http://www.ipwatchdog.com Patents, Software Patents, Patent Applications & Patent Law Wed, 19 Jun 2013 14:00:24 +0000 en-US hourly 1 http://wordpress.org/?v=3.5.1 http://www.ipwatchdog.com/2013/03/27/kappos-on-patent-trial-and-appeal-board-trial-proceedings/id=38077/ http://www.ipwatchdog.com/2013/03/27/kappos-on-patent-trial-and-appeal-board-trial-proceedings/id=38077/#comments Wed, 27 Mar 2013 14:48:38 +0000 Gene Quinn http://www.ipwatchdog.com/?p=38077 Related posts:

1. David Kappos Headlines Post-Grant Patent Trial Program in NYA new addition to the program just announced today is David Kappos, who is the immediate former Director of the United States Patent and Trademark Office. Kappos, a life-long employee of IBM prior to taking charge of the USPTO, is now with Cravath, Swaine & Moore LLP in New York City. Kappos will discuss the Patent Trial and Appeal Board, specifically discussing ex parte reexamination, the remaining legacy inter partes reexamination cases, inter partes review and the transitional program relating to covered business method patents. His segment will run from 9:15 am to 10:15 am. In addition to being presented...
2. Practice Before the Patent Trial and Appeal BoardThe one thing that will be markedly different from federal court practice, however, is that for the most part only registered Patent Attorneys or Patent Agents will be able to appear before the Patent Trial and Appeal Board. The Patent Office considered broadly permitting practitioners not registered to practice by the Office to represent parties at the Patent Trial and Appeal Board. Notwithstanding, the Patent Office decided against allowing non-registered practitioners from representing parties at the Patent Trial and Appeal Board the proposed rules set forth in February 2012. The USPTO explained this was because they believed that making the...
3. Torpedoing Patent RightsThe vast number of America’s companies that need patents to prosper and grow should fear the post-grant provisions for challenging patents in H.R. 1249, the patent reform bill passed last month by the House of Representatives. In a system already plagued by delays in granting patents, they threaten to delay courts from enforcing patents once finally granted. This threat has received little attention, perhaps because advocates of the bill promise promptness that they cannot deliver....

Related posts brought to you by Yet Another Related Posts Plugin. ]]> http://www.ipwatchdog.com/2013/03/27/kappos-on-patent-trial-and-appeal-board-trial-proceedings/id=38077/feed/ 1 http://www.ipwatchdog.com/2013/03/21/david-kappos-headlines-post-grant-patent-trial-program-in-ny/id=37847/ http://www.ipwatchdog.com/2013/03/21/david-kappos-headlines-post-grant-patent-trial-program-in-ny/id=37847/#comments Fri, 22 Mar 2013 01:05:52 +0000 Gene Quinn http://www.ipwatchdog.com/?p=37847 Related posts:

1. PTO Proposes Rules of Practice for Patent Trials before BoardThe United States Patent and Trademark Office (USPTO) has proposed a consolidated set of rules related to trial practice before the Patent Trial and Appeal Board. The proposed rules implement the provisions of the Leahy-Smith America Invents Act relating to inter partes review, post-grant review, the transitional program for covered business method patents, and derivation proceedings....
2. Kappos on Patent Trial and Appeal Board Trial ProceedingsKappos explained that the PTAB has started and will continue, in at least some cases, to issue shorter per curiam decisions, which will allow them to decide more cases and move through the backlog. Co-Chair of the program, Rob Sterne, asked Kappos whether this would present problems for those who might want to appeal to the Federal Circuit. Given the standards applied by the Federal Circuit will it be possible for an applicant ever be able to satisfy the standards? Kappos acknowledged that is a concern and why we will see hundreds of shorter per curiam decisions rather than thousands....
3. America Invents: The Unintended Consequences of Patent ReformNotwithstanding the inherent unreliability of legislative history and the truly scary prospect of trying to get inside the head of Members of Congress, it seems fairly clear to me that the America Invents Act, which was signed into law by President Obama on September 16, 2012, contains at least a handful of things that can only be characterized as unintended consequences. Among them are: (1) U.S. patents issued from foreign filings will be prior art as of the foreign filing date; (2) commonly owned patent applications cannot be used against each other for novelty purposes; and (3) the creation of...

