Saturday, October 31, 2015

WSJ - Supreme Court to Consider Standard for Increased Damages for Willful Infringement

The US Supreme Court opinions in the last decade have made life let's call it more challenging for patent owners. I have no reason to expect this to change soon, but now the WSJ reports the "Supreme Court is jumping back into the world of patent law, this time to decide whether to make it easier for patent holders to win increased damages when someone willfully infringes their inventions." But since it involves a chance to reverse the Federal Circuit which vacated damages for willful infringement, who knows!

See WSJ article: The Supreme Court to Consider Patent Damages, New Electricity Case

Copyright © 2015 Robert Moll. All rights reserved.

PTAB - Extends Time for Comments for Proposed Amendments to Rules for AIA Trials to November 18, 2015

The USPTO has extended the period for comments on the proposed amendments to the rules governing practice for AIA Trials to November 18, 2015:

"The USPTO published a notice of proposed rulemaking in the Federal Register on August 20, 2015, seeking public comment on proposed amendments to the rules of practice for trials before the Patent Trial and Appeal Board. See Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board, 80 Fed. Reg. 50,720–47 (Aug. 20, 2015).

The USPTO initially indicated that written comments must be received on or before October 19, 2015. In view of stakeholder requests for additional time to submit comments on the proposed amendments to the rules of practice for trials, the USPTO is now extending the period for public comment until November 18, 2015.

Any comments on the proposed amendments to the rules of practice for trials must be emailed to Trialrules2015@uspto.gov, and must be received on or before November 18, 2015.

More information about trials under the America Invents Act before the Patent Trial and Appeal Board is available at www.uspto.gov/patents-application-process/patent-trial-and-appeal-board/trials."

Copyright © 2015 Robert Moll. All rights reserved.

USPTO - Manual of Patent Examining Procedure (MPEP), 9th Edition, Revision 07.2015 - Published on October 29, 2015

Today, the USPTO announced it has published new revisions to the MPEP:

"On October 29, 2015, the USPTO issued the Ninth Edition, Revision 07.2015, of the MPEP, which incorporates changes to the laws, rules, and practice necessitated by, or made as a result of, the Patent Law Treaties Implementation Act of 2012 (PLTIA), Public Law 112-211, 126 Stat. 1527 (Dec. 18, 2012) as well as other revisions. The Hague Agreement Concerning International Registration of Industrial Designs as set forth in Title I of the PLTIA is effective as of May 13, 2015; the Patent Law Treaty Implementation as set forth in Title II of the PLTIA is effective as of December 18, 2013. For a listing of all the revised sections, see the “Change Summary” document that is posted as part of the MPEP."

Here is a link to the latest version of the MPEP.

This revision covering the Hague Agreement should help those seeking international design patents.

Copyright © 2015 Robert Moll. All rights reserved.

Friday, October 16, 2015

PTAB Hearings Locations - Alexandria, Detroit, Denver, and San Jose - In future Dallas

Today, the USPTO notified: "Patent Trial and Appeal Board (PTAB) hearings now take place in multiple USPTO locations across the United States. The hearing location is listed on correspondence from the PTAB. For America Invents Act trial hearings, refer to the Oral Hearing Order. For appeal hearings, refer to the PTAB’s Notice of Hearing.

Hearing locations include Alexandria, Virginia; Detroit, Michigan; Denver, Colorado; and San Jose, California. In the near future, hearings will also take place in Dallas, Texas.

If you have questions about hearing locations, contact the Hearing Operations Team listed on the hearing notice or call 571-272-9797."

Copyright © 2015 Robert Moll. All rights reserved.