2006/Images/back.gif PEOPLE110 - / Charles Portz - SMART90.com/people/charlesportz.htm
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2006/ImagesPersonOfTheWeek/00coverofpow108w.jpg• 00.Charles Portz
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Charles Portz, Esq. - "When A THOUGHT becomes patentable invention . . . then what?

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Charles Portz
When does a great THOUGHT becomeS a patentable invention? Should a Patent be tangible or a formula?
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/Imagespeople/PortzWitelLogo300w.jpg01h Feature Story / Charles Portz is not only a law professor at Texas Southern University (TSU), but the producer of the syndication TV-series "Real Law - It could Happen to You."
Presently I represent the infringements of service marks brought on by the Nathan Stubblefield Wireless Telephone®™© organization against several major TeleCom companies.
In NBS WiTEL ®™©'s quest to collect the Billions of dollars now due and payable, Mr. Portz will publish his answers on this web page with Yes90 smartLinks.
The image links will help readers resolve the 100-year-old Radio-TV, NBS WiTEL ®™© vs AT&T, controversy. MORE about the Kingsbury Commitment, and the growth of landline copper-wires, and the phone-booth CONTINUED When University students ask him what he does for pleasure, the prominent Texas attorney's standard answer is, 'ask my partner Chuck, he has all the answers.' His Houston-based law practice Portz & Portz usually focuses on the aspects of law that would fit into his "Real Law - It could Happen to You," format.
My top priority today is on key words, "SUPPRESSION of ®™© PRODUCT," "SEIZURE of ®™©," and "THEFT of SERVICES." When personal property rights established by regulatory legislation is purposely violated by those same regulatory bodies, "that's an act of abomination."

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ople/PortzWitelLogo108w.jpg(Continued) -Charles H. Portz When does a great THOUGHT become a patentable invention? Should a Patent be tangible or a formula?
••• That was a question easier to answer when Thomas Edison came up with the lightbulb and Nathan B. Stubblefield handed the world the mobile Wireless Telephone®™©. Those two hard-end products clearly fit with old ideas of what it meant to invent something physical under the USPTO laws between the years of 1878, and 1905. In those years copyrights, trademarks came first, then patents. When once Registered, they were filed with the international bureau in Berne Switzerland.
Q. Can pharmaceutical formulas, and software media productions meet today's U.S. Supreme Court requirements that patents may be given only for new and/and or improved mechanical innovations?

•••Before the EFFECTS of a formula patent tied into somebody elses patented stethoscope or computor, came along to be granted patent, the "new, useful and not obvious idea, came into being." Now it's going back to the old days stating that a patent must be tied to a particular machine or apparatus, or must transform a particular article into a different state or thing," says Charles Portz.
•••Some patents seekers are say that patent rule'ss are all outdated, i.e. like the two men who devised some software that predicts moves in commodities by weather man reports. They want the Supreme Court to rewrite a requirement that patents may be given only for mechanical innovations, writes LA Times, about the Bilski vs USA, (February 24, 2009).
•••At least four subsequent patent denials based on the Bilski precedent led attorney Michael Jakes, acting on behalf of Bilski, Warsaw and other inventors, to petition the high court, which hasn't updated its definition of what can be patented for 28 years.
•••"There are companies out there that have been getting process patents and right now they don't know if that has value anymore," Jakes said.
•••Neither the patent appeals board nor the federal court ruled that business methods can't be patented, but patent attorneys fear that will be the end result as few would pass the revised test.
•••"This is one of those rare times in over 200 years of the U.S. patent system that the courts have taken a very constricted view of what is patentable," said Wayne Sobon, founder of the NewEconomyPatents.org website and director of intellectual property for Accenture, a global management consulting, technology services and outsourcing firm. "A lot of observers, including our company, view that as an undermining of the incentive the patent system was created to provide."

2006/Imagespeople/%23AT%26TisAT%26TbackwithNBS108w.jpgPart 02h Q. Should either the pharmaceutical formula and/or software media productions be granted Copyright and Trademarks first, then a patent? See Above - the Edison - Stubblefield, examples? Land-line electricity and wireless WiTEL®™© electricity became the light bulb and iPhone.
•••A. Yes. Today's U.S. Supreme Court requirements that patents may be given only for mechanical innovations, that have been registered and allowed Copyright and Trademarks first, should be the rules of law.
•••The biggest problem with the Bilski decision, said Stanford University law professor Mark A. Lemley, is that it has thrown into question all innovations that involve more mental than physical activity, not just those on business methods. "That could jeopardize the effects and elements of existing patents on medicines, procedures and scientific software data evaluations, as well as future service marks devised from patents," says Portz.

