzz it used to. ALD, however, illustrates how quietly nanotechnology pushes the technology boundaries, decade after decade, and contributes commercially in a variety of diverse applications. ALD is now positioned as a leading nanomanufacturing method. At a recent nanotechnology conference, the ALD commercialization talk from Cambridge NanoTech was a highlight. Another company, ALD NanoSolutions, recently announced progress with defense applications.

US PTO’s 2012 Steep Fee Increases Controversial; Cleantech and Nanotech Involvement

Posted by J. Steven Rutt on Posted in Patent; U.S. Patent Reform

We are urgently reviewing the proposed PTO fee increases based on PTO documents issued over the past week. The US PTO appears to agree that some of the steep fee increases, particularly the RCE fee increases, will be controversial. We encourage in 2012 all nanotech entities, cleantech entities, and every other entity under the sun who values patenting to engage in careful study of  the proposed rules to guide the PTO away from the proposed paths of steep fee increases. The PTO purports to be willing to listen to comments in 2012. Got it. We understand the PTO wants more money. They might even need more money. BUT, there are limits to the concept if innovation in the U.S. is to be encouraged, and a stronger sense of gradualism by the PTO on resolving money issues would seem in order.

Natural Gas, Cleantech, and 2012

Posted by J. Steven Rutt on Posted in Cleaning Up Hydraulic Fracturing; Cleantech; Patent

Secretary of Energy Steven Chu visited Pittsburgh today to review energy, natural gas, and innovation. In his remarks, he spoke of using shale natural gas as a balancing tool for wind and solar power. Chu also stressed the role of patents in innovation.

I noted discussion today at a Nanobusiness Commercialization Association meeting re role of nanotech in shale gas technology and its relationship to cleantech. So awareness of the connections are growing.

Interesting that the administration continues to push that the federal government’s shale gas research of the late 1970′s, in the Jimmy Carter era (and also Gerald Ford), has an important connection with 2012 events in deep shale drilling. Some recent blog activity noted this.

Possibly, or necessarily, shale gas and cleantech can and should arrive at a synergistic relationship. 

Of course, for those who know Pittsburgh, competing with Chu in Pittsburgh today for attention was the Steelers introducing their new offensive coordinator. There is always something new.

Carbon Nanotubes Continue to Amaze from 9 nm to 32 Feet

Posted by J. Steven Rutt on Posted in Electronic Devices; General; Patent

Carbon nanotubes continue to demonstrate amazing versatility. For example, IBM recently announced 9 nm transistors that outperform silicon. Nanocomp makes larger carbon nanotube structures and show, on their web page, 32 foot sheets. The web page, www.nano.gov, is doing a better job in 2012 compared to 2011 in conveying updates in the nanotech world, including the IBM development of the 9 nm CNT transistor.

The carbon nanotubes are a central theme in the nanotech patent literature. For example, among the 11,256 US 977 class nanotech patent publications, 37.1% of them mention carbon nanotube or nanotubes. 

It would be good, many would argue, if the United States could develop a coherent, dependable  policy to to commit to develop carbon nanotube technology, and similar nanotech wonders. The benefits will range from 9 nm to 32 foot technologies. Defense will be a leading driver to push the envelope on new materials leading to new products. Private sector venture capital priorities will rise and fall, which is fine, but US policy can promote a more stable, dependable effort to drive the future.

Domestic Inventing in Hydraulic Fracturing Arts

Posted by J. Steven Rutt on Posted in Cleaning Up Hydraulic Fracturing; Cleantech; Patent; Water

President Obama’s recent State of the Union address spoke of domestic oil and gas industry including shale gas (“American-made energy”). A leading but controversial technology for this industry is, of course, hydraulic fracturing. A brief review of the patent literature for 2012 confirms that inventors in this area for US patent filings are largely from the US. In a global economy, such domestic concentration for inventorship is somewhat unusual. The concentration of this innovation in the U.S. should be monitored.

As of today, in 2012, 38 patent publications refer to “hydraulic fracturing.” Of these, 27 (71%) list all U.S. inventors, and 32 (84%) list all U.S. inventors or list a majority of inventors as residing in the U.S.  Only 5 of the 38 (13%) list all non-U.S. inventors. The leading state for inventors is Texas.

