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Posts Tagged: "efs"

USPTO Director Lee sued for declaring federal holiday, allowing IPR filing after statutory deadline

It was only going to be a matter of time before Director Lee declaring a federal holiday without any statutory authority came back to haunt the USPTO. Here the defendants were served with the complaint on December 24, 2014, which means any IPR had to be filed on or before Thursday, December 24, 2015. The defendants filed their IPR petitions on Monday, December 28, 2015. The patent owner argues in a recently filed federal complaint that the IPR petitions would be considered untimely but for Director Lee declaring December 22-24, 2015, federal holidays due to the catastrophic failure of the USPTO’s electronic filing systems.

An Exclusive Interview with USPTO Director Michelle Lee

There were no topics ruled out of bounds for this 30 minute interview, not even the Supreme Court’s recent decision to accept cert. in Cuozzo, although as an attorney myself I know better than to ask questions that would have certainly provoked a polite “no comment” response in the face of ongoing litigation. Nevertheless, our conversation was wide ranging. We discussed the release of the Copyright White paper, which among other things recommends expanding eligibility for statutory damages in copyright infringement actions. We also discussed Lee’s recent visit to the Consumer Electronics Show (CES), the power outage that brought down USPTO electronic filing systems, the Office’s patent quality initiative, the new patent classification system, the Patent Trial and Appeal Board (PTAB) and more.

The USPTO Director can legally extend filing deadlines for emergencies

In retrospect, the proper thing for Director Lee to have done would have been to declare an emergency under the powers vested in her by 35 USC 21(a). Under §21(a) the Director of the USPTO can declare that a paper was filed on a day that it would have been filed but for a disruption in mail service or emergency. The net effect is that the filing is treated the same as under the Saturday, Sunday or Federal holiday rule. It would be wise for the Patent Office to issue a clarification on this matter, explaining that Director Lee declared an emergency under §21(a) of Title 35 and did not attempt to create a new federal holiday in honor of a catastrophic power outage.

USPTO experiences catastrophic failure of electronic patent and trademark systems

On December 22, 2015, at approximately 7:00 pm, the USPTO experienced a catastrophic failure of electronic information systems due to what is being called a major power outage at the Office’s headquarters in Alexandria, Virginia. Could a power outage be responsible for electronic filing systems and information systems being down for nearly a week? Yes, it is certainly possible, but if you read between the lines it seems to me that the USPTO does not definitively know what happened or why. Given the importance of the USPTO electronic systems why didn’t the USPTO have real, robust, and redundant contingency plans? Why did they choose not to answer questions? The one question I specifically posed was whether the Office could confirm that no information or files were lost. I have not yet received an answer to that question.

USPTO Systems Maintenance on December 5th

Due to maintenance required on USPTO systems, access to Public PAIR, Private PAIR, EFS-Web and EFS-Web Contingency will be unavailable beginning 12:01 a.m. and ending at 11:59 p.m. Saturday, December 5th ET.

Google Chrome to discontinue Java support, prevents access of USPTO resources

This change to the Chrome browser system is one of which U.S. patent applicants will want to be aware because of its impacts to some of the digital resources made available by the U.S. Patent and Trademark Office. Both EFS-Web, the USPTO’s online patent application and document submission tool, and Private PAIR, a secure portal for learning the status of a patent application, utilize Java programming script for authenticating users when they sign in to those services. The USPTO has posted guidance from Oracle Corporation (NYSE:ORCL) recommending the use of alternative browsers such as Firefox, Safari and Internet Explorer to access these services in the future.

Jave 8 May Not Be Compatible with EFS and Private PAIR

Oracle’s first version of Java 8 will be released on Tuesday, March 18, 2014. If 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.

IP News & Notes: CLS Bank, Inventor Expo, PAIR & More

Starting January 15, 2014, some EFS-Web and Private PAIR users experienced issues when authenticating to the system… The Supreme Court will hear oral arguments in Alice Corp. v. CLS Bank on March 31, 2014.  This case is being briefed on the merits right now, and Trading Technologies is looking for parties interested in sighing onto their brief in support of software patents… South Florida Inventor Expo – This annual event will include programming that will help inventors learn how others promote their products… Ray Millien joins GE Healthcare as Senior IP Counsel.

PTO eFiling Modernization & Next Generation Fee Processing

Hearing from our online filers will assist us in gathering requirements, creating functional designs, and evaluating product releases. We will hold focus sessions to discuss the proposed process changes. We want to hear your thoughts on how the patent application process can work for you, identify any concerns, and work towards resolutions to create a user-friendly text-based filing system. We look forward to the opportunity to work with you. To participate in these focus sessions or for additional information please send an email to efilingmodernization@USPTO.GOV.

EFS Warning! Patent Office Not Ready for Java Update

Consider the title of this article a very mild way of stating my frustration with the Patent Office. Yesterday, as I was trying to file a simple document using the Patent Office’s Electronic System, I kept getting an authentication error when I was trying to log on. I could not figure it out. I know that my digital certificate is up to date and I know that I had the right password. What in the world could possibly be wrong?

President Obama Calls USPTO Filing System “Embarrassing”

Earlier today President Barack Obama, perhaps with the best of intentions, demonstrated that he is not all that familiar with the United States Patent and Trademark Office and how they handle patent applications. The short of it is that what President Obama said to tech executives was wrong on the facts, but at least partly correct in spirit. Essentially, President…