Looking at Patent Law: Patenting a Unitized Regenerative Fuel Cell System for Space Energy Storage Applications--A Case Study

In this installment of the "Looking at Patent Law" series, we present a case study of the prosecution of a "Unitized Regenerative Fuel Cell" patent invented by Kenneth A. Burke, an engineer at the NASA Glenn Research Center. This case was chosen to coincide with the "Electrochemistry for Space Exploration" focus of this issue of Interface. The case illustrates national security screening of patent applications by the United States Patent & Trademark office and review by the Department of Defense. Additionally, the article illustrates the combination of prior art references as the basis for an obviousness rejection of an invention. The article notes that the examiner must establish a teaching-motivation-suggestion to combine prior art references to establish an obviousness rejection. With this case study, we hope to demystify the patent prosecution process and better prepare electrochemical and solid state scientists, engineers, and technologists to interact with their patent counsel regarding their inventions.