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Military Leads Early 2012 Funding of Nanotech U.S. Patent Publications

Posted by J. Steven Rutt on Posted in Patent

2012 is well underway with class 977 nanotech patent publications continuing to issue at high rates. We have noted the explosive growth of 977 nanotech patenting many times previously. To date in 2012, 219 patent publications have published in the 977 patent class, which projects early on to about 2,850 patent publications for the year. While it is too early to project meaningfully for all of 2012, if this pace continues, 2012 will be another year of high rate of nanotech filings and may eclipse last year’s record number (3,439).

The role of government in innovation is a hot topic these days. Of these class 977 patent publications, 33 (15%) appear to have the federal funding contract clause. A total of 40 grants are referred to in the clauses. Defense leads the way with funding of 13 of these grants (33%). In number two slot was the NSF (12); in number three slot was NIH (9); and pulling up the rear was, surprisingly, Energy with only 6.

The defense funding was broken up among Air Force (5), DARPA (3), Navy (3), and Army (2).  With cuts in defense spending in the news, time will tell if these numbers can be maintained.

Patent Reform Moving Ahead – Debates Continue, PTO Rules Emerging,… Price Outrage?

Posted by J. Steven Rutt on Posted in Cleantech; Patent; U.S. Patent Reform

Two items of note today:

1) The US PTO today finally issued its proposed rules to implement its novel procedure called supplemental examination.  Bad news; and maybe outrage to follow.  They will charge a PTO fee of $5,180.00 “for processing and treating a request for supplemental examination.”  They will also charge a whopping fee of $16,120.00 “for ex parte reexamination ordered as a result of a supplemental examination proceeding.” !

Even more, to file a request for reexamination will cost $17,750.00 in PTO fees.

The public has two months to comment (to express their outrage?).

2) Also, I participated in a panel at American University today on patent reform and post-grant review processes.  I tried to express the need, conveyed by clients, that the complexities of the patent system need to be held in check, particularly for small business innovators.  Now it also appears that costs also appear to be in need of holding in check in the new US PTO.  One can only guess the PTO fees for things like inter partes review or post-grant review.  Numbers like $40,000 were noted on rumor-like basis.

The humor was along the lines of one can buy a nice car with these fees!?

Innovation, Basic Research, Clean Energy – Obama’s State of the Union Vision

Posted by J. Steven Rutt on Posted in Cleantech; Patent

President Obama delivered his state of the union address tonight. He hit many points of interest to those of us monitoring the high tech ecosystems: innovation, start-ups, basic research, federally-financed labs, universities, clean energy, etc. etc.

Killing cancer cells but leave healthy ones, he said. Sounds like nanotech.

Lightweight vests for cops and soldiers that can stop any bullet, he said. Sounds like advanced materials and/or nanotech.

Curious it was to hear him say that public research dollars were used to develop the technologies to extract natural gas from shale rock. Really? Not sure about that one. We can research more but am dubious from patent literature surveys.

Finally, do not forget his high tech batteries – more nanotech.

Also, the OSTP webpage on the State of Union speech noted more about Dr. Hiroyuki Fujita’s achievements with high tech companies QED and eQED.

The patent system apparently was not stated – a disappointment. Patent system’s regulations in view of reform are increasing heavily these days, which is at odds with his concept to cut regulation. 

Nevertheless, the vision is a good one for cleantech and nanotech.  Time to make it happen; cut through it time. Vision not enough.

DOE Features Ames’ Lead-Free Solder Patent and License Income

Posted by J. Steven Rutt on Posted in Cleantech; Patent

The Department of Energy (DOE) recently featured lead-free solder innovation and licensing from the Ames National Laboratory and Iowa State University. Apparently, $39M of licensing income has been received to date, which makes it now the highest royalty producing patent(s) at Ames. The lead-free compositions are based on tin, silver, and copper mixtures (alloys). 

Preventing the introduction of lead into the environment is an important, classic example of cleantech. I can remember in the 1990′s working on patent technologies for lead-free bullets and lead-free paint. A brief search of granted U.S. patents shows 577 granted patents have “lead-free” in the claim and, even more, 838 granted patents have “lead-free” in the claims. Lead-free technology is a leading example of how environmental concerns can drive innovation. For example, some of the lead-free solders apparently have advantages over the lead-containing solders. Some additional, commercally important lessons from this cleantech story:

  • government regulation, particularly in the European Union in 2006, apparently was a leading factor in increasing the license income;
  • time – roughly a decade – was needed before the licensing income started increasing and maturing;
  • the inventions apparently flowed from basic research efforts;
  • U.S. patents with Ames inventor Iver Anderson related to this technology include US Patent Nos. 5,527,628 and 6,231,691. These patents used the important claim strategy for materials technology, use of “consisting essentially of”;
  • several recent 977 nanotech patent publications show nanoparticle aspects of the technology (see, for example, US Patent Publication 2010/0031848 to Samsung);
  • even though foreign filing apparently was not carried out, licensed from companies outside the U.S. apparently were forthcoming