Related posts brought to you by Yet Another Related Posts Plugin. ]]> http://www.ipwatchdog.com/2013/03/21/david-kappos-headlines-post-grant-patent-trial-program-in-ny/id=37847/feed/ 1 http://www.ipwatchdog.com/2013/02/06/kappos-joins-cravath-swaine-moore-in-new-york/id=34947/ http://www.ipwatchdog.com/2013/02/06/kappos-joins-cravath-swaine-moore-in-new-york/id=34947/#comments Wed, 06 Feb 2013 21:21:16 +0000 Gene Quinn http://www.ipwatchdog.com/?p=34947 Related posts:

1. Senior Sony PlayStation Attorney Stephen Kong Joins Stradling YoccaPrior to joining Stradling, Mr. Kong was Senior Corporate Counsel for Sony Computer Entertainment America LLC. While at Sony PlayStation, he was the lead attorney for the US R&D and Strategic Business Development Groups for the Sony entity responsible for Sony PlayStation matters in North and Latin America....
2. Womble Carlyle Expands IP and Life Science Litigation TeamsIn October, Life Science litigators Mary Bourke, Mark Pino, Kristen Cramer, Dana Severance and Daniel Attaway joined the firm from Connolly Bove Lodge & Hutz LLP, an intellectual property law firm located in Delaware, which not lists 52 attorneys on their firm website. These laterals include three partners and two associates. Veteran IP litigators Barry Herman and Behrooz Shariati also joined the firm in June and July, respectively. According to the firm's website Womble Carlyle now has 547 attorneys and 89 attorneys operating within a broadly defined Intellectual Property practice group....
3. 3 New Intellectual Property Members for McDonald HopkinsMcDonald Hopkins LLC, a law firm with offices in Chicago, Cleveland, Columbus, Detroit, Miami, and West Palm Beach, just announced the election of three new intellectual property attorneys to the firm's membership. The intellectual property attorneys being elevated to Member at McDonald Hopkins are: Todd A. Benni, Joseph J. Crimaldi and Scott M. Slaby. ...

Related posts brought to you by Yet Another Related Posts Plugin. ]]> http://www.ipwatchdog.com/2013/02/06/kappos-joins-cravath-swaine-moore-in-new-york/id=34947/feed/ 1 http://www.ipwatchdog.com/2013/01/31/in-capable-hands-profiling-the-new-leadership-at-the-pto/id=34464/ http://www.ipwatchdog.com/2013/01/31/in-capable-hands-profiling-the-new-leadership-at-the-pto/id=34464/#comments Thu, 31 Jan 2013 15:48:11 +0000 Gene Quinn http://www.ipwatchdog.com/?p=34464 Related posts:

1. Peter Pappas Appointed as Kappos’ New Chief of StaffEffectively immediately Pappas is the new Chief of Staff and the immediate past Chief of Staff, Drew Hirschfeld, will assume the role of Associate Commissioner for Patent Examination Policy, which for a long time has been a key role within senior management at the USPTO....
2. Behind the Scenes: The USPTO Senior StaffOn July 19, 2010, I was granted behind the scenes access to observe the United States Patent and Trademark Office. From 11am to 7pm I trailed David Kappos, the Undersecretary for Commerce for Intellectual Property and the Director of the United States Patent and Trademark Office. My hosts for the day were primarily Peter Pappas, Chief Communications Officer and Senior Advisor to Kappos, and one of his top lieutenants, Jennifer Rankin Byrne. As I went through the day I met members of the Senior Staff, some of whom I already knew and others who I was meeting for the first...
3. Women’s History Month: PTO Women’s Symposium in ShreveportLater in the month in Shreveport, Louisiana, the USPTO will hold its 2nd Annual Women's Entrepreneur Symposium. This event will take place from March 25 - 26, 2012, and is co-sponsored by the USPTO, U.S. Senator Mary L. Landrieu and Cedric B. Glover, mayor of the City of Shreveport. The event will take place at the Shreveport Convention Center, and the symposium has blocked rooms at the Hilton Shreveport. Our very own Social Media Diva™, Renee Quinn, will be speaking at the symposium on the topic of building relationships. The full title of Renee's presentation is From Inventor to Entrepreneur:...

Related posts brought to you by Yet Another Related Posts Plugin. ]]> http://www.ipwatchdog.com/2013/01/31/in-capable-hands-profiling-the-new-leadership-at-the-pto/id=34464/feed/ 3 http://www.ipwatchdog.com/2013/01/29/david-kappos-the-exit-interview/id=33813/ http://www.ipwatchdog.com/2013/01/29/david-kappos-the-exit-interview/id=33813/#comments Tue, 29 Jan 2013 11:30:16 +0000 Gene Quinn http://www.ipwatchdog.com/?p=33813 Related posts:

