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Golf Inventions, Patents, and Technology via The IP Golf Guy (aka The Golf Patent Attorney)
Setting Up An Intellectual Property Protection System for Your Golf Company
I deal with a lot of businesses, including many small businesses and golf businesses. This gives me an opportunity to observe many amazing things. For instance, most companies have a written procedure regarding who may approve Purchase Order over a specific dollar amount. Further, almost all employees know who within any given organization is authorized to sign contracts. BUT, I estimate that over 50% of companies to not have a formal process regarding the creation, protection, and enforcement of intellectual property, whether it’s patents, trademarks, copyrights, trade secrets, customers lists, marketing strategies, etc… This is particularly true in companies that ...<< MORE >>
PING G5i Putter Again… This Time The Design Patents
OK, by now you must think that I am getting kick backs from PING. Actually, nothing could be further from the truth, as I do not even know anyone that works at Karsten. Plus, an Odyssey putter calls my bag home. The PING G5i putter just keeps coming up as a good example to illustrate various aspects of IP protection. In the past I have posted comments on a Karsten published application directed to the G5i face insert and a Karsten published application directed to the G5i alignment system and geometry, which it turns out ...<< MORE >>
Published App of the Week: PING G5i Putter Follow-Up (Visual Alignment Aid)
Approximately one month ago I posted an article regarding Karsten’s patent application, US Pub. No. 2007/0026964, titled “Golf Club Head with Dual Durometer Face Insert,” and the association with the PING G5i putter. Well, this week another application published that is also directed to the PING G5i putter. Today the application published as US Pub. No. 20070049395, titled “Golf Putter Head With A Visual Alignment Aid And An Increased Moment Of Inertia.” Click here and select “Craz-E B cavity” from the pull-down menu to see a product photo that is strikingly ...<< MORE >>
Are You Using the US Customs & Border Protection to Protect Your Golf Industry Intellectual Property?
Let’s face it, counterfeiting costs golf equipment manufacturers millions, if not billions, of dollars each year. Additionally, establishing a program to monitor and police counterfeit goods can be very expensive. Fortunately, there are several low cost steps that you can take to protect your intellectual property via the U.S. Customs and Border Protection (CBP). In fact, by recording IP with the CBP, U.S. trademark and copyright holders can make the government a partner in their efforts to protect valuable IP. In today’s global economy it is becoming increasingly more important ...<< MORE >>
Record Year for PCT (International) Patent Application Filings – A Closer Look at the Golf Industry
The World Intellectual Property Organization (WIPO) recently announced that a record 145,300 PCT applications were filed in 2006. The United States led the way with just under 50,000 PCT applications filed, representing 34% of all PCT filings. Japanese applicants ranked second with 18.5% of the total applications, while Germany, the Republic of Korea and France rounded out the top five. My informal research of the golf industry shows the following number of PCT applications published in 2006 for the golf giants: 1) Callaway Golf – 142 2) Acushnet – 103 3) ...<< MORE >>
Golf Club Design Patents – Innovative Use for Score Line Designs
Continuing my series on “Innovative Uses of Golf Club Design Patents,” today we look at score lines (aka the decorative lines on the face of a driver that mimic grooves). Most people (even many patent attorneys) would never think of applying for design patent protection on the configuration of the score lines on the face of a driver. My research indicates that Karsten Manufacturing (aka PING) invented the strategy of protecting score patterns. The most recent design patent directed to score lines issued to Callaway Golf on January 9th as USPN D534,977 titled “Scoreline Pattern for a Golf Club Head.” A figure from the patent is reproduced below...
