IP Law Digest
112th Congress Becomes the Fourth To Attempt to Tackle Patent Reform
March 1, 2011
The 112th Congress, under the direction of Senator Patrick Leahy (D – Vt), is preparing to again consider a significant reformation of the U.S. patent system. Numerous attempts have been made to reform the patent system since 2005, with most…
Read MoreThe Patent Office Issues New Examination Guidelines to Evaluate Whether Inventions are Distinctly Claimed
February 21, 2011
The United States Patent and Trademark Office (USPTO) recently issued supplementary patent examination guidelines further defining the USPTO’s interpretation of the second paragraph of 35 U.S.C. §112 that requires inventors to distinctly claim their inventions. These guidelines are supplements to…
Read MoreA Proposed New Rule for Fee-Based Fast-Track Examination
February 11, 2011
The United States Patent and Trademark Office (USPTO) has issued a proposed rule to implement “Track I” of the 3 track examination program proposed last year. Track I applications would be accorded special status and placed on a special Examiner…
Read MoreYou Can Have Your Own Top Level Domain “for a small fee….”
February 7, 2011
Below is a presentation describing the proposed ICANN procedures for obtaining new top level domain names as well as the pitfalls associated with the procedure.Click here to download a copy.
Read MorePatent and Trademark Office Introduces a Web Site for Receiving Public Feedback on Patent and Trademark Examination Procedures
January 20, 2011
The US Patent and Trademark Office (USPTO) has instituted two on-line discussion tools that allow the public to provide input on ways to improve the Manual of Patent Examining Procedure (MPEP) and Trademark Manual of Examining Procedure (TMEP). Only a…
Read MoreUSPTO Announces Plan For First Ever Satellite Patent Office In Detroit
January 11, 2011
The United States Patent and Trademark Office (USPTO) recently announced its plan to open the first-ever USPTO satellite office in Detroit, Michigan. While the specific location and anticipated opening date will be announced in the coming months, the Detroit satellite…
Read MorePatent Office Gives Provisional Filers Extra 12 Months to Pay Certain Fees When Filing Non-Provisional Application
December 29, 2010
The United States Patent and Trademark Office (USPTO) has recently implemented the Extended Missing Parts Pilot Program (Pilot Program) which allows an applicant to request a 12-month time period to pay certain fees and to reply to a Notice to…
Read MorePitfalls and Strategies to Avoid Charges of Inequitable Conduct
December 20, 2010
On November 30, 2010, Woodard, Emhardt attorney John Bradshaw was a featured speaker in a webinar entitled “Summary of Pitfalls and Strategies to Avoid Charges of Inequitable Conduct.” The webinar was part of the Practical Tips for Young Lawyers series…
Read MorePatent Office Publishes Proposed Revisions to Ex Parte Appeals Rules
December 6, 2010
The United States Patent and Trademark Office (USPTO) has published a notice containing proposed revisions to the rules governing ex parte appeals before the Board of Patent Appeals and Interferences. The proposed rulemaking first rescinds the 2008 Final Rules, which…
Read MorePatent Office Releases Revised Strategic Plan
November 16, 2010
The United States Patent and Trademark Office (USPTO) has released a revised version of its 2010-2015 strategic plan. The revised plan lays out a number of goals and initiatives, with some revisions based on feedback received from the patent and…
Read MoreCould Your Business Benefit From a Federal Trademark Registration?
October 25, 2010
Trademarks are often the most valuable piece of a business’s intellectual property portfolio. For example, consider the marketing value of the marks Coca-Cola® and the Nike swoosh. The potential tremendous marketing value of trademarks combined with substantial legal benefits make obtaining a…
Read MorePatent Office Considers Program to Fast-Track Reexamination of Humanitarian Technologies
October 18, 2010
The United States Patent and Trademark Office (USPTO) is seeking public comments through November 19, 2010, about a proposal to incentivize the creation and wider distribution of technologies that address humanitarian needs. Under the proposed pilot program, accelerated reexamination of a patent…
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