Diamond, One Important Arrow in the 2012 Advanced Materials Arsenal, Patent Efforts Increasing

Posted by J. Steven Rutt on Posted in Cleantech; Nano Biotechnology; Patent; Water

One subject to watch in 2012 is diamond. Synthetic diamond is one important arrow in the arsenal of advanced materials and is an essential part of the carbon based nanomaterials scene including familiar materials in the press such as fullerenes, carbon nanotubes, and graphene. Synthetic diamond films and powders, however, are also an important part of nanotechnology 2012, as it can have grain sizes at the nanoscale. Indeed, class 977 nanotech patent efforts on diamond seems to be increasing. In 2011, a record number of class 977 patent applications – 28 – included diamond in the title or abstract. In 2010, that number was only 18 and the year before was only 11. Some important diamond applications lead to energy savings and better electrodes, so it is also an important material for energy and cleantech. Biosensor applications also exist.

An excellent historical treatment of the development of synthetic diamond technology is Robert M. Hazen’s book, The Diamond Makers, 1999. A major player in the field was General Electric, which continues to this day to be a leading force in advanced materials, nanotech, and cleantech.

In the conception of manufacturing at an atomic, molecular, or nanoscale, inventors and futurists have always thought of building the perfect material: diamond.

2011 Finishes with Record Number of Nanotech 977 Patent Publications

Posted by J. Steven Rutt on Posted in Patent

Building on our prior December 10, 2011 blog post, we can now confirm as 2011 finishes that the PTO on Thursday set a record in publishing nanotech 977 patents. The final count for the year was 3,439. Last year was only 2,770, in contrast (2009 was only 1,499).

Will investors and the federal government take notice?

Coincidence? The last patent to publish was to GE, 2011/0320142! Our December 21 blog post noted GE patenting.

Nanotech Patent Counting in 2011: Record Numbers, Slight Growth… Good Management

Posted by J. Steven Rutt on Posted in Patent

Today, Tuesday, was the last day in 2011 in which the US PTO granted patents (actually, the clock is now unfortunately past midnight so seems it was yesterday now). The 977 nanotech patent count for 2011 is now in: 792 nanotech patents were granted (classified as 977 patents). That is up from 780 in 2010, and only 532 in 2009 (432 in 2008 and 352 in 2007). The total number of 977 nanotech patents now stands at 7,464, which means more than 10 percent of them issued in 2011.

The last patent for the year was US Patent No. 8,086,432 for a “Molecular Motor.”

Patent counting has its limits. Nevertheless, one famous company, it is reported, used to keep a “patent clock”  in the lobby which kept digital scoreboard of its patenting. Nanotechnology was an important aspect of that patent clock. There is a management idea that good management will only flow if that which is being managed is measured. Maybe.

Undoubtedly, patents will continue to be counted in 2012. Hopefully, that will lead to good management.

The Latest on the U.S. Critical Materials Strategy (Just in Time for Christmas!)

Posted by J. Steven Rutt on Posted in Nano Biotechnology; Patent

The DOE just released its December 2011 report for “Critical Materials Strategy.” The report is about 190 pages with about a third of that being appendices. Subjects of focus include the cleantech subjects of wind turbines, electric vehicles, photovoltaic thin films, and energy-efficient lighting. The report is not totally new but represents an update of a prior 2010 report. 

Key conclusions include: (1) rare earth elements play an important role in petroleum refining, but the sector’s vulnerability to rare earth supply disruptions is limited, (2) manufacturers of wind power and electric vehicle technologies are pursuing strategies to respond to possible rare earth shortages, and (3) as light energy efficiency standards are implemented globally, heavy rare earths used n lighting phosphors may be in short supply. DOE strategies include, for example, (1) diversifying the global supply chain, (2) developing substitutes, and (3) recycling, reuse, and more efficient use is important for newly extracted materials.

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GE and Wind Turbine Patenting: A Fortress Emerging as a Real Cleantech Story of the Year?

Posted by J. Steven Rutt on Posted in Cleantech; Patent

I was pleasantly surprised to see that the Department of Energy web page today featured use of wind power in my hometown area, Lancaster County Pennsylvania. Two new wind power units were installed in early 2011. Built by GE.  They can be observed when driving into the county, crossing the river. Subject of discussion over Thanksgiving dinner.

