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This is the home page of Robert J. Yarbrough of Lipton, Weinberger & Husick, providing patent law services to clients nationwide...

Biography

I have practiced law for thirty years. I am a patent attorney licensed to practice before the United States Patent and Trademark Office and hold a degree in mechanical engineering...

I am licensed to practice before the U.S. Patent and Trademark Office and assist clients in the protection of their inventions and other intellectual property through patents, copyrights and trademarks. The following is a brief description of a few recent patent projects...

Everything you were taught about osmosis is wrong

Publications of Harold T. Hammel, PhD

Hulett and Lewis

Publications

Click on the title of each article listed below to follow a link to the article. I delivered each of the following articles to meetings of patent or environmental attorneys...

Supreme Court Jurisprudence on the Doctrine of Equivalents:

(Patent) The doctrine of equivalents expands the reach of a patent beyond its literal claims...

Protection of Trade Dress:

(Trademark) A trademark identifies the source of a product. The appearance, or "trade dress," of a product also can serve to identify its source...

Patent Reexamination:

(Patent) Patent reexamination is a mechanism for a patent holder to strengthen his or her patent by bringing new art to the attention of the examiner...

Indirect Infringement of Copyright:

(Copyright) This memorandum addresses whether a provider of a copying technology is liable for copyright infringement where other persons use the technology to copy works protected by copyright...

Trade Secrets in Pennsylvania:

(Trade Secrets) Pennsylvania adopted the Uniform Trade Secrets Act in 2004...

Patent Licensing of Future Inventions:

(Patent) This memorandum is a review of an article on patent licensing...

Enforcing Design Patents:

(Design patents) Design patents protect how an article looks rather than how the article works...

Appeal of Patent Claim Rejections:

(Patent) A final rejection by a patent examiner is not the end of the process...

Inequitable Conduct as a Defense to Patent Infringement:

(Patent) The doctrine of 'inequitable conduct' is a shield against patent liability...

Deferred Examination of Patent Applications:

(Patent) Deferred examination allows a patent applicant to request that review of the patent application be deferred...

Supreme Court Decisions on Patentable Subject Matter:

(Patent) The Bilski decision of the Federal Circuit Court substantially restricted what can be patented...

Inducement of Infringement.

(Patent) Causing someone else to infringe a patent is infringement.

Changes to 35 U.S.C. 102 under the America Invents Act

(Patent) The new 'America Invents Act' radically changes how inventors and invention-owning companies protect their inventions. This article addresses the changes to the patent bars and to prior art.

Patent Remedies without going to Court

(Patent) A patent can be attacked, amended or corrected without going to court. This article addresses the administrative remedies available after the America Invents Act.

Pennsylvania's Anti-Sprawl Legislation:

(Growth) This article was published by the Philadelphia Bar Association and relates to efforts to control explosive suburban real estate development...

Pennsylvania's Water Quality Antidegradation Program:

(Water Pollution) The thrust of the "antidegradation" water pollution program is to protect lakes, streams and rivers from pollution...

The "Any Credible Evidence" Rules and Compliance Assurance Monitoring:

(Air Pollution) The ACE and CAM rules relate to the monitoring and enforcement of Federal air pollution requirements...

Ozone Non-Attainment and the Problem of Long Range Transport:

(Air Pollution) Air contaminants travels from power plants in the Midwest and cause air pollution problems in the Eastern United States. Fixing the problem will be expensive and is resisted by Midwestern states and electrical utilities...

Legislation Affecting the Solid Waste Industry:

(Solid Waste) The companies that collect and dispose of trash are under attack in Pennsylvania. This article discusses recent efforts by the Pennsylvania Legislature to limit the waste disposal industry...

RCRA Land Ban:

(Hazardous Waste) The RCRA Land Ban is an effort by Congress to phase out all disposal of hazardous wastes in landfills or other land-based disposal...

Newsletters

We prepare monthly e-mail newsletters.

