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Third Press Release
Novelist, Patent Agent Is
the First in History to Seek U.S. Patent Protection on a Published
Novel; Patent Office Issues Final Rejection in Storyline Patent
Cases
Andrew Knight has submitted an
application to the U.S. Patent and Trademark Office seeking patent
protection on a fictional storyline contained in his novel. The
Patent Office has rejected Knight’s original storyline patent
cases, requiring Knight to appeal or abandon them.
Tampa, Florida, Sept. 22, 2008 –
Andrew Knight, a novelist, Registered Patent Agent, and named
inventor on fourteen U.S. patents, published the world’s first
patent-pending novel, dubbed The Mobius Strip, a book that
Knight claims contains an intricate plot that may be patentable
under current U.S. patent law. The novel is protected under
copyright law but Knight asserts that without patent protection,
the underlying storyline may be copied freely by anyone.
Knight, a graduate of MIT and
Georgetown Law, was in 2003 the first person to apply for utility
patent protection on a fictional storyline. He argued in an
article published in IDEA: The Intellectual Property Law Review
that fictional plots, whether implemented in novels, television
programs, or movies, are patentable subject matter under existing
patent law. In late 2005, the U.S. Patent and Trademark Office
published these test applications, each entitled “Process of
Relaying a Story Having a Unique Plot.” Last month, the Patent
Office issued final rejections in all four cases, requiring Knight
to either abandon his applications or else appeal them to the
Board of Patent Appeals and Interferences (BPAI).
Debates rage among patent attorneys
as to whether any of Knight’s storylines could be protected by a
U.S. patent. Before a patent will issue, the invention must first
be deemed the kind of subject matter Congress intended to protect.
“The case law of the Court of Appeals for the Federal Circuit has
established that virtually any subject matter is potentially
patentable,” explained Jay Thomas, Professor of Law at Georgetown
University.
However, even if the Federal Circuit
eventually validates storyline patents, all patent applications
are subject to the rigors of “novelty” and “nonobviousness,” which
address whether an invention is identical or impermissibly similar
to previous inventions. “Non-obviousness probably presents the
biggest challenge to patentability,” said Charles Berman, Co-Chair
of the Patent Prosecution Practice at Greenberg Traurig LLP.
“Given that so many different storylines can be created out of
minor variations on a theme, it seems that very few storylines
would be so different that they would satisfy this requirement.”
Others
assert that whether or not storylines are found to be patentable,
there is a need among authors for robust intellectual property
protection of fictional storylines. Leon Arden is the author of
One Fine Day, a novel detailing the strange experiences of
a man who relives the same day over and over. In 1995, he sued
Columbia Pictures for copyright infringement, asserting that the
writers of Groundhog Day plagiarized the plot, but the suit
was tossed out by a U.S. District Judge on the basis that
storylines are not copyrightable. According to Arden, storyline
theft “can gut a writer, stealing from him the rewards of his best
work, even derailing his career.”
The Mobius Strip, which is
being published under Knight’s own imprint, Knight Publications,
tells the story of a man caught up in a world of incessant
productivity and consumption. Perpetually seeking the approval of
others through possessions, status, and achievements, he finally
comes to realize that lasting contentment only accompanies
self-respect and self-satisfaction. “If a man isn’t happy with
who he is or what he has, he won’t be happy with more,” Knight
stated of his novel’s theme.
When asked to elaborate on the plot
elements that he considers potentially patentable, Knight
responded, “First, there’s the use of a Mobius strip – a twisted
band having only one side – to relay the story’s central
philosophy. Second, there’s the protagonist’s unusual
conversation with God at the climax.” Whether an “unusual
conversation with God” or the use of a twisted band to spout a
life philosophy could be deemed nonobvious will be up to the
Patent Office.
As for the existing four storyline
patent test cases, Knight states that he intends to appeal the
Patent Office’s recent decisions. “Final rejection is standard
protocol in test cases that push the boundaries of patent law,”
Knight said. “I fully expected it. The issue will ultimately be
decided by the Federal Circuit or, possibly, the U.S. Supreme
Court.”
For an information packet, including
a copy of The Mobius Strip, contact Andrew Knight or visit
www.PlotPatents.com.
Contact:
Andrew Knight, J.D.
Knight and Associates
609-672-4166
http://www.PlotPatents.com
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