1. David Kappos to Leave the USPTOI have just learned that David Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, will be stepping down and leaving the agency effective the end of January 2013. ...
2. Interview Exclusive: USPTO Director David KapposIn this interview Kappos discusses with me his management style, his famously long hours, how he manages to inspire the Office to work harder than ever before, his efforts to get funding for the Office, how the USPTO can help innovators create new businesses and new jobs, and how to inspire young people to do public service. We also learn that he and Judge Rader share the same favorite movie (see Judge Rader Interview at the end), he likes Star Trek and Star Wars equally (an astute political answer no doubt) and the famous American inventor he would like to...
3. USPTO: One of the Best Places to WorkEarlier today the United States Patent and Trademark Office received special recognition as one of the best places to work in the United States federal government. The Best Places to Work in the Federal Government® rankings draw on responses from nearly 700,000 civil servants to produce a detailed view of employee satisfaction and commitment across 362 federal agencies and subcomponents. With a score of 80.3, the USPTO ranked #5 out of 290 in the agency subcomponent category....

Related posts brought to you by Yet Another Related Posts Plugin. ]]> http://www.ipwatchdog.com/2013/01/29/david-kappos-the-exit-interview/id=33813/feed/ 8 http://www.ipwatchdog.com/2013/01/21/the-david-kappos-era-at-the-uspto/id=33657/ http://www.ipwatchdog.com/2013/01/21/the-david-kappos-era-at-the-uspto/id=33657/#comments Mon, 21 Jan 2013 22:25:13 +0000 Gene Quinn http://www.ipwatchdog.com/?p=33657 Related posts:

1. Allowance Rate of 45.6% at USPTO for Fiscal 2010Hopefully the seemingly modest successes of team Kappos in fiscal 2010 will be viewed for what they are, which is rather extraordinary, by our leaders in Washington, DC. With all the odds against them, having to fight daily for adequate funding, fewer patent examiners and a Congress that STILL siphons money paid by innovators away from the Patent Office, team Kappos was still able to increase allowances by 5.3% and dent the backlog. Can you imagine what they could do with adequate funding? ...
2. David Kappos to Leave the USPTOI have just learned that David Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, will be stepping down and leaving the agency effective the end of January 2013. ...
3. USPTO: One of the Best Places to WorkEarlier today the United States Patent and Trademark Office received special recognition as one of the best places to work in the United States federal government. The Best Places to Work in the Federal Government® rankings draw on responses from nearly 700,000 civil servants to produce a detailed view of employee satisfaction and commitment across 362 federal agencies and subcomponents. With a score of 80.3, the USPTO ranked #5 out of 290 in the agency subcomponent category....

Related posts brought to you by Yet Another Related Posts Plugin. ]]> http://www.ipwatchdog.com/2013/01/21/the-david-kappos-era-at-the-uspto/id=33657/feed/ 3 http://www.ipwatchdog.com/2012/12/27/industry-insiders-reflect-on-biggest-moments-in-ip-for-2012/id=31924/ http://www.ipwatchdog.com/2012/12/27/industry-insiders-reflect-on-biggest-moments-in-ip-for-2012/id=31924/#comments Thu, 27 Dec 2012 14:15:34 +0000 Gene Quinn http://www.ipwatchdog.com/?p=31924 Related posts:

1. Senate Judiciary Committee Passes Patent Reform BillAs I sit here listening to the Executive Meeting of the Judiciary Committee on patent reform, things are getting extremely contentious.  Senator Specter (R-PA) has said that he would rather wait and not vote this bill out of Committee until Senator Kyl (R-AZ) has an opportunity to submit his amendments relative to the post-grant review [...]...
2. Kappos Nomination Unanimously Forwarded to Full SenateEarlier today the Senate Judiciary Committee voted to advance the nomination of David Kappos, former Vice President and Assistant General Counsel for IBM, to be Undersecretary of Commerce for Intellectual Property, a job that also comes with the title of Director of the Patent and Trademark Office.  The vote in the Judiciary Committee was unanimous, [...]...
3. Leahy Procedural Move Makes Patent Reform Passage NearSenate Judiciary Committee Chairman Patrick Leahy (D-VT) recently came to agreement with Committee Ranking Republican Jeff Sessions (R-AL) on changes to the Patent Reform Act of 2009 (S. 515), winning Senator Sessions’ support for passage and making it extremely likely that patent reform will happen this year, and likely very soon. An individual involved in [...]...

