Summertime Inventions

As we all head outdoors for summer activities and vacations, I thought I’d take a look at some recent summertime inventions that caught my eye.   The first is a “Flying Insect Repelling Hat”, US Publication No. 2015/0143612.  The hat includes a series of solar operated fans located along the brim and pointed toward the user.  The solar panel is located on the top of the hat.  The air movement powered by the fans keeps those pesky insects at bay.

Another is the “Turtle Friendly Beach Cleaning Device,” US Publication No. 2015/0144362.  Who knew that sea turtles and their hatchlings struggle with sand that is rippled or raked?  Now there is a device that cleans the beach sand but leaves the sand relatively flat which enables the turtles and hatchlings to make their way up and down the beach.

Last but certainly not least is the “Interlocking Swim Noodle,” US Publication No. 2015/0118927.   These swim noodles have a cross-sectional shape that looks something like a jigsaw puzzle piece with recesses and protrusions.  The recess of one noodle is sized and shaped to receive the protrusion of another noodle.  With enough noodles you can build a giant noodle fortress and rule the pool! 

If you have a summer time invention, identifying and protecting it is important to its commercial success.  Having the right person to help you through that process can make all the difference.  The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game.   The first telephone consultation is free.  Email us at klynch@kliplaw.com.

Happy summer!

Spider Man's Web Shooter Untangled From Royalty Obligation

Recently, the U.S. Supreme Court confirmed a lower court ruling for Marvel Entertainment relating to a patent royalty dispute for a Spider-Man toy.  The majority, written by Justice Kagen, found that Marvel did not have to pay the agreed to royalties to the inventor of a web-shooting toy after the patent term expired. “Patents endow their holders with certain superpowers,” Kagan wrote, “but only for a limited time.”

The decision is a loss for the Spider-Man toy inventor Stephen Kimble.  Mr. Kimble obtained the patent in 1990 for a toy that shoots foam string from a gloved hand, imitating the web spun by a spider person.  Kimble sought to market the toy to Marvel’s predecessor, which at the time made its own “Web Blaster” toy without paying Kimble.

In 1997, Kimble sued Marvel and the parties settled for a fixed payment to Kimble, along with a 3 percent royalty on sales of the toy with no cutoff date. Marvel later sought a declaratory judgment that it no longer needed to pay royalties after the end of the patent term in 2010.

What’s the take away here?  If you are entering into a license agreement for intellectual property rights, be sure to fully understand your obligations as well as your rights.  Capitalizing on innovative developments is critical to any organization.  Having the right person to help you make those decisions is important.  The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game.   The first telephone consultation is free.  Email us at klynch@kliplaw.com.

BIG AUTO PLAYS NICE

Turns out, big business can play nice.  In an effort to encourage innovation, Ford Motor Company recently announced that it will allow competitors to access its patents relating to electric and hybrid vehicle technology.  Executive Chairman William Clay Ford, Jr. says that the release of the patents was for “industry-wide research and development of electrified vehicles” and the goal of sharing the patent portfolio is mainly to spur innovative development.  By sharing ideas, competitors can allow for more industry wide development and faster results. Sharing data and patents is also expected to allow for the mass production of electric cars so that they become more affordable for consumers.

 The Ford patent portfolio at issue is substantial.  In 2014 alone, Ford filed for over 400 patents relating to electric vehicles.  In addition, Ford owns over 650 such patents, with an additional 1,000 patents currently pending in the area of electric and hybrid vehicle technology.

Any company interested in investigating this technology can either contact Ford’s technology commercialization office or access the patents through AutoHarvest, which is a website for members to share and explore new technologies.  Ford is a co-founder of AutoHarvest.  There will be a fee to access the patents.

Ford’s sharing of its patent portfolio is well intended.  However, it also makes good business sense.  If new developments are made based on Ford’s technology, there is a potential licensing stream or other business arrangement in Ford’s favor.   The electric car market is fast-growing, Ford has an opportunity to capitalize on continued growth of the electric and hybrid vehicle markets as well as future battery developments. 

Patent sharing seems to be a recent trend for automobile companies, but Tesla was in the forefront.   Last year, Elon Musk of Tesla released Tesla patents relating to electric vehicle and battery technology to help other companies produce better electric cars, and boost consumer confidence when switching to electric cars.  Musk was quoted as being “frustrated” that other companies had not yet produced long-range electric cars. The likely thinking for Tesla and Ford is that speeding the adoption of electric vehicle and battery technology will help their organizations more than their competitors.  

Capitalizing on innovative developments is critical to any organization.  Having the right person to help you make those decisions is important.  The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game.   The first telephone consultation is free.  Email us at klynch@kliplaw.com.