Issue 82, December 2015

Patenting pharmaceuticals
Licensing to major manufacturers
Lights out at PTO
Federal Trade Commission tags Oracle

Issue 81, November 2015

Diary of Anne Frank
Enhanced damages for patent infringement

Issue 80 October 2015

How to win litigation
Protecting recipes
Efficient patent infringement

Issue 79, September 2015

Copyrights and non-humans
Copyright fair use
Patent injunctions

Issue 78, August 2015

Pennslvania Trademark
Personal essay on the female inventor

Issue 77, July 2015

Issue 76 June 2015

Issue 75, May 2015

John Wayne and Duke University
Posting images online
Patent bills in Congress

Issue 74, April 2015

Protecting band names
Trademark Trial and Appeal Board
Google's patent purchase plan

Issue 73, March 2015

Issue 72, February 2015

3d printing the Left Shark
Was Aunt Jemima a real person?
Changes to design patent law.

Issue 71, January 2015

3D printers
Trademark juries
Patent 'public use'

Issue 70, December 2014

Are buildings protected by copyright?
Exporting patent infringement
Common words as trademarks

Issue 69, November 2014

Free speech and copyright
SiriusXM loses
Death of Internet-enabled business method patents

Issue 68, October 2014

Return of Aereo
Copyright of tattoo art
Death of the software patent

Issue 67, September 2014

Issue 66, August 2014

Issue 65, July 2014

Copyrighting a short phrase
Trademarking a personal name
Deadline rush

Issue 64, June 2014

Supreme Court protects cable
Redskins trademark
Supremes are busy
Fear and cyber attacks

Issue 63, May 2014

Expansion of copyright
More expansion of copyrights
Employers: get assignments from employees!

Issue 62, April 2014

Artist rights organizations
Secrecy in trademark applications
Provisional patent applications

Issue 61, March 2014

When is a copyright created?
Internet domain names
Google's Street View

Issue 60, February 2014

Trolls, Shmolls!
Candy Crush saga
Supreme Court's full IP docket.

Issue 59, January 2014

Supreme Court on standing.
Copyright First Sale Doctrine
Deadline rush

Issue 58, December 2013

March 16, 2013-critical deadline for inventors!
Dr. Copyright - Copyright Alert System
Terms of Service Didn't Read
Berne Convention

Issue 57, November 2013

Supreme Court on standing.
Copyright First Sale Doctrine
Deadline rush

Issue 56, October 2013

March 16, 2013-critical deadline for inventors!
Dr. Copyright - Copyright Alert System
Terms of Service Didn't Read
Berne Convention

Issue 55, September 2013

Drug name trademarks
Patents to genetically modified crops
Fair use of trademarks
Exceptions to patentable subject matter

Issue 54, August 2013

Issue 53, July 2013

Supreme Court on standing.
Copyright First Sale Doctrine
Deadline rush

Issue 52, June 2013

March 16, 2013-critical deadline for inventors!
Dr. Copyright - Copyright Alert System
Terms of Service Didn't Read
Berne Convention

Issue 51, May 2013

Drug name trademarks
Patents to genetically modified crops
Fair use of trademarks
Exceptions to patentable subject matter

Issue 50, April 2013

Issue 49, March 2013

Supreme Court on standing.
Copyright First Sale Doctrine
Deadline rush

Issue 48, February 2013

March 16, 2013-critical deadline for inventors!
Dr. Copyright - Copyright Alert System
Terms of Service Didn't Read
Berne Convention

Issue 47, January 2013

Issue 46, December 2012

California Online Privacy Protection Act
Is a copyright notice required?
When will a court issue an order to stop patent infringement?
Unified European Patent

Issue 45, November 2012

Issue 44, October 2012

Patenting the non-obvious problem
Self-incrimination - It's for everybody.
Trade Dress
IP protection around the world.

Issue 43, September 2012

Trade Dress
Copyright for fashion
Third party argument in a patent application

Issue 42, August 2012

Google Patent Search
Immigration is important to American innovation
Is linking copying?

Issue 41, July 2012

Ask Dr. Copyright
Patentable Subject Matter - the issue that will not die
Book Titles as Trademarks

Issue 40, June 2012

Patenting the non-obvious problem
Self-incrimination - It's for everybody.
Trade Dress
IP protection around the world.

Issue 39, May 2012

University copyright on student work
Design patent and trademark law merge
Fair use of MLB broadcasts

Issue 38, April 2012

Issue 37, March 2012

Business resources for entrepreneurs
Copyright troll dealt a blow.
Facebook redefines common words.
Healthcare and innovation.

Issue 36, February 2012

Putting books on the digital shelves
Patent justice is denied.
Facebook not so friendly.
Ipad trademark in dispute.

