Posts in IP News

Does My Degree Qualify Me to Take the Patent Bar?

Some of the most popular pages month after month on IPWatchdog.com are our Patent Bar information pages, and given that I teach for the PLI Patent Bar Review Course we get a lot of e-mail inquiries regarding the patent bar examination.  Pretty much every week we hear from individuals who are interested in becoming patent agents or patent attorneys, and…

Work in Progress: Navigating the New USPTO Website

Recently I went to USPTO.gov and like many others noticed that the United States Patent and Trademark Office has launched its new website. You may recall that on August 31, 2009, the beta test release of its new website design, which was redesigned to improve the look and feel, as well as to enhance the user experience with improved navigation.…

Happy Birthday to Us! IPWatchdog.com turns 10!

It is almost difficult to believe that 10 years ago today IPWatchdog.com first launched.  At the time I was living in Orlando, Florida, and had just embarked upon what I had hoped would be a career as a full-time law school professor.  Things didn’t quite go according to plan on that front, but through all my travels, teaching at various…

Kappos Rescinds Claims & Continuations Rules, What Next?

By now most are likely aware of, or rapidly becoming aware of, the fact that the United States Patent and Trademark Office has finally done the right thing and has scrapped the claims and continuations rules that have divided the patent community for the last 26 months.  It is impossible not to recognize the new and refreshing tone set by…

Minority Report: Task Force on IP & Genetic Testing

Yesterday, the Task Force on IP and Genetic Testing submitted its Final Draft Report (titled Final Draft Report on Gene Patents and Licensing Practices and Their Impact on Patient Access to Genetic Tests) to the Secretary’s Advisory Committee on Genetics, Health, and Society (SACGHS). SACGHS, in turn, voted to accept the recommendations, which will be passed on to Secretary Sebelius,…

HHS Assault on Gene Patents and Diagnostic Methods

UPDATED: 7:19pm on 10/8/2009 Today the Task Force on IP and Genetic Testing submitted its Final Draft Report (titled Final Draft Report on Gene Patents and Licensing Practices and Their Impact on Patient Access to Genetic Tests) to the Secretary’s Advisory Committee on Genetics, Health, and Society (SACGHS). SACGHS, in turn, voted to accept the recommendations, which will be passed…

USPTO Agrees to Withdraw Claims & Continuations Rules

PRESS RELEASE: GlaxoSmithKline (NYSE: GSK) today announced that it has reached agreement with the United States Patent and Trademark Office (USPTO) to join the USPTO’s motion to dismiss its litigation over Final Regulations published in August 2007 (Triantafyllos Tafas and SmithKline Beecham Corporation, SmithKline Beecham PLC and Glaxo Group Limited vs. David J. Kappos and the United States Patent and…

Obama Administration: The Harmonization Capitulation

If you have not already read the letter from Commerce Secretary Gary Locke to Senator Patrick Leahy (Chair of the Senate Judiciary Committee) and Senator Jeff Sessions (Ranking Republican Member), you absolutely need to read it to comprehend the massive changes the Obama Administration is supporting with respect to patent reform.  It would be difficult to over exaggerate the magnitude…

Patent Reform: Obama Favors Major Changes to Patent Law

There has been something brewing for at least a couple weeks now on the patent reform agenda, and I have been trying to make sense of it all.  I am not sure I have my head wrapped around it yet, but the Wall Street Journal (via Dow Jones Newswire) is reporting that President Barack Obama is placing his support behind…

Obama Friend Appointed to be Deputy at USPTO

On Friday, October 2, 2009. U.S. Commerce Secretary Gary Locke appointed Sharon Barner to the post of deputy director of the U.S. Patent and Trademark Office (USPTO). Milwaukee Journal Sentinel reporter John Schmid reported yesterday that in a telephone interview with Barner she explained that she is a long time associate of President Barack Obama, knows him personally and has…

Beware the Anti-Patent Misdirection and Lies

Anyone who has been reading IPWatchdog.com over the last several days knows that anti-patent advocates have been lambasting me for taking the position that patents are not evil and that more than a 0 year patent term is appropriate.  This debate was progressing about as well as you could expect I suppose.  I was making arguments and the anti-patent advocates…

Why All Small Businesses Need Software Patents

The reason giant companies hate patent trolls is because they are not capable of being counter-sued. There is no deterrent effect because patent trolls do not make, use or sell anything, they just sue. So giant companies are targets in the same way that smaller companies without patents are targets of big companies with patents. No one should aspire to be a target. A simple truth is that a small business without patents might as well dress themselves up as a buck during hunting season complete with a bulls-eye pre-drawn. So here is the case for every business to get patents, particularly software patents. Ignore it if you like, but you do so at your own peril.

Rules for Working With a Patent Attorney

This article was written for the United Inventors Association Newsletter and is reprinted here with permission.  Sign up to receive the free UIA weekly newsletter. ******************************** Over the years I have received quite a number of e-mail inquiries and telephone calls from inventors who are looking for information and advice, perhaps even representation. Typically, the initial communication starts off with…

Patent Office Proposes Changes to Examiner Quota System

David Kappos, the Director of the United States Patent and Trademark Office, unveiled yesterday a series of proposals to bring significant change to the examiner “count system” – the methodology for determining the time a patent examiner has to complete a patent examination and how much credit is given for each stage of an examination. In the past I have…

Responding to Critics: My View on Patents & Innovation

I seem to have started a firestorm by writing a post openly questioning how a patent attorney (i.e., Stephan Kinsella) could be of the opinion that it is preferable to have weak patent rights.  I openly questioned how and why any individual or corporation would hire a patent attorney who does not believe in the patent system and seems to…

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