đ11 Kiryat Hamada Street, Jerusalem, Israel
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Just Peachy!
Here, in Israel, weâve been off for a week, celebrating the Passover holiday, and now weâre back, suddenly transitioning from spring to summer. This brings with it the upcoming INTA Annual Meeting, this time taking place in Atlanta a.k.a. the âBig Peachâ, where weâll be represented by Avraham Hermon and Ivan Lipshitz.
In the featured podcast in this monthâs IP Trailhead newsletter, Avraham discusses the diagnosis of ADHD with the COO of MindTension Dr. Hada Shatz Azoulay; yet one further Israeli startup trying to cure the world. Ivan, on the other hand, has us imagining ourselves driving around in the Caribbean in an Aston Martin sports car, James Bond style. This is followed by Mike Hammerâs update on the not so thrilling subject of Obviousness, as per the most recent update to Examiners. We finish up with wine, courtesy of Miriam Samis. Well, itâs not actually wine, but a wine-related metaphor which may help inventors when contemplating old age, making it slightly more palatable, especially when it comes to advancing patent applications at speed, through the USPTO.
So, all in all, whatever your plans for the next few months, we wish you all a happy, healthy and above all, meaningful, summer.
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There are times when I am reading a rejection from a US patent examiner that isnât clear at all what the examiner is thinking. Particularly when it comes to the question of whether a claimed invention is obvious, the basis for a rejection can be somewhat opaque and even seem completely disengaged from the prior art. Recently, the USPTO issued updated guidance to its examiners for âMaking a Proper Determination of Obviousness.â The updated guidance may not tell us whatâs going on in the mind of a patent examiner, but at least it tells us what the USPTO thinks an examiner should be thinking.
The simultaneous good news/bad news is that the updated guidance does not break any new ground. Rather, it clearly articulates what most of us have been experiencing since the Supreme Courtâs decision in KSR v. Teleflex (âKSRâ) in 2007, with abundant citation to case law from the past 16+ years. Notably, while the guidance does lead with heaps of gloom and doom (from the perspective of an Applicant), there are a few breaks in the clouds by the end, which at least provide some light, and maybe even a glimmer of hope that yes, it is still possible to patent an invention in the USA.
What does the revised examination guidance say?
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If youâre a wine lover, you probably already know that aging wine can work wonders for its flavor, aroma, and color. It turns out that getting older has some perks in the United States Patent and Trademark Office (USPTO).
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Aston Martin Lagonda Limited v. DNS Admin, Kindpedia
WIPO Case No. DAI2023-0014
Sports car enthusiasts will be familiar with the distinctive engine sound and familiar roar of an Aston Martin sports car. Its fame and renown as James Bond 007`s car of choice is well known. James Bond is well-known for driving around in his open Aston Martin sports car at break-neck speed in typical James Bond style in exotic locations with a beautiful damsel -in- distress seated next to him with flowing scarf, as portrayed in blockbuster 007 movies, from âGoldfingerâ to âNo time to Dieâ.
As reported by The New York Times, Anguilla, a small Caribbean Island east of Puerto Rico has, as a result of the AI boom, recently experienced a remarkable economic bonanza and uptick in its good fortune. As the designated domain name for the island, ".ai" has become highly sought-after by companies seeking to showcase their involvement in the AI industry, and which are desirous of having an internet address that communicates that they are at the forefront of the A.I. boom. Elon Musk's X.ai website for his AI company is one such example. Anguilla has recently received a huge influx in requests for domain names. Antiguaâs government`s profits from registration fees for ".ai" domain names have skyrocketed, ranging from $140 to thousands of dollars per registration, including proceeds from website names sold at auctions. Last year alone , Anguillaâs government made about $32 million from those fees. That amounted to more than 10 percent of gross domestic product for the territory of almost 16,000 people and 35 square miles.
It is no wonder that cybersquatters have targeted, among other famous brands, the eponymous British luxury sports car manufacturer, Aston Martin Lagonda Ltd, and its ASTON MARTINÂŽ brand.
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Dr. Hadas Shatz Azoulay is the co-founder of MindTension, an Israeli biotech startup that has created a device which allows for accurate measuring of ADHD which helps in diagnosis and proper drug prescription.
Avraham sat down with Dr. Azoulay in the Modiin offices of JMB Davis Ben-David to discuss how she became involved in the startup, getting funded, the challenges of being a woman co-founder, tips for startup founders and much more.
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The JMB Davis Ben-David patent services team helps companies and individuals secure and leverage their patent rights for products in the US, Israel, and globally.
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The JMB Davis Ben-David trademark services team works with leading international brands seeking to merchandize their products in the US, Israel and the rest of the world.
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For 25 years, the JMB Davis Ben-David team has successfully assisted clients in registering design patents that protect their original designs for products ranging from medical devices to diamonds.
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The JMB Davis
Ben-David
YouTube Channel
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You'll find our hour long webinars on Patents and using the Patent system to your advantage.
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We're here to help you with your patents, designs and trademarks.
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We started JMB Davis Ben-David with one goal in mind: to help our clients navigate the challenges of securing rights to their IP. This includes patents, designs and trademarks. Since 1995 we have been working with partners around the world so as to secure our clientsâ IP rights. Weâre here for you.
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Managing Partner
JMB Davis Ben-David
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