{"id":236,"date":"2015-08-20T12:27:13","date_gmt":"2015-08-20T16:27:13","guid":{"rendered":"https:\/\/patents.harnessip.com\/?p=236"},"modified":"2015-08-20T12:27:13","modified_gmt":"2015-08-20T16:27:13","slug":"he-fought-the-law-and-the-law-won","status":"publish","type":"post","link":"https:\/\/patents.harnessip.com\/?p=236","title":{"rendered":"He Fought the Law, and the Law Won"},"content":{"rendered":"<p>The most remarkable thing about Hyatt v Lee, [2014-1596], (August 20, 2015), is that the plaintiff Mr. Hyatt has 400 pending patent applications that were filed before June 8, 1995.\u00a0 This means that any patent that issues on one of this applications will have a 17 year term from issuance, expiring a minimum of <em><strong>37 years<\/strong> <\/em>after they were filed.\u00a0 Each of these applications averages 116 independent claims, and\u00a0299 total claims, which if filed electronically today would\u00a0cost $35620 in filing fees per application.\u00a0\u00a0The Patent Office\u00a0estimates that combined, Mr. Hyatt&#8217;s 400 applications\u00a0include 45,000 independent claims and 115,000 total claims.<\/p>\n<p>It is not surprising that the USPTO is not amused with Mr. Hyatt, and in August 2013, the\u00a0began to issue \u201cRequirements\u201d in each of the application families, asking Mr. Hyatt to\u00a0select a number of claims from\u00a0each family (not to exceed 600),\u00a0identify the earliest applicable priority date and supporting disclosure for each selected claim; and 3) present a copy of the selected claims to the USPTO.<\/p>\n<p>Mr. Hyatt&#8217;s concern was that as patents issued, this could make information about unpublished applications public to his detriment.\u00a0 This seems a legitimate concern, but facing the examination of 115,000 total claims, the USPTO was not sympathetic, and the Federal Circuit backed them up.<\/p>\n<p>You can buck the system, but you have to remember that the system bucks back.<\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The most remarkable thing about Hyatt v Lee, [2014-1596], (August 20, 2015), is that the plaintiff Mr. Hyatt has 400 pending patent applications that were filed before June 8, 1995.\u00a0 This means that any patent that issues on one of &hellip; <a href=\"https:\/\/patents.harnessip.com\/?p=236\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[],"class_list":["post-236","post","type-post","status-publish","format-standard","hentry","category-patent-law"],"post_mailing_queue_ids":[],"_links":{"self":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/236","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=236"}],"version-history":[{"count":1,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/236\/revisions"}],"predecessor-version":[{"id":237,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/236\/revisions\/237"}],"wp:attachment":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=236"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=236"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=236"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}