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PTAB Guidance on the Statutory Time Bar to an Inter Partes Review
The Inter Partes Review (IPR) proceedings of the Patent Trial and Appeal Board (PTAB or Board) provide a mechanism to challenge validity of a patent. However, there is a statutory time bar against belatedly requesting an IPR. The Board has now rendered decisions, discussed below, clarifying when the statutory time bar exists. APPLICABLE STATUTORY AND […]
Patent Drawings and the USPTO’s Electronic Framework
Significant numbers of patent applications are being filed with drawings in data formats that result in a patent having degraded images. This is a result of failure of users of the United States Patent and Trademark Office’s (USPTO’s) Electronic Filing System (EFS) to understand the following provisions of the USPTO’s Legal Framework for EFS-Web, published […]
Patent Drawings and the USPTO’s Electronic Framework
Significant numbers of patent applications are being filed with drawings in data formats that result in a patent having degraded images. This is a result of failure of users of the United States Patent and Trademark Office’s (USPTO’s) Electronic Filing System (EFS) to understand the following provisions of the USPTO’s Legal Framework for EFS-Web, published […]
Latest USTR Special 301 Report Shows Need for Concerted Action on Piracy in Key Markets
WASHINGTON, DC – The Software Alliance welcomed in a press release the US Trade Representative (USTR)’s annual Special 301 Report, which highlights international markets with the worst track records protecting Intellectual Property and providing market access for right holders. “Some of the world’s fastest-growing economies continue to be havens for piracy,” said Jodie Kelley, BSA […]
Review of Changes to Patent Term Adjustment, Statute and Rule
I.INTRODUCTION On January 14, 2013, Public Law 112-274 titled “Leahy-smith America Invents Technical Corrections” became law. This law contains changes to Patent Term Adjustment (PTA). On April 1, 2013, the USPTO promulgated interim final rules corresponding to the statutory changes to PTA. See “Revisions to Patent Term Adjustment,” 78 FR 19416 (2013). This article identifies […]
Review of Changes to IPR Law, Statute and Rule
I. INTRODUCTION On January 14, 2013, Public Law 112-274 titled “Leahy-smith America Invents Technical Corrections” became law. On March 25, 2013, the USPTO promulgated final rules corresponding to the statutory changes to Inter Partes Review (IPR) law, in Public Law 112-274. See “Changes To Implement the Technical Corrections to the Leahy-Smith America Invents Act as […]
Debrief on USPTO Design Day Information
The USPTO held its annual Design day conference on 4/23/2013. This is a debrief. The USPTO Design director noted that the examiners will no longer accept conversion of a solid line to a dashed line or vice versa, in design drawings, unless the applicant can demonstrate support for the conversion (which is unlikely). This is […]
Trademark Owners Have Remedies Against Domain Names That Infringe
If your business or organization discovers that a third party is using your trademark as a domain name for its website, or using a mark confusingly similar to yours, you may be able to have the domain name cancelled and transferred to you under the Uniform Domain Name Dispute Resolution Policy (“UDRP”). The UDRP is […]
U.S. Department of Commerce Announces Patents for Humanity Winners
Pilot program encouraged patent holders to address global humanitarian challenges WASHINGTON — The U.S. Department of Commerce today announced the winners of the U.S. Patent and Trademark Office’s (USPTO) Patents for Humanity pilot program during an awards ceremony on Capitol Hill supported by the Ewing Marion Kauffman Foundation. Launched by the USPTO in February 2012 as part of […]
Keep creating, keep innovating – the Message to The Next Generation from Director General of WIPO Francis Gurry
This year theme of World Intellectual Property Day April 26, is “Creativity – The Next Generation” Nowadays mankind creates and develops in a very dynamic and exciting pace. Life sciences together with the new technologies generate a great potential for development. They are transforming the way we live, communicate, heal, entertain, work or study. “What […]
Change in US Patent Term Law
This an important notice of a case affecting the term of patents issuing from most patent applications in which an RCE (Request for Continued Examination) has been filed. Any allowed application, in which the issue fee has not yet been paid, should be re-reviewed to redetermine if an application for Patent Term Adjustment (PTA) should […]
Defend the Flag
Protection of Foreign State Emblems, Official Hallmarks, Names and Emblems of Intergovernmental Organizations in the United States
Protection of Foreign State Emblems, Official Hallmarks, Names and Emblems of Intergovernmental Organizations in the United States
USPTO and EPO Publish Advance Version of Cooperative Patent Classification System Ahead of January Launch
WASHINGTON — The U.S. Commerce Department’s United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO) today announced early publication of a classification system meant to speed the patent granting process for applicants to both Offices. The Cooperative Patent Classification (CPC) system and finalized CPC definitions are now available in advance of […]
New Online Version of TMEP
A new online version of the 8th edition of the Trademark Manual of Examining Procedure (TMEP) with a new search tool is now available. This release is intended to assist users in the transition to the new version, which will replace the current online version when the next revision of the TMEP is issued in […]
U.S. Patent and Trademark Office To Implement New Patent Quality Process
Derivation Proceeding Ensures Inventors Obtain Patents for their Inventions
Derivation Proceeding Ensures Inventors Obtain Patents for their Inventions