by Kathleen Lynch | Mar 31, 2026 | Entrepreneur, Entrepreneurship, Innovation, Invention, Inventor, Patent, Patent Prosecution, Patentability, Small Business, Start Up, Start Up Considerations, Uncategorized, US Patent Office
A patentability search and assessment is always recommended when evaluating whether your invention would be entitled to meaningful patent protection. The search also helps to inform the inventor and patent attorney where there may be areas of more narrow protection and draft accordingly.
The United States Patent Office recently launched the AI Search Automated Pilot Program. The program is designed to evaluate the examination process by including an automated pre-examination search, and whether the inclusion will improve quality and efficiency of examinations.
The program (ASAP!) will conduct an automated search for original, noncontinuing, nonprovisional applications. The automated search results will be sent to the applicant and will provide an earlier communication regarding potential prior art issues. Under the pilot program, applicants will not be required to respond to the search results.
However, the search results may provide an opportunity to the applicant to file a preliminary amendment in an effort to place the application in a stronger position for allowance. Alternatively, the applicant may wish to file an express abandonment and obtain a fee refund in view of search results that indicate a lack of patentability.
Recently, the U.S. Patent Office has announced that it is waiving the fee requirement for any petition to participate under 37 C.F.R. 1.182 filed after March 23, 2026. This should enable self filing entrepreneurs and inventors to take advantage of this new program for free!
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 consultation is free. Email us at kl****@*****aw.com.
Photo by Szorstki on FreeImages
by Kathleen Lynch | May 27, 2016 | Innovation, IP Management, Start Up Considerations
Earlier this year, I wrote about the federal Defense of Trade Secrets Act passed by the senate. This month, President Obama signed the act into law. The law (“DTSA”) creates a federal cause of action for theft of trade secrets. This means that the owner of a trade secret that has been stolen or disclosed can sue in federal court.
There is a whistleblower provision that grants immunity from a theft of trade secret claim to anyone who makes a disclosure in confidence to either (1) a federal, state, or local government official, or (2) an attorney, as long as the reason for disclosure is for the sole purpose of reporting or investigating a violation of the law.
The whistleblower provision requires employers to provide notice to all employees. Failure to do so will void an employer’s ability to take advantage of the DTSA’s provisions regarding exemplary damage awards (up to twice the damage award) and attorneys’ fees in cases of willful violations.
What’s the take away here? It is in every employer’s best interest to include the new notification in any employee agreement relating to trade secrets, confidentiality and/or nondisclosure obligations. This would include
- Non-compete agreements
- Consulting agreements
- Employment agreements
- Separation agreements
- Retention agreements, and
- Independent contractor agreements.
It would be wise to also include a notice in any employee handbook or new employee orientation materials.
Protecting your 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 kl****@*****aw.com.
by Kathleen Lynch | May 11, 2016 | Entrepreneurship, Innovation
Hold off on scheduling that facelift. Researchers at MIT (Massachusetts Institute of Technology) have developed a compound that acts like a second, more youthful skin. The composition is known as XPL (cross-linked polymer layer). It is applied to the skin in two steps. First, a layer of transparent cream is applied to the skin. Then a catalyst is applied. The catalyst binds the cream to the skin as a transparent film.
While XPL has obvious applications as a wrinkle cream, it may also be used as an SPF and to treat certain skin conditions such as dermatitis or psoriasis. The video demonstrating the cream’s performance can be viewed here.
Protecting your innovative developments is critical to any organization. Having the right person to help you make that decision 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 kl****@*****aw.com.
by Kathleen Lynch | Apr 12, 2016 | Innovation, Patent Prosecution
One of the most famous patents had part of its record lost for 36 years. Part of the patent file on the Wright Brothers’ first flying machine disappeared in 1980 when it was returned to the National Archives by the Smithsonian Museum where it had been on loan for an exhibit. It was not until 2000 that archivists discovered it missing. In March of this year the record was discovered in a cave outside of Kansas City where government records are stored.
Government officials speculate that the record was likely misfiled in 1980 and made it difficult to find. The papers, along with the rest of the patent file, will now be part of an exhibit at the National Archives starting May 20th.
Protecting your innovative developments is critical to any organization. Having the right person to help you make that decision 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 kl****@*****aw.com.
by Kathleen Lynch | Apr 6, 2016 | Innovation, Patent Prosecution
Apple recently was granted a patent that detects and deletes swear words from song lyrics on audio tracks. The system first finds the explicit language in a track and then removes it. In addition, the system can replace the profane language with milder lyrics or background music. The system also works with audio books.
Apple has not indicated that it plans on bringing the technology to Apple Music in the near future. As the mother of twin teenagers, I can only hope!
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 kl****@*****aw.com.
by Kathleen Lynch | Mar 16, 2016 | Innovation
Every once in awhile I come across a great inventorship story. This is the story of Jane ní Dhulchaointigh (pronounced “knee-gull-queen-tig”). A UK product designer, Jane developed a moldable glue which is sold today as Sugru.
Jane started out wanting a more effective ergonomic knife handle. Using silicone caulk and sawdust, she spent 6 years experimenting with over 5000 different variations on a moldable glue formula. Once she had attained the desired formula, Jane wanted to approach 3M to buy it. But the year was 2008 and many advised her against it.
Since necessity is the mother of invention, Jane and her team decided to launch the product themselves. They initially focused on the online craft market and used social media to help advertise their product.
What’s the take away here? Be persistent. It took Jane 6 years to develop this product and formula. Most of us would have given up after 6 hours. Also choose your advisors well and follow solid advice. Sugru’s sales skyrocketed with the strong emphasis on social media. Jane has also maintained a strong competitive advantage internationally by using the patent system.
Protecting your innovative developments is critical to any organization. Having the right person to help you make that decision 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 kl****@*****aw.com.
