In August 2007 the USPTO has issued revisions to some of its rules that allow the PTO to implements limits in continuation applications and claims number. The Plaintiffs (Tafas) brought suit against the PTO and challenged the validity of the revised rules.
On April 2008, the District Court has finally issued its Summary Judgment in the case in favor of the Plaintiffs stating that the PTO has stepped out of its authorities.
In its appeal to the CAFC, the USPTO asked the Federal Circuit to answer the following points:
- 1. Whether the USPTO's revised rules are within the PTO's statutory rulemaking authority;
- 2. Whether the revised rules stand in conflict with the Patent Act; and
- 3. Whether the PTO must provide public notice and comment for its rule revisions.
We shall surely continue
Posted by: Ophir Tal in USPTO, software patent, Software, politics, Patents Opposition, Patents, Patently-O, Patentability, Patent Prosecution, Patent Legislation, patent, Internet Patent, intellectual property, cyberlaw, Court of Appeals of the Federal Circuit, COMPUTER CONTROLLED SOFTWARE INTEGRATED INVENTIONS, claims, CAFC, blogging on
Jul 22, 2008
Prof. John F. Duffy analyses at Patently-O the probable position of the USPTO towards software patents as presented in a series of cases. Specifically, patentable subject matter must result in a physical transformation of an article that is tied to a particular machine. A general purpose computer may probably not be regarded as a particular machine, and data structures and numbers (e.g. webpage rankings) may probably neither be regarded as articles nor as being physically transformed. Well – some news for the software industry.
The analysis is recommended as being not only thorough but also quite easy to read.
Posted by: Amit Zuckerstein in USPTO, United States, United Kingdom, UK-IPO, TTab, Trademarks, trademark, private copying, Patent Legislation, Inventors, indefinite articles, ICANN, Domain names, domain name tasting, defences, cyberlaw, Copyright defences, copyright, consultation, claims, blogging, Australia on
Jan 21, 2008
I'd like to share 10 IP related blog posts that caught my eye in the previous week.
Patents
1. Dennis Crouch, in his blog "PatentlyO", writes about one of the suggested changes mentioned in the Senate report on patent reform and in particular to the elimination of
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