Related posts brought to you by Yet Another Related Posts Plugin. ]]> http://www.ipwatchdog.com/2012/12/27/industry-insiders-reflect-on-biggest-moments-in-ip-for-2012/id=31924/feed/ 2 http://www.ipwatchdog.com/2012/12/12/a-night-at-the-smithsonian-patent-style/id=31377/ http://www.ipwatchdog.com/2012/12/12/a-night-at-the-smithsonian-patent-style/id=31377/#comments Wed, 12 Dec 2012 20:49:25 +0000 Gene Quinn http://www.ipwatchdog.com/?p=31377 Related posts:

1. IPO to Award National Inventor of the Year to Kinect InventorOn Monday, December 10, 2012, Intellectual Property Owners Education Foundation will honor 39th Annual National Inventor of the Year Alex Kipman, 2012 Distinguished IP Professional Judge James Holderman, and the six winners of the Second Annual IP Video Contest, in a ceremony at the Smithsonian American Art Museum and National Portrait Gallery....
2. IPO Honors Judge Michel and Dupont Inventors at SmithsonianAt these types of ceremonies everyone says such nice things, but what Judges Newman, Linn and Lourie said about Judge Michel seemed particularly heartfelt, and they seemed almost saddened to see their friend choose to leave and set out to make a difference advocating rather than opining. The video also included flattering comments from Chief Judge Anthony Joseph Scirica of the Third Circuit, one of Judge Michel's former clerks and executives of the IPO. It was extremely tasteful, gave an appropriate but not lingering recap of his career and did not linger or go on at an uncomfortable length as...
3. Tips for Assisting the Judge and Jury in Patent CasesThe program this morning ran a bit long, and we are behind, but there is such great information being covered here at the Improving Patent Adjudication Through ADR and Federal Court Reform symposium being sponsored by the Thomas Jefferson School of Law.  One particular presentation that was exceptional (and there have been many) is the [...]...

Related posts brought to you by Yet Another Related Posts Plugin. ]]> http://www.ipwatchdog.com/2012/12/12/a-night-at-the-smithsonian-patent-style/id=31377/feed/ 1 http://www.ipwatchdog.com/2012/12/06/forfeiting-the-future-over-irrational-fear-of-software-patents/id=30957/ http://www.ipwatchdog.com/2012/12/06/forfeiting-the-future-over-irrational-fear-of-software-patents/id=30957/#comments Thu, 06 Dec 2012 11:00:16 +0000 Gene Quinn http://www.ipwatchdog.com/?p=30957 Related posts:

1. Lies, Damn Lies and Media Hatred of Patents (and the CAFC)Indeed, few articles have struck a nerve in me quite the way that a recent Ars Technica article did. The article is titled How a rogue appeals court wrecked the patent system??. It is a cheap shot, factually inaccurate and embarrassingly incorrect "news" story that concludes the Federal Circuit is at the heart of all the problems in the patent system. A real Pinocchio tale. Ars Technica? should be ashamed at having published such an inaccurate attack piece. If they are not going to properly vet articles in advance of publication then what have they become? Little more than an...
2. All In! Doubling Down on Erroneous Attacks on the Federal CircuitIn a recently published Forbes.com article titled"The Federal Circuit, Not the Supreme Court, Legalized Software Patents," Lee doubled down with his absurd and provably incorrect assertions regarding the patentability of software patents. But he also more or less sheepishly admitted that his reading of the most relevant case is not one that is widely accepted as correct by anyone other than himself. He wrote: "To be clear, plenty of people disagree with me about how Diehr should be interpreted." Thus, Lee admits that his primary assertion is one he created from whole cloth and contrary to the widely held views...
3. World Intellectual Property Indicators 2012: Design Patent HighlightsThe World Intellectual Property Organization (WIPO) publishes a yearly report of the worldwide intellectual property filings. World Intellectual Property Indicators 2012 estimates draw from approximately 133 Patent offices, and include direct national and regional applications and those received through the Hague system of international registration. ...

Related posts brought to you by Yet Another Related Posts Plugin. ]]> http://www.ipwatchdog.com/2012/12/06/forfeiting-the-future-over-irrational-fear-of-software-patents/id=30957/feed/ 92 http://www.ipwatchdog.com/2012/11/30/an-examination-of-software-patents/id=30747/ http://www.ipwatchdog.com/2012/11/30/an-examination-of-software-patents/id=30747/#comments Fri, 30 Nov 2012 20:05:19 +0000 David Kappos http://www.ipwatchdog.com/?p=30747 Related posts:

