Posts Tagged: "manual of patent examining procedures"

USPTO Flexes Its AIA Powers To Make Retroactive Substantive MPEP Policy Changes

The United States Patent and Trademark Office (USPTO) publishes the Manual of Patent Examining Procedure (MPEP) (currently electronically, but spanning thousands of pages in printed form) to provide examiners and patent practitioners with guidance on the patent statute, USPTO regulations, and patent prosecution practices and procedures. USPTO regulations are promulgated pursuant to the Administrative Procedure Act (APA), which requires a process that includes publication of proposed rules and a public comment period and are binding on the public. The 2011 Leahy-Smith America Invents Act (AIA) strengthened the USPTO’s already-considerable policymaking powers. In a recent law review article addressing the USPTO’s post-AIA policymaking powers, William Neer recognized the USPTO’s AIA-empowered potential to engage in retroactive substantive rulemaking and determined that the USPTO promulgated more rules post-AIA than it did pre-AIA. This article discusses substantive MPEP procedural changes implemented retroactively by the USPTO.

Federal Circuit Hears Oral Arguments in Case Involving Question of Joint Inventorship Under Section 102(f)

In a prior abandoned patent application, VerHoef listed himself as joint inventor of the dog mobility device with Dr. Lamb, the veterinarian making the suggestion; this joint venture failed and then each party tried to file competing patent applications. This was all done at a time when VerHoef was not well acquainted with patent law according to Thomas Loop, patent attorney at Loop IP Law representing VerHoef in the case. “All inventors take limitations and elements from others, that’s the essence of inventions,” Loop argued to the Federal Circuit panel of Circuit Judges Pauline Newman, Haldane Robert Mayer and Alan Lourie. “[VerHoef] had the entire reduction to practice of the invention… she blurted out an idea, and he adopted it. That’s what happened here.” Although VerHoef agreed that Dr. Lamb did provide the suggestion, Loop argued that this suggestion did not elevate the veterinarian to the level of inventor.

USPTO Changes Format and Links to MPEP

Not only can’t you find the relevant MPEP sections you are looking for through a Google search, but you also cannot find the relevant statutes or CFR sections using Google. For example, I typed in “35 usc 304” into Google. The first link was to the USPTO.gov website, like it almost always is. Unfortunately, however, upon clicking the link I was taken to another “Page Not Found” screen. Ultimately you can get to it by clicking on the new MPEP link provided, scrolling down to the L Appendix, clicking on the L Appendix link and then scrolling down to Section 304. Not a lot more time, but hardly as easy to find information as it was just a few days ago.

Summer 2011: The PLI Approach to the New Patent Bar Exam

It has always been my belief that the PLI course is the best, and now I think there is absolutely no doubt. Yes, there are some competitors out there but how many other courses have two faculty members that are practicing patent attorneys and law professors? John and I both have a private practice and we have made legal education an important part of our careers. We are even patent attorneys, which might sound like an odd thing to tout but there are actually courses out there that don’t have patent attorneys developing the course and creating materials. The patent bar exam is hard enough as it is, the rules of patent practice are almost ridiculously archaic and you think you can take a patent bar course taught by someone who hasn’t ever even passed the exam let alone represented anyone in real life? Yeah, right. Think again.

Top 10 Reasons to Take the PLI Patent Bar Review Course

Effective April 12, 2011, the USPTO has dramatically updated the patent bar examination. As a result, the PLI Patent Bar Review Course has been completely updated – overhauled really. We had already been working on updates to our materials based on the inevitable change in the exam moving from MPEP Rev. 4 to MPEP Rev. 8. We knew it was only a matter of time before a new revision of the MPEP was tested, so we have had MPEP Rev. 8 materials at the ready. The text and questions have been completely revised and our lectures re-done. We feel confident the PLI patent bar review course is simply the best!