That led me to think about wind power in Pennsylvania more generally. After all, we regularly see the wind turbines off the PA turnpike in Somerset, PA. An ounce of research indicated, again, built by GE. First installed October 2001. 

Then, thinking more, I recalled the US PTO announcement this past fall about GE’s extensive use of the greentech accelerated examination program. GE was awarded the 500th patent in the program for – you guessed it – wind power technology. See my October 17, 2011 post. GE had at that time 116 greentech patents.

In 2011, a brief patent search showed 210 patents have issued assigned to GE on the cover that refer to wind turbines! That is a lot. Putting that in context is the fact that last year, 2010, saw only 85 such GE patents, and the year before, 2009, saw only 41 such GE patents (2008 was 52; 2007 was 30; and 2006 was only 21). That is also called “building a patent fortress.”

Much hot, bitter, and salty press in 2011 about cleantech companies flailing and failing like Solyndra. Perhaps that is not the real cleantech story of the year.

Nanotechnology in Hydraulic Fracturing Innovation – 2011 Developments

Posted by J. Steven Rutt on Posted in Cleaning Up Hydraulic Fracturing; Patent; Water

An important development to watch is how nanotechnology can be used as an innovation tool for hydraulic fracturing. See, for example, our prior blog posts of July 20, June 24, and June 5, 2011. The problem starts with nano: valuable carbonaceous materials are trapped in dense pore rock with pores scaling down to the nanoscale. How to get it out?

The problem continues with how to handle the waste water – nano is also important for this issue. The EPA provides an overview of these important commercial, environmental, and technical issues.

A number of hydraulic fracturing patent publications in 2011 were accorded the 977 nanotech classification. For example, on December 1, 2011, a patent application published related to nanodispersion well serving fluids including nanoparticles. PTO assignment recordation records show the application is now owned by Baker Hughes. In addition, on September 29, 2011, Chevron USA had published an application related to nanoparticle completion fluids.

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US PTO to Improve Patent Examination Methods Using Prize and Software Tournament ($50,000)

Posted by J. Steven Rutt on Posted in Patent

The Office of Science and Technology Policy (OSTP) has indicated that 900 registrants will seek a $50,000 innovation prize for winning a software tournament, the goal of which is to improve the US PTO examination process.  

Hopefully, the innovation will be the subject of a patent application – and that the PTO will wave the normal PTO fees!?

The problem to be solved: most patent examiners (and patent attorneys, for that matter) “waste” time in reviewing figures by the need to go back-and-forth between the drawing and the text describing the drawing. 

The solution: better software.

How to get the solution: set up a software tournament with a cash prize!

Winners to be announced around February 16, 2012.

We have written before about the prize approach to providing the incentive to innovate (see August 1 and July 8, 2010 blogs, for example).

Hopefully, the NNI and other government organizations associate with nanotech and cleantech are watching.

PTO to Terminate its Successful Greentech Patent Program in Favor of Track I (Curiously)

Posted by J. Steven Rutt on Posted in Cleantech; Patent

Some curious end-of-year activity for one government agency: the US PTO announced on December 15, 2011 through the Federal Register that it will extend – but also terminate – the Greentech accelerated examination program. The program was set to expire at the end of December but it will be extended to March 30, 2012. If, however,  they accord 3,500 greentech applications a special status before then, the program will terminate at number 3,500. Currently, the PTO web page statistics show the count is at 2,913. They may or may not hit 3,500. The program previously was supposed to hit 3,000 – but not there yet.

So, this is it !? Irony: the program is being terminated in view of its “success,” according to the PTO. Well, if a program is successful, why terminate….(well, never mind!). Heavy budget ax times may be ahead.

The alternative, according to the PTO, is the new Track I program. While this strategic insight from the US PTO is appreciated, the PTO neglects to warn users about the hefty fee the Track I program costs.

The new patent reform statute also has provisions for priority technologies – time will tell how that is used and if greentech will be a player.

Nanotechnology in the Popular Press: Another Excellent, Recent Example from The Economist

Posted by J. Steven Rutt on Posted in Cleantech; Nano Biotechnology; Patent

Nanotechnology has made it again into some mainstream press. The December 3, 2011 edition of The Economist has a 28 page Technology Quarterly which is a must-read for those that follow nanotech. Nanotechnology’s role in commercialization efforts is noted in several of the articles – good to see!