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Golf Club Design Patents – Innovative Use for Sole Design
Regular readers of this blog know that I believe design patents are underutilized in the golf industry, which is not to say that I don’t still believe that utility patents are king (as that is where the real IP “teeth” are). But design patents definitely have their place in an IP portfolio. Therefore, I like to highlight innovative uses of design patents in the golf industry... << MORE >>
IP Grab of the Week: PING’s Putter with Shaft Terminating at Club Head Center of Gravity
The “IP Grab of the Week” award goes to Karsten Manufacturing (makers of PING golf equipment). This week Karsten’s application titled “Center-of-Gravity Shafted Golf Putter and Method of Making Same” published as US Pub. No. US2007/0042831. The application is short and easy to read. To summarize: Karsten seeks to obtain patent protection on putters configured such that the shaft terminates at the CG of the putter head. This application was selected as the “IP Grab of the Week” because it makes a bold aggressive grab attempting to obtain broad patent rights. ...<< MORE >>
Test Your Knowledge of Golf Putter Designs
“Test Your Knowledge” is becoming a recurring feature of Golf-Patents.com. In the last installment your knowledge of iron club head design was tested. Now let’s see how good are you at identifying a particular brand of golf putter when all the logos and trademarks are stripped off the putter? The figures below comes from a US design patent that issued this week to a major producer of clubs. Can you identify the brand of putter? You can click here for the answer, and click here ...<< MORE >>
Fascinating IP of the Week – One for the Tree Huggers
Today a patent application titled “Method for Making a Golf Tee” caught my eye. The application published as US Pub. No. 2007/0042840 and is directed to a more environmentally friendly way of making golf tees. In other words, a process of making tees that does not waste as much wood as traditional methods. There is no doubt that it is a good idea, but only time will tell if it rises to the level of a patentable invention. Check it out. PS – tree huggers please don’t be offended, as I am one (especially after one ...<< MORE >>
Test Your Knowledge of Golf Club Designs
Readers of this blog probably fancy themselves as knowing a little something about golf clubs, so this test should be a piece of cake. How good are you at identifying a particular brand of golf club when all the logos and trademarks are stripped off the club? The figure below comes from a US design patent that issued this week to a major producer of clubs. Can you identify the brand of clubs?...<< MORE >>
Golf Bag Patents – Why Aren’t Manufacturers Taking IP Seriously
Golf equipment manufacturers have been seeking patent protection on virtually every product variation imaginable in the past decade. Therefore when I decided to do some research on golf bag patents (both utility and design) I expected to find hundreds of patents and published applications. Surprisingly, there are very few utility or design patents directed to golf bags. This is in stark contrast to clubs, balls, shoes, and even head covers! Sooner or later one of the bag manufacturers is going to take an aggressive patent strategy and dominate the market. I look forward to seeing who it is. ...<< MORE >>
What a Week for Callaway Golf – 2 in a Playoff, 2 Golf Ball Patents, 1 Golf Club Patent
Callaway Golf has had a good week... their players dominate the field on Sunday and they are awarded 2 golf ball patents and 1 golf club patent on Tuesday. Callaway was issued USPN 7,179,175 titled “Golf Club Having Stepped Grooves.” The ‘175 patent is definitely worth reading… it is short and it illustrates that broad patents issue to inventors that come up with inventions that are the first in their field. The figure below illustrates the “stepped groove” concept...<< MORE >>
Interesting Golf Accessory Patent - Golf Bag Hydration Device
Every now and then an interesting golf accessory invention is patented. This week USPN 7,175,059 titled “Hydration Device / Golf Bag Carrying Harness Combination” issued. As a golfer that walks a lot of rounds on hot humid Ohio summer days, I can appreciate the market for this product and hope to see it in the golf shops soon. The ‘059 patent does not appear to be ...<< MORE >>
President's Day Story of Perseverance
My friend Jim Blasingame (a.k.a. The Small Business Advocate®) does more for small business than anyone I know. Jim is an accomplished radio show host, author, and golfer. The reason I tell you this is because his weekly newsletter included a great story on perseverance that I have reproduced below.
