September 21, 2023


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Rudy finally gets his Whale

2 min read
Rudy finally gets his Whale

Christopher Rudy filed his fishing hook patent software back in 1988 with a file-wrapper-continuation in 1989.  At the time he was previously a patent legal professional and so labored his very own situation.  But, the USPTO available some resistance.  The BPAI/PTAB issued a few distinct views on record, and the Federal Circuit also issued a 2020 final decision holding that some of the claims were being directed to the unpatentable summary of “selecting a fishing hook centered on observed h2o problems.”  In re Rudy, 956 F.3d 1379 (Fed. Cir. 2020). Again on remand, Rudy cancelled the offending claims and lastly gained his U.S. Patent No. 11,406,092.  As a pre-GATT patent, the expression should really very last for 17-a long time from issuance.  That helps make a very very good operate heading forward: the patent will difficulty 51 years soon after its original submitting date.  This is the 1st pre-GATT patent issued since 2020.  More than the earlier five a long time, the Business has issued about 25 (none to Gil Hyatt). A quantity of these were being held in abeyance owing to DOD Secrecy Orders. As much as I know, the only a single being litigated is 9,674,560 owned by Personalised Media Communications.

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Rudy’s primary discovery was that fishing-lure variety is not a one particular-dimension-matches-all condition.  He notably noted that factors these types of as water-clarity and light-weight depth at fishing depth will impression lure shade choice.  The patent includes a good table:

The a short while ago issued patent incorporates a variety of apparatus and system promises.  My beloved is No. 16, which statements a surefire process for catching a fish.

16. A method to capture fish, comprising ways of

(1) observing clarity of water to be fished to establish irrespective of whether the h2o is obvious, stained or muddy,

(2) measuring light transmittance at a depth in the water wherever a fishing hook is to be positioned, and then

(3) selecting a color of the fishing hook to be applied by matching the noticed drinking water ailments ((1) and (2)) with a colour [from the table above]

then attaching the selected hook to a fishing line,

then positioning the attached, chosen hook in the depth in the drinking water where fishing is to take area,

and then catching the fish with the attached, selected hook,

wherein the fishing hook utilized is disintegrated from but is or else connectable to a fishing entice or other tackle and has a shaft part, a bend part linked to the shaft part, and a barb or place at the terminus of the bend, and whereby the fishing hook used is created of a ideal substance, which permits transmittance of light-weight therethrough and is colored.

US-11406092-B1.  The nice thing about Rudy’s assert in this article is that you only owe a royalty if you truly catch a fish.

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