First, there is “Getting Past the Guards,” an article on the health side of nanotech regarding delivering pharmaceutical drugs past the body’s natural defenses (pages 18-19 in the paper edition). One such defense is the blood-brain barrier. Another is the small size of blood capillaries. Anticancer drugs can clump too much and cause blocking in the small capillary. Recent research is reported, however, where drug particles are converted to nanoparticles with a combination of sound waves and use of polymers to form shells. Certainly, cancer treatment is one blockbuster application of nanotech which should be stressed to government officials in charge of government funding and commercialization policy. An article is also attached on delivery of drugs across the blood-brain barrier using nanotechnology.

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Patent Explosion for 977 Patent Publications Continues as 2011 Finishes

Posted by J. Steven Rutt on Posted in Nano Biotechnology; Patent

Patent filing data are suggesting (if not confirming) that nanotechnology is an increasingly important technology sector in the U.S. For example, in 2004, the US PTO created the 977 nanotechnology class which provides a useful metric. In 2011, the 10,000th nanotechnology 977 patent publication published. The current patent publication count stands at 10,735 (as of December 8, 2011). Of these, 3,223 were published in 2011 which is about 30%. About 70% of the 10,735 have published in the past three years (2009-2011). An explosion this is.

Patent publications are a leading indicator for current trends in patenting. Because patents can take 2-6 years to grant, typically, patent publications are a more sensitive measure for the trends. Moreover, not every patent application is granted, which further skews the analysis if one focuses only on granted patents.

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Thanksgiving Day’s Bumper Crop of Nanotech 977 Patent Publications

Posted by J. Steven Rutt on Posted in Cleantech; Patent

While Thanksgiving this year was a holiday for most of us, filled with visiting relatives, turkey, and football, the US PTO quietly published a bumper crop of nanotech 977 patent applications on Thanksgiving Day – 62 to be precise! Some of my “favorites” include those with applications in cleantech and bionanotech. In addition, the intersection of polymer science and nanotechnology is clearly evident and commercially significant in the nanotech patent literature. Polymeric nanoparticles are an important type of nanoparticle, supplementing inorganic nanoparticle systems like quantum dots.
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Carbon Nanotube Industry and Patents – Ten Years Later

Posted by J. Steven Rutt on Posted in Patent

I noted several things recently which seem to connect:  (i) a patent of great interest to me finally issued from the US PTO related to an important (to me) carbon nanotube (CNT) application, (ii) many of the PTO’s class 977 nanotech patents seem to relate to carbon nanotubes, and (iii) Nanowerk is listing an updated study on the carbon nanotube industry and how it has grown. So I investigated these connections an ounce.

The US PTO now has granted 7,304 class 977 nanotech patents and, of these, 1,293 (18%)mention carbon nanotube or carbon nanotubes in the abstract or claims. That is remarkable.

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What Will the US PTO Do with Its Greentech Patent Program?

Posted by J. Steven Rutt on Posted in Cleantech; Patent

The US PTO is running its greentech accelerated examination program through December 31, 2011, or until 3,000 grantable petitions are reached. The grantable petition number now stands at 2,518 based on current PTO statistics. The PTO also recently announced that it has granted 552 greentech patents, and that at least 116 of these went to General Electric. Indeed, GE obtained patent #500.

The US PTO currently is heavily involved in implementing regulations for patent reform legislation enacted September 16, 2011. What will it do with its greentech program, and how will it find the time to decide? Many would like to know more details about how this program has progressed and who has benefited.

Nanomanufacturing Summit 2011 & 10th Annual NanoBusiness Conference

Posted by J. Steven Rutt on Posted in Patent; Symposium

Join the nanotechnology community beginning Sunday, September 25, 2011 for three days of dynamic discussion among leaders from emerging areas of nanomanufacturing and commercialization of nanotechnology-enabled products. Foley is proudly sponsoring the panel, “A New Patent Era! Reform and Recent Court Decisions Impacting IP Strategy and Valuation” which will includes the following guest speakers:

  • Henning Richter of Nano-C
  • Joe Piche of Eikos
  • Julie Heinrich of Plextronics
  • Nina Pearlmutter of Qteros

The Summit is co-organized by the National Nanomanufacturing Network (NNN) and the NanoBusiness and Commercialization Association (NanoBCA) (formerly the NanoBusiness Alliance).

Click here for additional details on the Nanomanufacturing Summit 2011 & 10th Annual NanoBusiness Conference.

For additional information on patent reform, please visit www.foley.com/patentreform.

Hope to see you there!