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Eight Offices have agreed to relax the PPH requirements
Eight Offices have agreed to relax the PPH requirements, now limited to OFF (Office of First Filing) positive work product, to OEE (Office of Earlier Examination) positive work product, under the new MOTTAINAI PPH pilot. This is a dramatic change since it will greatly expand the availability of PPH expedited examination in all participating countries. […]
USPTO slowdown
The USPTO just notified the public of a budget induced slowdown in its patent operations, severe enough, that it may impact your planning. I copy the relevant sections of the notice, below. Effective immediately and until further notice: Track One of the Three-Track program, which offers expedited patent examination and was scheduled to go into […]
Ex Parte Smart Expands the Agilent Doctrine
The USPTO published a new informative BPAI decision, Ex parte Smart, Appeal No. 2009-015036, application 10/818,920 (03 January 2011), on Saturday 4/2/11. See http://www.uspto.gov/ip/boards/bpai/decisions/inform/fd09-015036.pdf. Smart is precedential in the sense that it is the first published Board decision on an appeal dealing with the Agilent Technologies, Inc. v. Affymetrix, Inc., 567 F.3d 1366, 91 USPQ2d […]
New Supreme Court Patent Case
The Supreme Court agreed today to hear a patent case that challenges the existing clear and convincing standard of review for proving invalidity of an issued patent, as to high. The outcome of this case is significant to all United States patents. The case is captioned Microsoft v. i4i. The question presented to the Supreme […]
Impact of the En Banc Hyatt v. Kappos Decision on Patent Prosecution
By Rick Neifeld, Neifeld IP Law, PC The Court of Appeals for the Federal Circuit (CAFC) issued a significant patent law decision on 11/8/2010, affording patent applicants whose claims have been denied by the United States Patent and Trademark Office (USPTO) additional rights of review. This case suggests filing appeals in response to final actions, […]
President Obama honors nation’s top scientists and innovators
President Obama today named ten eminent researchers as recipients of the National Medal of Science, and three individuals and one team as recipients of the National Medal of Technology and Innovation, the highest honors bestowed by the United States government on scientists, engineers, and inventors. The recipients will receive their awards at a White House […]