Late in the day on Monday, March 17, 2014, the USPTO said that Oracle’s first version of Java 8 will be released on Tuesday, March 18, 2014. If you install Java 8 and encounter authentication issues when trying to use EFS Web or Private PAIR the USPTO says that you will need to revert to Java 7 Update 51. The USPTO says that Java 8 will not be an automatic update.
The USPTO is working with Oracle and Entrust “for a solution,” which sounds more ominous than the rest of the announcement that Java 8 may create authentication issues.
Washington– The U.S. Department of Commerce’s Internet Policy Task Force (IPTF) will hold the first meeting of the public multistakeholder forum on improving the operation of the notice and takedown system for removing infringing content from the Internet under the Digital Millennium Copyright Act (DMCA) on March 20, 2014 at the USPTO headquarters in Alexandria, Virginia. The meeting was called for in the Commerce Department’s Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economyreleased last year. The IPTF is a joint effort between the USPTO and the National Telecommunications and Information Administration (NTIA).
The goal of the multistakeholder forum is to identify best practices and/or produce voluntary agreements for improving the operation of the DMCA notice and takedown system. The IPTF plans to hold several additional meetings throughout the year. The initial meeting will focus on identifying concrete topics to be addressed by participants, and to discuss and make decisions about the process for the forum’s ongoing work. The IPTF aims to have participation from a wide variety of the notice and takedown system’s current users, including right holders and individual creators, service providers, and any other stakeholders that are directly affected – such as consumer and public interest representatives, technical and engineering experts, and companies in the business of identifying infringing content.
EDITORIAL NOTE: Many no doubt are familiar with Carl Oppedahl, who for the last 10+ years has been writing an e-mail based newsletter. Carl has now joined the ranks of the blogging community and has asked me to notify readers of his new blog. With that in mind, and with Carl’s permission, what follows is a republication of his first blog post, which published on February 21, 2014.
In our office we try to track pretty closely the status of the cases that we have put on the Patent Prosecution Highway. It is a rare PPH case that reaches its first Office Action without at least one problem within USPTO that requires us to poke the USPTO. Today one of our PPH cases presented a problem that we had not seen before — a big delay in examination because the USPTO misclassified the case.
This case had been made Special on the Patent Prosecution Highway in October of 2013 because of a favorable Written Opinion from a PCT Searching Authority. For a Special case, USPTO’s case management system normally starts ringing an alarm on the Examiner’s desk after a couple of months. So we should have seen an Office Action at least a month ago, maybe two months ago. But that only works if the case has been assigned to an Examiner. Often the USPTO first assigns the case to a SPE and then it is left to the SPE to figure out which Examiner in the SPE’s art unit should actually examine the case. This case got assigned to the SPE in a particular art unit. Let’s call him “SPE V”. It seems that SPE V decided that this case had been misclassified and should not have gone to his art unit. So he tried to get rid of it.
The Myriad/Mayo guidelines include an example that discusses the patent eligibility of a purified amazonic acid. The USPTO guidelines read as follows:
“The Amazonian cherry tree is a naturally occurring tree that grows wild in the Amazon basin region of Brazil. The leaves of the Amazonian cherry tree contain a chemical that is useful in treating breast cancer. However, to be effective, a patient must eat 30 pounds of the leaves per day for at least four weeks. Many have tried and failed to isolate the cancer-fighting chemical from the leaves. Applicant has successfully purified the cancer-fighting chemical from the leaves and has named it amazonic acid. The purified amazonic acid is structurally identical to the amazonic acid in the leaves, but a patient only needs to eat one teaspoon of the purified acid to get the same effects as 30 pounds of the leaves…”
The view of the USPTO now is that a claim to purified amazonic acid is not patent-eligible because there is no structural difference between the purified acid in the claim and the acid in the leaves, and the claim does not include features that demonstrate that the recited product is markedly different from what exists in nature. However the proposition that only a structural difference suffices and that differences e.g. in purity and utility do not suffice is derivable neither from the opinion in Prometheus nor from the opinion in Myriad. It is abundantly clear from study of the opinion in Myriad that the reasons why the BRCA1 gene claim did not survive were that the gene had been defined in terms of its informational content rather than its chemical structure, and that no new utility for the isolated full-length gene had been disclosed. Such an interpretation is wholly consistent with the concession made on behalf of the Petitioners in oral argument.
