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Posts Tagged: "pto"

Federal Circuit Review – Issue 58 – July 10, 2015

In this issue of the Federal Circuit Review: (1) Damages for Lost Profits May Not Be Based On Extraterritorial Services Performed by an Infringer’s Customers Under § 271(f); (2) Federal Circuit Invalidates Claims Under the On-Sale Bar for Commercial Exploitation of the Invention Before the Critical Date; and (3) The PTO’s 180-Day Filing Deadline of the Optional Interim Procedure for PTA Reconsideration Request Is Not Arbitrary and Capricious.

Michelle Lee on patent quality, IPR and trade agreements

During our interview Lee explains that she is supportive of expanding trade agreements currently under consideration in Congress, that she looks forward to working on patent quality and receiving feedback from stakeholders on how the Office can better address patent quality, and she explained that the Office was pleased with the recent Federal Circuit ruling in In re Cuozzo Speed Technologies, which is the first appeal of a final decision of the Patent Trial and Appeal Board (PTAB) in an Inter Partes Review (IPR) proceeding.

False Distinctions Between Hardware and Software Patents are Not the Answer

From an end-user’s perspective, it shouldn’t matter whether the normalization is done in hardware, in software or in a combination of hardware and software. And from the perspective of an interface designer, one would expect to be able to protect an invention that takes raw data from human input and causes a computer to scroll “intuitively” irrespective of whether implemented in hardware, software or a combination thereof. But therein lies our current §101 case law predicament.

Bringing Digital Government to the Patent Office

In order to file an application or view outgoing correspondence online, the practitioner must authenticate using a private certificate and password. The process relies on an antiquated browser plugin, Java, that has not been welcomed into the new operating systems that power modern smartphones and tablets. As a result, mobile prosecution is possible only through a traditional operating system running on a laptop or netbook. To rectify the situation, the PTO will need to break its dependence on browser plugins and on the proprietary authentication system it has licensed from Entrust. Rather than license another proprietary system, the agency should follow WIPO’s example and adopt a standard certificate format compatible with modern browsers’ built-in authentication capabilities.

PTO Lays Out Ambitions 2011 Agenda at IPO Conference

At lunch Director Kappos explained that the goal for fiscal year 2010, which ended on September 30, 2010, was to get the backlog down to 699,000 — dubbed “project 699.” The Office was not successful, but Kappos says they will get well below 700,000 for fiscal year 2011, perhaps as low as a backlog of 650,000. Kappos’ immediate follow-up: “I say that as Commissioner Stoll starts to choke at me saying that.” Indeed, there are ambitious goals at the USPTO for FY 2011, including a move to unity of invention.

PTO Kills Invention Promotion Business

UPDATE: See Sadly, Invention Promotion Alive & Well The United States Patent and Trademark Office has announced that it is adopting new rules relating to a variety of issues that impact who can engage in representation of clients before the PTO, both on the patent and the trademark side of the Office. These new rules, which will go into effect…

Independent Inventors Conference @ PTO

The 13th annual Independent Inventors Conference will be held on the campus of the United States Patent and Trademark Office (USPTO) in Alexandria, Virginia August 8-9. A pre-conference workshop, for anyone interested in learning about the basics of patents and the importance of intellectual property protection, will be held on August 7 from 5 to 7 p.m. The workshop is…