2020 Issue

52 D uring World War I, Lieutenant Ernest Tribe of the British Royal Engineers noticed that conventional pipe joints tended to fail at critical times, put- ting his soldiers in danger. To solve these problems, he devised the grooved pipe coupling. When he returned home in 1919, he filed, in the United States, Great Britain, Canada, and other countries, a patent for a “Pipe Joint,” or an early version of the Victaulic coupling, which is the foundation upon which Victaulic was founded. Over the last 100 years, Victaulic has continued to innovate. Indeed, the United States Patent and Trademark Office has issued over 300 patents to Victaulic and its successor companies. Today, many industries around the world use both Victaulic’s initial and new coupling designs, including underground mines, surface mines, shaft sinking opera- tions, heavy civil construction, fire suppressant systems, skyscrapers, schools, and many others. Based at least in part on its patent strategy, Victaulic is a recognized leader in the pipe connection industry. Under- standing patents is critical to understanding the success of innovative companies like Victaulic. Business owners, especially in technologically-intensive fields, should under - stand what can be patented and what should be patented. What Can Be Patented? A patent provides the owner with the legal right to exclude others from selling the invention in the nation filed. Poor patent coverage can result in a competitor encroaching on the intended market of the patent. However, before filing a patent, an inventor should know what inventions qualify for patent protection. The United States Patent Act states that a patent may be granted for “any new and useful process, machine, man- ufacture, or composition of matter.” 35 U.S.C. § 101. This description includes any tangible product, methods to make a product or perform a function, some computer algorithms, and other inventions. A patent application is examined and enforced based on descriptive claims, which describe the metes and bounds of the invention, similar to a mining claim that prevents others from mining inside the staked area. However, much like a bad survey can lead to a mining claim that misses a large portion of an ore deposit, Protecting Innovation Through Patents Thomas Lingard, J.D.