UNTIL NEXT TIME: Last week we celebrated the birth of the 16th president of the United States, Abraham Lincoln. This week, in the U.S., we celebrate Presidents Day, where we recognize the contributions of our nation's top elected leaders. As ...<< MORE >>
Published App of the Week: Iron Set with Material Milled from Top
OK, “Iron Set with Material Milled from Top” isn’t really the title of the published application of the week, but a quick review of the figures from this application will explain my title. Actually, US Pub. No. 2007/0032308 is titled “Set of Golf Clubs.” The application is directed to a set of clubs wherein each iron has at least one recess in the upper wall and the volume and location of the recess varies from one club to another so that the position of the center of gravity of each head varies. The figures below tell the rest of the ...<< MORE >>
Shameless Press Release Welcoming New IP Attorney to My Firm
I am pleased to announce that Donald O. Nickey has joined my firm and brings a wealth of experience with him. Don is the former Assistant General Counsel for Intellectual Property at Cardinal Health. Additionally, he has also served as patent counsel for The Goodyear Tire and Rubber Company, Abbott Laboratories, and as a partner in the private practice of intellectual property law. During over thirty years of practice, Don has been directly involved in the prosecution of more than 300 United States patents, as well as patents in virtually every country. Representative technologies include ...<< MORE >>
Bust Your Competitors’ Patents
Hopefully the title got your attention. Companies often complain about the scope of protection that one of their competitor’s patents affords the competitor. Sometimes the complaints have merit, other times… not so much. Let’s face it; the golf industry is a competitive industry. The industry veterans have every club and/or ball produced in the past 20, 30, 40, … years memorized. Guess what… the patent examiners at the USPTO do not. In fact, many of the patent examiners reviewing golf product related patent applications are not even golfers (if you can imagine that)! Additionally, patent ...<< MORE >>
Fascinating IP of the Week
Today application serial number 11/498644 published as US Pub. No. US2007/0037635. As soon as I saw it I knew that it should be shared with the world. In fact, I had to create an entirely new category titled “Fascinated IP of the Week” just to find an appropriate home for this post (frankly, because I didn’t know if I was looking at the next great golf technology or something ridiculous – although I have a hunch). Check out this innovation below.<< MORE >>
IP Grab of the Week: Low Center of Gravity Club Head
Congratulations are in order; the "IP Grab of the Week" award goes to Nelson Precision Casting (again). NPC's US patent application titled "Golf Club Head With Lower Center of Gravity," US Pub. No. US2007/0026965 published on February 1st. The ‘965 application is directed to a lightweight metal matrix ball striking surface that reduces the forward weight of the club head thereby allowing more weight to be placed toward the rear of the head. Paragraph 37 of the application provides a good explanation of the purpose of the invention: [0037] After assembly, ...<< MORE >>
Valentine’s Day Special: Heart Shaped Golf Ball Dimples
Hopeless romantics (as all golfers are) may enjoy reading Bridgestone’s patent USPN 7,018,308. The ‘308 patent discloses and claims heart shaped dimples.<< MORE >>
Patent of the Week: Variable Thickness Putter Face Insert
This week’s Patent of the Week goes to SRI Sports (owners of the Srixon and Dunlop brands). SRI Sports was issued U.S. Patent No. 7,175,540 simply titled "Golf Putter" on February 13, 2007 (selected figures from which appear below). Regular readers of this blog will recognize that there has definitely been a recent increase in patents directed to varying the characteristics of the striking face of clubs. This patent is directed to a variable thickness elastic face insert for a putter. The face insert is made of an elastic material, such as a resin, that increases ...<< MORE >>
Continuing Patent Applications - What Are They & When Are They Appropriate: A Real Life Example from PING
The term "continuing application" is a common term in intellectual property, yet it is often misunderstood and incorrectly applied. This is primarily due to the number of changes in the rules governing continuation practice that have occurred in the past decade (and more changes pending). Most patent applications are filed as "original" applications. In other words, they establish their own filing date and do not have an effective filing date based upon another previously filed application. If an "original" application is then used to establish an effective filing date of a later filed application, it becomes ...<< MORE >>
Trademark Infringement / Trademark Litigation: What Is It and How Does It Work?