Issue 35, January 2012

Stopping a Patent
Kodak - definition of a strong trademark
Marx Bros. and trademark law.
Walmart competition for new products

Issue 34, December 2011

Ask Dr. Copyright . . . Protect Your Software, Circuit Boards, and Mask Works
Quick Patent Application Review for Green Technologies
French Fries Sue Crabs
Has Your Privacy Been Breached?...Now You Have a Resource.

Issue 33, November 2011

Ask Dr. Copyright - Peer-to Peer file sharing may be hazardous to your health.
'Best Mode' under the America Invents Act
The 'First Sale' doctrine and why you should not rely on Google as your lawyer
Trademark infringement cases on the rise
The privacy we give up for cell phone convenience.

Issue 32, October 2011

High cost of character costumes
Deceptive trademarks
America Invents Act, Part II - Prior Art

Issue 31, September 2011

Patent reform signed into law
America Invents top ten list
Crucial information for inventors
PTO restarts 'fast track' patent review
Descriptive Trademarks: Apple loses one

Issue 30, August 2011

Copyright Infringement and the Vanishing Corporate Veil
Patent Reform is Broken
When is Computer Software an Unpatentable Mental Process?

Issue 29, July 2011

Treb Lipton
Theft by a departing employee
Protecting intellectual property on Facebook
Supreme Court says employee can assign away employer's invention

Issue 28, June 2011

Fate of a copyright troll
House passes 'America Invents Act'
LWH reclaims domain name
ICANN developments
'Inequitable Conduct' game changer for patent owners

Issue 27, May 2011

Protecting your trademark from XXX
Viacom v YouTube - The saga continues
Who owns your invention?
New opportunities for patent applicants.

Issue 26, April 2011

Branding is effective
Trade secret theft is a crime
Dr. Copyright

Issue 25, March 2011

'America Invents Act' passes Senate, pending in House
Two Trademark Registers
Attorney-Client Privilege
Chocolate Milk, part II

Issue 24, February 2011

Is Coca-Cola's trade secret recipe still a trade secret?
Watson computer vs. Jeopardy champions
What's in a name? - Your name as a trade mark
Patent Reform Legislation forwarded to the full U.S. Senate
Federal Courts' Continued Hostility Toward Complex Patent Issues

Issue 23, January 2011

Patent Infringement 'R' Us
To Hold or Not to Hold - IP holding companies
PTO Green Technologies Program Extended
Patent Reform Redux

Issue 22, December 2010

Issue 21. November 2010

Issue 20. October 2010

Ask Dr. Copyright - duration of a copyright
Famous trademarks
Does a food trademarks protect the recipe?
Patent search tool for FireFox
PTO issues patents, reduces backlog

Issue 19. September 2010

Transfer of software licenses
Keeping it private in the workplace
Gourmet's guide to IP rights
Dangerous patent applications
Unspillable milk and iPhone apps

Issue 18. August 2010

Mailing a work to yourself
End of the Internet monopoly
Protecting trade secrets from employee theft
Patent invention services - buyer beware

Issue 17. July 2010

Jurisdiction in the Internet World
Grammar of Copyrights and Trademarks
Inventor's Eye - PTO publication
Copyright and public performance of a movie

Issue 16. June 2010

Supreme Court Decides Bilski.
Supreme Court sends a message to employees.
Can I donate a copyright?.
PTO considers multiple patent review tracks.
Internships: It's not just another free employee.

Issue 15. May 2010

Can I freely distribute a news article?.
Patent reform Lite.
Registering trademarks for scents, color and sound.
International piracy.
Patent Prosecution Highway

Issue 14. April 2010

Cyberspace is expanding.
Can I sell photos that I take?
Planning for events beyond your control.
Patent reform is not dead.

Issue 13. March 2010

Is an image without a copyright notice free to use?.
Don't go naked when assigning a trademark.
PTO budget proposes more examiners and fees..
Cease and desist letters and trademark rights.

Issue 12. February 2010

Intent-to-use trademark applications and the Internet.
Is plagiarism copyright infringement?.
Proper patent marking.
When is a product 'sold' for patent infringement?

Issue 11. January 2010

Teaching innovation.
Using trademarks where they do not belong.
PTO pilot program for green technologies.
Do patent applications require a separate written description?

Issue 10. December 2009

Bloggers and advertisers cautioned by the FTC on product endorsements.
Global Findability goes for the gold.
What to do when your trademark is registered as a domain name by another person.
Planning to license or sell your patent?