1. A Patent for SoftwareWhat If you created an automobile engine that could deliver 500 miles per gallon of gasoline would you seek a patent? I suspect you would because that type of engine would almost certainly be revolutionary. So why wouldn't you think about patenting a software system that more efficiently manages power consumption for a large office building? If you could reduce energy consumption by 25% wouldn't that be noteworthy? Of course, and it should be patentable as well. Legally it doesn't matter whether the advantage is created by an old world mechanical gadget or thanks to the constant monitoring and manipulation...
2. Building Better Software Patent Applications: Embracing Means-Plus-Function Disclosure Requirements in the Algorithm CasesThe disclosure requirements for these types of patent applications has been a moving target for years, which means that whatever the most stringent disclosure requirements are should become the target regardless of the types of claims you file. To ensure your software patent application has appropriate disclosure of the invention you should accept — even embrace — the requirements for having an appropriate means-plus-function disclosure. By meeting the strict standards set forth in the mean-plus-function algorithm cases you will file more detailed applications that have better disclosure and which will undoubtedly support more claims, thus making the resulting patent or...
3. Patent Drafting: Defining Computer Implemented ProcessesSo what information is required in order to demonstrate that there really is an invention that deserves to receive a patent? When examining computer implemented inventions the patent examiner will determine whether the specification discloses the computer and the algorithm (e.g., the necessary steps and/or flowcharts) that perform the claimed function in sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor invented the claimed subject matter. An algorithm is defined by the Patent Offices as a finite sequence of steps for solving a logical or mathematical problem or performing a task. The...

Related posts brought to you by Yet Another Related Posts Plugin. ]]> http://www.ipwatchdog.com/2012/11/30/an-examination-of-software-patents/id=30747/feed/ 3 http://www.ipwatchdog.com/2012/11/26/david-kappos-to-leave-the-uspto/id=30590/ http://www.ipwatchdog.com/2012/11/26/david-kappos-to-leave-the-uspto/id=30590/#comments Mon, 26 Nov 2012 18:28:36 +0000 Gene Quinn http://www.ipwatchdog.com/?p=30590 Related posts:

1. The David Kappos Era at the USPTOif you ask me the Kappos legacy is not going to be the America Invents Act. The Kappos legacy will be that he managed to put the USPTO back on track. The agency is open for business and is issuing patents. It is odd to say it, but the USPTO had become so dysfunctional over the years that the allowance rate had slipped to never before seen lows. The feeling was that the USPTO was the "No Patent for You Office," which did nothing to help foster the growth of innovation, and more importantly jobs....
2. USPTO: One of the Best Places to WorkEarlier today the United States Patent and Trademark Office received special recognition as one of the best places to work in the United States federal government. The Best Places to Work in the Federal Government® rankings draw on responses from nearly 700,000 civil servants to produce a detailed view of employee satisfaction and commitment across 362 federal agencies and subcomponents. With a score of 80.3, the USPTO ranked #5 out of 290 in the agency subcomponent category....
3. David Kappos – The Exit InterviewThe Kappos era at the USPTO also largely coincides with the time frame where I started to write daily (sometimes more). I attend public events at the USPTO and have interviewed Director Kappos several times and most of his top lieutenants. I have gotten to know Director Kappos and have seen first hand what his leadership has meant to not only the USPTO, but to the larger patent system in general. He has been a friend to the patent system and in my opinion is leaving the Patent Office far better than he found it. He will be sorely missed...

Related posts brought to you by Yet Another Related Posts Plugin. ]]> http://www.ipwatchdog.com/2012/11/26/david-kappos-to-leave-the-uspto/id=30590/feed/ 32 http://www.ipwatchdog.com/2012/11/07/4-more-years/id=29762/ http://www.ipwatchdog.com/2012/11/07/4-more-years/id=29762/#comments Wed, 07 Nov 2012 20:14:41 +0000 Gene Quinn http://www.ipwatchdog.com/?p=29762 Related posts:

1. 4 More Days Until Election 2012It is undeniable that the Director Kappos has revitalized the Patent Office, but does the fact that the Patent Office is now well run mean that President Obama has earned 4 more years?...
2. Top 10 Reasons Republicans Might Oppose the Patent OfficeGiven that House Republicans seem to fear an adequately funded Patent Office I got to thinking — What could they be afraid of? With that in mind, here are the top 10 things that House Republicans must be afraid of as they seek to oppose an adequately funded Patent Office. Can you hear the black helicopter squad swirling overhead, conspiracy theories in hand? ...
3. The David Kappos Era at the USPTOif you ask me the Kappos legacy is not going to be the America Invents Act. The Kappos legacy will be that he managed to put the USPTO back on track. The agency is open for business and is issuing patents. It is odd to say it, but the USPTO had become so dysfunctional over the years that the allowance rate had slipped to never before seen lows. The feeling was that the USPTO was the "No Patent for You Office," which did nothing to help foster the growth of innovation, and more importantly jobs....

Related posts brought to you by Yet Another Related Posts Plugin. ]]> http://www.ipwatchdog.com/2012/11/07/4-more-years/id=29762/feed/ 15