nowEurope

In 1998, the U.S. Court of Appeals for the Federal Circuit (the “Federal Circuit”), the federal court that hears all appeals in patent cases in the United States, decided the State Street Bank v. Signature Financial Group case.  That case held that a business method could be patentable if it produced a “useful, concrete and tangible result” (and if the other tests for patentability were met – novelty and non-obviousness).

The U.S. courts, the U.S. Patent and Trademark Office (USPTO), and the public interpreted this case broadly, with conventional wisdom developing that even pure business methods (not necessarily driven by a computer, for example) could be patented.  The floodgates were opened for patent protection for business method inventions (both automated, and in their pure form), causing a spike in the number of patent applications for such inventions (and resulting in many such patent applications issuing as patents by the USPTO in later years).

Meanwhile, the European Patent Office (EPO) (the regional patent-granting authority for member states of the European Patent Convention) continues to consider methods for doing business as unpatentable per se, unless the invention has a technical characteristic.  Thus, the USPTO and the EPO have been at odds over the years as to whether business methods can be patentable, with the USPTO generally taking a more expansive view (business methods are patentable), and the EPO generally taking a more restrictive view (business methods are not patentable).

This all changed with the In re Bilski case.

Continue reading ‘In re Bilski: Harmonizing U.S. and European Patent Law for Method Inventions?’

As a U.S. patent attorney, I work with companies of all sizes (including many start-up companies), in the U.S., Europe and elsewhere, helping them file for and obtain U.S. patents.  I also help these clients coordinate patent filings worldwide.  A question I’m often asked is: are patents worthwhile?  As with many types of investments and property rights, the answer is – it depends.

By way of brief background, patents can be considered a contract between an inventor (or the inventor’s employer) and the government.  Like most contracts, patents are a two-way street.  In exchange for a full disclosure of the invention by the inventor, the government agrees to grant exclusive rights to the inventor/company, but only if certain patentability tests are met.

Continue reading ‘Patents: Are They Worthwhile for a Start-up Company?’

One of our goals at nowEurope is to profile innovative new companies and technologies in Central Europe. Hydro-Go is a small Hungarian company with a very big potential.

In an age of high energy prices and shrinking oil reserves, hydrogen holds out the promise of a cheap, clean and limitless supply of energy. Hydrogen is all around us in the form of water. The only hitch is how to extract that fuel in a cost effective manner.

Hydro-Go has developed a solution that extracts a higher amount of hydrogen than any other known solution, and the company is looking for a partner to take this technology to the market.

The invention is an advanced hydrolysis system, which is different from any other known hydrolysis systems. The compact size hydrolyzing reactor is built from conventional materials and uses off-the-shelf components and technology to separate oxygen and hydrogen from distilled water. It uses different excitation techniques (ultrasound, microwave, plasma) gradually exciting the molecules of water in several phases.

The estimated energy balance is positive – from 200% to as high as 400%. The reaction is sustainable and reproducible and while there are theories, the company admits they don’t know exactly how or why this works. Scientific examinations are currently being carried out by Hungarian and international institutions.

The company is seeking patent protection for this technology and is interested in talking to partners who can help take this to market. I will be happy to put interested parties in contact with the company principles. Email me at steve AT noweurope DOT com