Issue 9. November 2009

Read your software licenses carefully.
PTO pilot program for small entities.
What's in a name-Choosing a domain name can be tricky.
You don't have to wait until your patent issues.

Issue 8. October 2009

Ringtones freed by district court.
Hope for the patent system?
The Mighty Mouse saga
Free patent search resources

Issue 7. September, 2009

Is your patent vulnerable to foreclosure?
Sign, sign, everywhere a sign.
PTO Director Kappos to reform examiner 'count' system
Congress considers copyright protection for fashion designs.

Issue 6. August, 2009

New PTO Administrator sworn in.
Is a download a performance?
Supreme Court to consider what can be patented.
Real trademarks in a virtual world, part II

Issue 5. July, 2009

Is ASCAP crazy?
Michael Jackson Defied Gravity.
Registered Offices are important.
Why not use fake patent numbers?

Issue 4. June, 2009

Facing Trademark Protection on Facebook
Design Patents
Real Trademarks Used in a Virtual World
Developments at the Board of Patent Appeals and Interferences

Issue 3. May, 2009

State trademark registration
Patent reform - First to File vs. First to Invent
Don't forget trade secrets
$9.7 million trade secret judgment

Issue 2. April 2009

iPod to the Queen
Applications and revenue down at the PTO
Trademarks- Use them or lose them
Protecting yourself from infringement on EBay

Issue 1. March 2009

Registering copyrights and trademarks with Homeland Security
Deferred examination of patent applications
Linking may be dangerous to your health.

Pennsylvania Intellectual Property Law Forum

This is the home page of the Pennsylvania Intellectual Property Forum ("PA IP Forum"). The PA IP Forum is an organization of patent lawyers and other attorneys interested in patents, copyrights, trademarks and generally the protection of ideas and inventions...

List of Participants

A list of persons participating in the PA IP Forum.

Advocacy and Lobbying

Change on a grand scale is sweeping through the U.S. patent system. In response to a surge in patent applications over the last fifteen years, the U.S. Patent and Trademark Office (PTO) is desperately trying to improve the quality of issued patents and to reduce the time required to process applications....

21st Century Rulemaking

The 21st Century rulemaking addressed many aspects of patents.

Comments html

Comments of the PA IP Forum to PTO proposed rulemaking in html format.

Comments pdf

Comments of the PA IP Forum to PTO proposed rulemaking in .pdf format.

Compliance with Regulatory Flexibility Act

The Regulatory Flexibility Act requires the PTO to consider the effect of its regulations on small business. The PTO has not met its obligations under the Act.

The Regulatory Flexibility Act

FOIA Response by the PTO

FOIA Response by the PTO

Letter to J. Dudas of March 17, 2004 in pdf

Letter to J. Dudas of March 17, 2004 in html

Letter to Sen. Orrin G. Hatch of March 17, 2004

Memo of conference telephone call with PTO management, March 23, 2004

Letter from B. Knight of March 24, 2004

Response to letter from B. Knight, April 4, 2004 in pdf

Response to letter from B. Knight, April 4, 2004 in html

Submission to House and Senate committees, 4-6-2004

Patent Fee Legislation

In 2004, Congress substantially increased the fees for patenting.

H.R. 1561 (2004)

Written comments to the fee legislation in pdf

Written comments to the fee legislation in html

memo confirming meeting with Senate staff

Millennium Copyright Act anti-circumvention comment

The Copyright Office requested proposals for exemptions from the anti-tampering provisions for copy protection devices.

Comments submitted

Claim Limitation Rulemaking

In 2006, the PTO proposed to substantially change the law of patent claiming.

FOIA request response by PTO, 4-4-2006

Comments to Claim limitation rulemaking, 4-28-2006 in pdf

Comments to Claim limitation rulemaking in html

Tafas v Dudas decision

Continuation limitation rulemaking

In 2006, the PTO proposed to substantially change the way that patent applications are prosecuted and to substantially reduce the rights of patent applicants.

Proposed continuation limitation rulemaking

FOIA request response by PTO, 4-4-2006

Comments to rulemaking in pdf

Comments to rulemaking in html

Tafas v Dudas decision striking down final rulemaking

Subsequent rulemaking requesting comment for Regulatory Flexibility Act compliance