Trademarks are words or symbols that serve as names under which products are sold. Service marks are words or symbols under which services are provided. Other than this difference, the law on trademarks and service marks is very similar, and we mean to include both when we talk about trademarks below. What is Trademark Infringement? A trademark gives its holder the right to prevent another party from offering similar goods or services under a mark, or under a mark that ...<< MORE >>
USPTO Announces Patent Allowance Rate
Recently the U.S. Patent and Trademark Office announced its final numbers for fiscal year 2006. One interesting statistic was the patent allowance rate. The patent allowance rate is the percentage of applications reviewed by patent examiners that are approved to issue as a patent. For fiscal year 2006, the allowance rate was 54%, the lowest rate on record. The rate was much lower than many had previously estimated. Some had estimated an allowance rate as high as 90%, while others estimated a rate around 70%. This allowance rate may be an indication that the USPTO is toughening its examination of ...<< MORE >>
Patent Infringement / Patent Litigation: What Is It and How Does It Work?
As a patent attorney I have come to appreciate that not many people really understand the technical details of the patent litigation process. Hopefully this post helps. Also, please keep in mind that this post relates to utility patents NOT design patents (which may be the subject of a later post). Enjoy. Patents give their owners both offensive and defensive rights. Offensive rights include the ability to stop others from making, using, or selling the patented ...<< MORE >>
USPTO Statistics from the 2006 Fiscal Year
The close of another fiscal year at the USPTO brings forth some interesting statistics. For instance, the number of new patent applications filed in FY 2006 rose to 443,652, up over 8% from the 409,532 applications filed in FY 2005. Additionally, despite the USPTO hiring over 1200 new patent examiners, the number of pending patent applications increased over 13% in the past year to 1,003,884. According to the statistics, an applicant, on average, will not receive a first office action until nearly two years after their application is filed. Furthermore, the average total pendency of ...<< MORE >>
Is FootJoy the only Golf Shoe Brand that Values Intellectual Property?
The 30 most recently issued design patents directed to golf shoes (non-cleat related) have issued to Acushnet (aka FootJoy). In fact, a golf shoe related design patent hasn’t issued to anyone other than Acushnet since October 2001. The most recent Acushnet golf shoe design patent is D533,706, a figure from which is reproduced below. Surprisingly very few utility patents have recently issued on golf shoe related inventions. In ...<< MORE >>
Published App of the Week: PING G5i Putter (Dual-Durometer Insert)
Golf fanatics will recognize Karsten’s patent application, US Pub. No. 2007/0026964, titled "Golf Club Head with Dual Durometer Face Insert" as being directed to the PING G5i putter. After reading this application and the prior art cited in the file wrapper’s IDS, I am convinced that Karsten performed a comprehensive "freedom to operate" search during development of...<< MORE >>
IP Grab of the Week: Improved Club Sole for Enhanced Elastic Deformation
This week’s “IP Grab of the Week” award goes to Nelson Precision Casting’s US patent application titled “Golf Club Head,” US Pub. No. US2007/0026961. The invention is directed to a “recessed deformation portion” of the sole that has a variable material thickness to promote elastic deformation. The disclosed “recessed deformation portion” may be incorporated into woods, irons, and utility clubs...<< MORE >>
Patent of the Week: Watch Out if You Are Varying Striking Surface Hardness
U.S. Patent No. 7,169,057 titled “Hollow and Metal Iron Golf Club Heads” issued this week to MacGregor Golf.All club manufacturers should give the ‘057 patent a close read, especially those considering introducing a set of clubs having a harder striking face on long irons than on short irons (claim 15) OR having striking faces ...<< MORE >>
10 Intellectual Property Goals for the New Year
'Tis the season of New Year resolutions. As we all know, New Year resolutions are rarely successfully carried out past March or April. Therefore, successful companies have New Year goals, not resolutions. Such goals are infinitely more likely to be successfully implemented if they are written down in a specific quantifiable fashion. If you have specific quantifiable goals directed toward intellectual property (IP) then congratulations, you are in the minority. We have identified 10 New Year goals relating to intellectual property that each and every company should consider annually, regardless of size or industry. ...<< MORE >>
The Golf Industry Needs More Comparative Advertising
Comparative advertising… what is that? Well, you are exposed to comparative advertising hundreds of times each day. You are influenced by it, perhaps without even noticing the influence. Some examples include... And the examples could go on and on. Therefore, surely there must be hundreds of examples of comparative advertising in the golf industry. Wrong! After flipping through my piles of ...<< MORE >>