WiTELglobal.com - Gobal WTQCA Auction sales for the licensing of the NBS WiTEL®™© servicemarks

NBSdemandsPayment108w.jpg The "NBS WiTEL®™©" Business Model NBS WiTEL®™©
NBS WiTEL DEMANDS For Payment from TelCos for Copyright infringment
•••  The Wireless Telephone®™© Organization, like AT&T, Verizon, T-Mobile and Sprint, all have business models. The Wireless Telephone®™© still touts the one established in 1902," by inventor, Nathan B. Stubblefield, its founder.
••• Before Troy Cory-Stubblefield took over the Wireless Telephone®™ business over 35 years ago, the Wireless Telephone®™© was referred to as radio, computers were things delivered by forklift, and the analog effects of WiTEL, WiFi187 radio and TV broadcasts were free to listen to and watch.

/ImagesNBS100/GrandpaNat01School300w.jpg••• What makes the NBS Wireless Telephone®™© very unique today is that Troy, the biological grandson of the founder, still maintains the company. It was his Grandpa Nat, who not only first invented the term "Wireless Telephone," -- but he registered and published the copyright, and servicemark ®™© in 1907, one year before being granted patent - 1908. (See USPTO drawing) Click from More about - Grandpa Nat,
NBSPatent02AutoDraw108w.jpg•• Troy ofttimes uses "NBS WiTEL®™©" to fully describe both the effects of WiTEL, WiFi and WiMAX 187, and the hand held WiTEL mobile unit itself.
••• Whenever he discusses the ways to facilitate the methods for his company to collect WiTEL's copyright royalties from the four TeleCos, he advises all interested parties to focus on the www.patent887.com drawings.
••• "As they say . . .," says Troy -- "a picture is worth a thousand words. The WiMAX WiFi187 towers, the vehicle, and the copper wire connections, . . . are all IDd with numbers to pinpoint the WiTEL sender, and receiving mobile vehicle. The only thing missing is the satellite, with a Fig #."
••• For the Four Major Telco firms to settle the monies now all due and payable to NBS WiTEL®™©, for the use of WiTEL phone number assets, "it could be done fairly easy," says Gary Gysel of Pacific Sunrise. The royalty payment could be as simple as changing the name from NBS Wireless Telephone®™© to Verizon WiTEL®™© ' VoIP," or "it could take as long as it took Mattel to settle their copyright infringement action in the Barbie Doll vs Bratz Doll case." CLICK FOR MORE VERIZON VOIP STORY.
••• "It is almost like a flying arrow just shot from the bow of Cupid. No one wants to catch it before they know what the ring will cost them. Will it be a FREEBE, or will their be a $$ charge? In our NBS Copyright infringement claims, we . . . as well as our targets know who they are, and we have only two choices.
PatenTOfficeLogo108w.jpg••• Do you extend the time before the $Billion Dollar Invoice hits the WiTEL user, AT&T, Verizon, T-Mobile, and Sprint? Or do you design "WTQCA-09?" I think it's only logical to settle the WiTEL®™© infringements with our "share the program" we have laid out within the defines of WTQCA-09. CLICK FOR MORE STORY
••• The WiTEL Quality Control Authority is the NBS watch dog eyeballing the Who's Who in the creation of phone numbers, and for the analog to digital seizure for coupons exchange, that will take place in February - 2009. The organization needs to be turned into a $Billion asset, controlled by a non-profit organization, like ICANN - (Internet Corporation for Assigned Names and Numbers) / - http://www.icann.org/ WTQCA-09
••• Troy says, "what we have done since our first contact with the FCC in 2006, is stay calm. This has been our NBS WiTEL®™© greatest contribution -- not being impulsive, no law suits, not changing the rules willy-nilly, but going through a very professional and orderly process that takes into account unintended consequences.
••• That's our moon-shot: not to find another model but to save the one we've got . . . the one based on the asset legacy of NBS WiTEL®™© - 1902, in exchange for theirs.

/Imagespeople/%23NBSvsFCCportz108w.jpgPart 03h Lawsuits.
• Q. "What does it mean to be tied to a machine?"

A. Again, take the Edison and Nathan Stubblefield, example, they both took the effects and elements of electricity and made physical goods, products, and service created the ®™© first from the EMF, then patented the light bulb and Wireless Telephone ®™©. All 3 service marks have survived the march of time.

ImagesNBS100/WhatsWiTELinduction108w.jpg••• What's NBS WiTEL®™© RF Induction Radio? "Checking out the goods, products, and services related attached to my grandfather's WiTEL®™© inventions at the annual CES show in Las Vegas, has been my pet project since 1992," says Troy.
••• The PowerMat and Row22 were just two items I found the most interesting. The PowerMat was a take off on his "All Green Earth Battery" (a non - fossil fuel technology) patented in 1898.
••• The only thing missing was the iron rod RF aerial, that made the WiFi induction unit part his "Telephone-del-Green" system. The ®™© metal coil and mesh EMW conglomeration, not only emitted RF signals to help power his batteries, but its firewire effect, (FiWi) caused the EMF to modulated the amplitude of the signal to send voice through space, via his WiTEL WiFi WiMAX 187 network. CLICK FOR MORE - Ask Priscilla / The Consumer Electronics Show / CLICK FOR MORE ABOUT "Teléph-on-délgreen" and MSU

BarbieVsBratzUpdate108w.jpgPart 04h /

Q. If you attach 'in a computer' to your application for a process or Element from patent, is that enough to pass the machine-or-transformation test?

