Tag >> United States
PRESS RELEASE
CONTACT: Jennifer Rankin Byrne or Ruth Nyblod
Phone: (571) 272-8400 or jennifer.rankin_byrne@uspto.gov or Ruth.Nyblod@uspto.gov
| November 03, 2008
#08-39 |
USPTO and DKPTO to Pilot Patent Prosecution Highway
Trial program to improve quality and pendency at both offices
Washington, D.C. - The Commerce Department's United States Patent and Trademark Office (USPTO) and the Danish Patent and Trademark Office (DKPTO) today announced that they intend to launch a new trial cooperation initiative called the Patent Prosecution Highway (PPH) today. The Patent Prosecution Highway will leverage fast-track patent examination procedures already available in both offices to allow applicants to obtain corresponding patents faster and more efficiently. It also will permit each office to exploit the |
The USPTO and the European Patent Office (EPO) have agreed to launch a patent prosecution highway (PPH) pilot program similar to the PPH pilot programs between the USPTO and the patent offices of Japan, the United Kingdom, Canada, Korea, and Australia. An exception is that PCT international applications (including national stage applications filed under 35 U.S.C. 371) are excluded. This PPH pilot program will commence on September 29, 2008, and continue for a period of one year ending on September 29, 2009. The trial period may be extended for up to an additional year if necessary to adequately assess the feasibility of the PPH program. Details of the PPH can be found here. The Law Office of Michael E. Kondoudis, PC Washington Patent Attorney
The USPTO has developed a system to administer continuing legal education to practitioners. This system, entitled the "Continuing Education for Practitioners" or ("CEP") system, is intended to "increase efficiency, reduce pendency, and improve quality in the patent process." The USPTO states that the CEP system is "built on the recognition that a smoothly operating patent system requires well-qualified USPTO personnel working hand-in-hand with up-to-date patent practitioners." The USPTO asked for volunteers to participate in a pilot test of an on-line system to administer the CEP system. 850 registered practitioners helped evaluate the system and provide feedback concerning the system's ease of use and the usefulness of the educational materials. Importantly, participants in the pilot
Innocent infringement of Copyrights reduces damages for the Infringer: US Court reduced damages for infringement of copyrights by downloading of music over the notorious KaZaA , to a good 200$ per downloaded infringed song (the 750$-30,000$ per song normally allowed under the Copyright Act) in the case of Whitney Harper a sixteen year old of innocence. The Judge has claimed that since the infringement was "an innocent infringement" the damage per each infringed song track downloaded is significantly reduced. To read more about it you can enter this
Posted by: Ophir Tal in USPTO, United States, prosecution, Patents Opposition, Patents, Patently-O, Patent search, Patent Prosecution, patent opposition, patent, oppositions, intellectual property, consultation, blogging on
Jul 08, 2008
A possibility for opposing pending patent applications in the US is presented by Dennis Crouch in his blog Patently-O under the title "poor-man's opposition proceedings ". The US law does not allow opposing a patent application (in contrary e.g. to israeli procedures which are partly based on receiving third party's oppositions), however they do commit applicants to submit to the patent office any relevant subject matter. So, the procedure comprises sending such subject matter to the applicant, thus making him obligated to disclose it to the patent office! I like this
Lately, I have been very interested in the growing number of PPH agreements reached by the USPTO and the UK PTO, the JPO, the CIPO, the Australian IP office, the Korean IP office and lately, the EPO.
Those are just the US-related PPHs. There are more. Those PPHs are basically an option for the applicant to advance his application in line for examination, if the claims in two applications in one family correspond. However, it seems like it is not just being advanced in line. If the examiners will actually use the results of the corresponding examination, we are expected to see examiners relying more and more on their colleagues' work. If the examination didn't make you minimize the claims to much, those procedures look like a dream. In Israel, like in singapore, we have a more radical
The U.S. District Court in Delaware rejected Israeli generic drug company Teva Pharmaceutical Industries Ltd. request to sell a generic version of Procter & Gamble's drug Actonel . The ruling is part of a patent infringement lawsuit filed against Teva in 2004. Teva's claimed that Procter & Gamble's patent for the drug was not valid due to the obviousness of the invention. Procter & Gamble's patent for risedronate (US5583122), the active ingredient in Actonel ,will remain valid until 2013. Actonel was approved in 2000 by the Food and Drug Administration (FDA) for the prevention and treatment
The USPTO continues to expand its infrastructure of Prosecution Highways with foreign countries allowing shorter pending and more efficiency in examination and other prosecution procedures when patent applications are filed and granted in countries that are linked by the Prosecution Highway. Up to current day the USPTO has signed Prosecution Highway agreements with the UK, Japan and the newly joined Canada and Korea. Currently, the Israeli Patent Office does not have a Prosecution Highway agreement with the US but Chapter 17c of the Israeli Patent Law allows automatic acceptance of patent applications that are accepted and granted in predefined countries – one of which is the US.
Everybody gets sued for infringing "Mobile entertainment
Posted by: ifat ara in USPTO, United States on
Jan 24, 2008
Current 37 CFR 1.63 sets forth the requirements for an oath or declaration filed in a nonprovisional patent application. According to this section a person making the oath or declaration must state when acknowledging the duty of disclosure and especially that they acknowledge their duty to disclose to the office all information known to the person to be "
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