Golfers and Their Trademarks
Becoming a golf superstar comes with its fair share of responsibilities, including building and protecting your personal brand. Let’s take a look at what a few of the leaders are doing. Tiger Woods, more specifically his ETW Corp, have 19 registered trademarks and 11 applications. Perhaps the most famous of Tiger’s marks (the T over W design mark) being Registration Number 3127218. Next, a simple search of Greg Norman’s Great White Shark Enterprises reveals 39 records. The most interesting of Greg’s applications is the Greg Norman Signature ...<< MORE >>
Your Famous Golf Industry Trademark May No Longer Be Entitled to Dilution Claims
The Trademark Dilution Revision Act (TDRA) of 2006 was recently passed and signed into law by President Bush. The TDRA changes many things, not the least of which is to overturn a Supreme Court trademark ruling. Perhaps the most important change to those in the golf industry is how a trademark is determined to be "famous." The law defining what makes a mark “famous” was never clear, and the TDRA, in addition to providing that courts may consider "all relevant factors," now provides four suggested considerations in making a determination of "fame." These are 1) the ...<< MORE >>
Patent Infringement Opinions of Patent Counsel and Waiver of Privilege
A colleague of mine recently wrote an excellent article on willful patent infringement and the effects of patent counsel opinions, as well as potential waiver of privilege issues. Recently many in-house counsel changed their patent infringement opinion practices in light of the "no adverse inference" decision in Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmbH v. Dana Corp. In fact, some commentators have suggested that the Knorr-Bremse decision would result in fewer accused infringers seeking an opinion of counsel to defend against a charge of willful infringement. However, recent decisions show that a competent and timely sought opinion of ...<< MORE >>
USGA Non-Conforming Driver List Manufacturers - We Salute You
Manufacturers that find themselves listed on the USGA Non-conforming Drivers List should be proud of this accomplishment. After all, manufacturers don’t make the List by designing boring "status quo" clubs. It is the manufacturers that push the envelope who end up on the List...<< MORE >>
Design Patents Underutilized for Protecting Club Head Design
Design patents are often viewed as the ugly cousin of utility patents. Many people only consider applying for a design patent if a utility patent is unlikely. Such old school beliefs are a mistake. Design patents can be extremely valuable in protecting unique club heads. Interestingly, some equipment manufacturers embrace this belief, while others seem to be in denial. Further, others seem to only file for design patent protection on wood club heads, not irons...<< MORE >>
Don’t Overlook Intellectual Property Insurance
The risk of intellectual property litigation in the golf industry is as high, or higher, than the risk in the “generic” average business. Further, face it … intellectual property litigation is expensive. In fact, the American Intellectual Property Law Association indicates that the average cost to litigate a patent infringement suit is in excess of $1 million! That considered, how many of golf industry product producers have intellectual property insurance? Very few (I suspect). Yet, these same producers would laugh at a person that would dare suggest that the producer doesn’t need insurance on their building, ...<< MORE >>
IP Grab of the Week - Manufacturing Method for a Composite Striking Plate of a Golf Club Head
This week’s “IP Grab of the Week” award goes to Nelson Precision Casting’s U.S. patent application titled “Manufacturing Method for a Composite Striking Plate of a Golf Club Head,” US Pub. No. US2007/0017084. The application indicates that there are many drawbacks of associated with joining striking plates to club heads using conventional explosion welding...<< MORE >>
Keeping an Eye on the Competition
If you want to stay on top of what is happening in the golf industry then you simply must sign up for the free daily newsletter The Wire published by the Golf Press Association. It is outstanding.<< MORE >>
It Pays to Know the Rules - Molded Grips and the USGA
How valuable is a patent on a golf product that does not conform to the USGA Rules? Perhaps as valuable as the recycling value of the paper that it is printed on? Don’t tell that to Mr. Cooper of Tulsa; inventor of the Shock-Dampening Golf Club Grip (published this week as U.S. Pub. No. 2007/0021232). The independent claim of the application reads: ...<< MORE >>
Published App of the Week – Optix Golf Company’s Mirrored Putter
How many times have you heard “keep you eye on the ball?” The designers at Optix Golf Company have invented a putter intended to help golfers be more aware of their head position during putting. The Optix Golf patent application published this week and is pretty interesting (although I must admit that I am not completely sold that it would improve my putting). The Abstract describes the invention as: ...<< MORE >>
Does Your IP Law Firm Require Associates to Bill 2000 Hours? If So, Watch Out!