A. "The patent office has been saying no, that you need to show a special machine has been built for this purpose," Lemley said, SEE MORE FOR THE Barbie says YES! -- if you're working on the Copyright, Trademark first angle.
••• "The Supreme Court hasn't ruled on what is patentable since 1981, Lemley said, leaving the federal appeals courts to apply standards set in the infancy of the information age to complex modern innovations.
•••"The computer world has changed a lot since 1981. The courts have the power to adapt the law and keep it up with changing technologies, and they had been doing that. But Bilski is a step backward," Lemley said.
•••Not all high-tech leaders want Bilski overturned. Although it's true that health science industries often rely on patents to recover research and development investments, information technology advances move too fast to benefit much from patent protections.
•••"Patents like the one at issue in Bilski give a bad name to the patent system," said Horacio Gutierrez, a Microsoft vice president for intellectual property and licensing and deputy general counsel.
•••Inventor Bilski, arguing for the Supreme Court review, says business methods like his formula are crucial to spurring economic growth. He says the appeals court decision is "a throwback to the 19th century, when our economy was primarily manufacturing-based, and fails to recognize that many inventions are based on ideas not necessarily tied to a machine or piece of equipment."

But a recent case before the U.S. Court of Appeals for the Federal Circuit points up the difficulty of making such judgments in the age of the Internet.
••• Bernard Bilski and Rand Warsaw of WeatherWise USA Inc. in Pittsburgh developed a computerized method for using weather data to predict commodities prices and energy costs. But their efforts to patent the formula were rejected by the U.S. Patent and Trademark Office, a decision upheld by the federal appeals court.
•••The inventors and their intellectual property lawyers argue that novel business concepts deserve patent protection as much as physical machines that transform industries.
•••They have petitioned the U.S. Supreme Court to review the appeals court ruling. They say that without the ability to profit from such inventions, the biotech and information services companies that have put such places as Silicon Valley and Redmond, Wash., on the world innovation map won't be willing to invest in research and development of other breakthroughs.

•••The patent office's and court's rejections of Bilski and Warsaw's business method patent claim follows years of rather liberal interpretations by patent examiners as to what qualified as an invention. And the new standard imposed, that the invention must involve a machine or a physical transformation, threatens to put the brakes on the busiest area of patent application and analysis. Of the 13,779 "process" patents sought last year, just 1,643 were granted.
•••Californians hold 24% of the 20-year patents issued in the United States, more than residents of any other state.
•••The Oct. 30 ruling in the case, referred to in legal shorthand simply as Bilski, already has been cited by the patent office as grounds for rejecting applications on seismic data analysis and a method of converting an Internet domain name to read both left to right, for languages like English, and in the opposite direction, for languages like Arabic and Hebrew.

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Part 05h / Editors Notes • Reviews / Editorial Chart • Editorial Calendar / Events Calendar /
NBS100 TeleCommunication Study - Regulatory Frequency Seizure

• Noticeable Accomplishments of C. Portz.
1. Charles Portz received several American Jurisprudence awards.
2. Dean's list every semester in college and law school.
3. Served as School Board Trustee.
4. Obtained a Real Estate License.
Five of my cases have been featured on national TV; Dateline NBC, Day One, 48 hrs., PrimeTime Live, CNN and 60 Minutes. The case on Dateline was listed as the most watched show that night. (September, 1999)
• Professional Affiliations include:
Mr. Portz is a member of the following Bar Associations and licensed to practice in the Courts:
1. Texas State Bar Association
2. Federal Southern District of Texas
3. 1st, 5th, 9th and 11th Federal Circuit Courts
4. United States Tax Court
5. United States Supreme Court.
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Part 06h • Acknowledgments ®™© / NBS Authentication -
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CLICK FOR MORE FREE USE OF THE NBS ISBN.
2006/ImagesPersonOfTheWeek/67josiecoryPOW46pweb.jpgRespectfully Submitted
Josie Cory
Publisher/Editor TVI Magazine
 TVI Magazine, tviNews.net, YES90, Your Easy Search, Associated Press, Reuters, BBC, LA Times, NY Times, VRA's D-Diaries, Industry Press Releases, They Said It and SmartSearch were used in compiling and ascertaining this Yes90 news report.
 ©1956-2010. Copyright. All rights reserved by: TVI Publications, VRA TelePlay Pictures, xingtv and Big Six Media Entertainments. Tel/Fax: 323 462.1099.

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