The USPTO announces two public hearings in March 2014 to receive feedback about proposed rules concerning the ownership of patents and applications (aka “attributable ownership proposed rules”). The public is invited to attend the hearings in person or via Webcast. Additionally, the public is invited to give testimony in person at the hearings and/or to submit written comments about the proposed rules. The deadline for requesting to give testimony has been extended to Wednesday, March 12, 2014, and the deadline for submitting written comments has been extended until Thursday, April 24, 2014.
The attributable ownership proposed rules require that the attributable owner, including the ultimate parent entity, be identified during the pendency of a patent application and at specified times during the life of a patent. More details about the attributable ownership proposed rules are available here: http://www.gpo.gov/fdsys/pkg/FR-2014-01-24/pdf/2014-01195.pdf
The United States Patent and Trademark Office (USPTO) is seeking to hire patent examiners for the Denver Satellite Office. There are openings currently for patent examiners with a computer engineering background, patent examiners with an electrical engineering background and patent examiners with a mechanical engineering background. For more information see USAjobs.gov.
On Friday March 7, 2014 and Saturday March 8, 2014, the USPTO will host a career fair at the Hyatt Regency Denver Convention Center downtown at 650 15th Street. The Office will hold ongoing information sessions and then meet with individuals who meet the basic Patent Examiner position requirements. Those who qualify will be encouraged to apply via USAJobs. Candidates cannot be officially considered for open positions without submitting a complete application.
Those wishing to attend the March 7 or March 8 career fair should register in advance because space is limited, particularly for the direct informational meetings with USPTO personnel. Walk-ins will be allowed to participate if space is available. To register CLICK HERE.
The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today announced that it will host a public forum to discuss the first-inventor-to-file (FITF) provisions of the America Invents Act (AIA). The forum marks the first anniversary of the implementation of FITF, and will be held on March 17, 2014, at the USPTO headquarters in Alexandria, Virginia. Deputy Under Secretary of Commerce for Intellectual Property and USPTO Deputy Director Michelle Lee, along with experts from the offices of the Deputy Commissioner for Patent Examination Policy and the Deputy Commissioner for Patent Operations, will participate in the event.
The public meeting will serve as an opportunity for USPTO subject matter experts and stakeholders to discuss the FITF provisions and updates since its implementation. The forum will begin with an informal meet-and-greet session, followed by remarks and a question and answer session with USPTO experts. Topics to be discussed include FITF statistics to date, how to know whether an application will be examined under FITF or not, and the exception provisions of the FITF statutory framework. The experts will present a variety of example scenarios to illustrate the FITF provisions.
Last week the Obama Administration announced a series of new Executive Actions and updated the industry on progress relating to previous Executive Actions relative to the patent system. See White House Announces Patent Related Executive Action. One of the line items in this announcement related to the creation of a Frequently Asked Questions (FAQ) section on USPTO.gov. Essentially, the White House announced the launch of what they refer to as an “online toolkit” aimed at answering common questions and providing information about patent lawsuits. The aim of this section of USPTO.gov is apparently to help consumers understand the risks and benefits of litigation or settlement so they can pick their best course of action.
Several things jump out at you when you visit this section of USPTO.gov, which is labeled as a BETA. First, although the section of the website falls under “litigation” and is found at uspto.gov/patents/litigation, all of the information is aimed at accused infringers, giving them advice about what they can and should do. Nowhere do I see any information or links to helpful resources that would be useful for the many hundreds of thousands of patent owners who routinely have their rights infringed, sometimes willfully. No, this “help section” is purely intended to provide help to those accused of infringement as if they are all victims.
It is almost incomprehensible that the Patent Office would put together a litigation resource that ignores the reality that many companies, both large and small, trample on the rights of innovators who have spent large amounts of time, money and energy to receive a patent and disclosing their innovation to the world. Indeed, the inconvenient truth is that many innovators simply do not have the resources to enforce their legitimately obtained and examined patents. Many of those innovators make up the backbone of the U.S. economy and in large part embody the American Dream. Yet, the Patent Office only offers a one-sided help section that gives advice to infringers and sets a tone that comes across as anti-patent and anti-patent owner. This strikes me as fundamentally misguided and clearly demonstrates the anti-patent bias of the Obama Administration.
How to Write a Patent Application is a must own for patent attorneys, patent agents and law students alike. A crucial hands-on resource that walks you through every aspect of preparing and filing a patent application, from working with an inventor to patent searches, preparing the patent application, drafting claims and more.
Without hesitation I recommend One Simple Idea and think it should be required reading for any motivated inventor. There is so much to like about the book and so much that I think author Stephen Key nails dead on accurate. The book is educational, information and inspirational. For the $14 cover price it is essential reading.
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