Joseph Hosteny… have you heard of him? Mr. Hosteny regularly publishes articles in the Litigator’s Corner section of Intellectual Property Today magazine. I am a fan of Mr. Hosteny because his articles go right to the point and do not mince words, which has probably made him the enemy of many IP lawyers. In the December 2006 issue Mr. Hosteny published an article titled Mega-Firms: The Mega-Headache. It would be a disservice to my readers if I tried to summarize the 2 page article, therefore let me just say that it ...<< MORE >>
The Sweet Sound of a Ball Dropping in the Cup OR The Smell of a Freshly Cut Green, Protect Those Non-traditional Trademarks!
The sweet sound of a swing, a club striking a ball, the ball landing on a green, and eventually the ball dropping into the cup. Sounds so distinctive that they often conjure up great memories for the avid golfer. Perhaps that perfect 4-iron that rolled one in from 200 yards, or that 9-iron to the island green. Guess what, these sounds are also so distinctive that manufacturers want consumers to associate their goods with the sounds. Thus, we look at an often overlooked aspect of federal trademark protection; namely the protection of sounds and smells. ...<< MORE >>
IP Grab of the Week – What is this Category
The “IP Grab of the Week” category highlights interesting attempts to own broad intellectual property rights in golf related technology. A category post will typically highlight a recently published patent application attempting to secure ownership of unique and interesting golf related intellectual property. In some cases it will apparent that the applicant is asking way more than they will ever receive in an issued patent (i.e. ridiculously broad claims), whereas in other cases the post will highlight a proposed claim that would shake the industry if it issued. Therefore, some posts will result in ...<< MORE >>
IP Grab of the Week: Method of Designing Golf Club and Golf Club Head
This week’s “IP Grab of the Week” award goes to SRI Sports’ US patent application titled “Method of Designing Golf Club and Golf Club Head,” US Pub. No. US2007/0015601. The application appears to “grab” at the club head design optimization process. More specifically, the application “grabs” at the process of computationally determining a preferred location of a central reinforcing rib and a plurality of belt-shaped reinforcing ribs based upon Mises stresses. << MORE >>
Published Apps of the Week – A Big Week for Bridgestone Ball Applications
Bridgestone Sports had four golf ball related patent applications publish this week (January 18, 2007). US Pub. No. US2007/0015602 is very interesting (although few men would admit to making golf ball purchasing decisions based upon a distinctive “stylish” appearance). Check out claim 1: 1. A golf ball comprising a solid core of at least one layer and a cover of at least one layer, which golf ball is characterized in that the solid core or an inner cover layer adjacent to an outer cover layer has a color difference ∆E with ...<< MORE >>
Calling All Golf Product Inventors
The Golf Channel is looking for the "next big thing in golf." It sounds like a golf spin-off of the American Inventor TV show. You can learn more about the competition here. Please review the FAQ's regarding patents before you enter the competition. Kudos Golf Channel! ...<< MORE >>
Best Golf Course Logos / Trademarks
The January 2007 edition of Golf Digest® magazine has a nice two page spread (pages 54-55) on the best and worst golf course logos. Few golfers would disagree that the Augusta National logo is the most well known golf course trademark. After all, most golfers associate a variation of it with the Masters Golf Tournament. Personally, I would have placed the Winged Foot logo in the worst logo list rather than the best logo category. My favorite logo award goes to Sand Hills in Mullen ...<< MORE >>
