On October 21, 2013, the USPTO published Changes to Implement the Patent Law Treaty which will implement some revisions to the rules of practice before the USPTO that may help some recover patent rights in some situations so are worth reading. Here is the summary that the USPTO provided:
"The Patent Law Treaties Implementation Act of 2012 (PLTIA) amends the patent laws to implement the provisions of the Hague Agreement Concerning International Registration of Industrial Designs (Hague Agreement) in title I, and the Patent Law Treaty (PLT) in title II. The PLT harmonizes and streamlines formal procedures pertaining to the filing and processing of patent applications. This final rule revises the rules of practice for consistency with the changes in the PLT and title II of the PLTIA. The United States Patent and Trademark Office (Office) is implementing the Hague Agreement and title I of the PLTIA in a separate rulemaking.
The notable changes in the PLT and title II of the PLTIA pertain to: The filing date requirements for a patent application; the restoration of patent rights via the revival of abandoned applications and acceptance of delayed maintenance fee payments; and the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application.
This final rule also revises the patent term adjustment provisions to provide for a reduction of any patent term adjustment if an application is not in condition for examination within eight months of its filing date or date of commencement of national stage in an international application, and contains miscellaneous changes pertaining to the supplemental examination, inventor’s oath or declaration, and first inventor to file provisions of the Leahy-Smith America Invents Act (AIA)."
Copyright © 2013 Robert Moll. All rights reserved.
Showing posts with label inventor declarations. Show all posts
Showing posts with label inventor declarations. Show all posts
Wednesday, October 30, 2013
Tuesday, January 15, 2013
America Invents Act - USPTO's AIA Blog - Guidance on Patent Prosecution
If you want guidance on the nuts and bolts of patent prosecution under the America Invents Act (AIA), you should visit the AIA Blog of the United States Patent and Trademark Office.
Copyright © 2013 Robert Moll. All rights reserved.
Copyright © 2013 Robert Moll. All rights reserved.
Thursday, September 6, 2012
America Invents Act - USPTO Q&A Final and Proposed Rules
If you have questions regarding the America Invents Act (AIA) you may want to attend the free USPTO Webinar on the final and proposed rules 12:30 - 1:30 pm ET, Friday, September 7, 2012.
Director David Kappos, Commissioner for Patents Peggy Focarino, GC Bernard Knight, Chief Judge James Smith, and Lead Judge Michael Tierny will answer questions regarding the inventor's oath/declaration, preissuance submissions, supplemental examination, post grant review, and inter partes review.
Here's what you need to attend:
Event number: 990 842 706
Event password: 123456
Event link for attendees: USPTO Webinar on Final and Proposed Rules
Copyright © 2012 Robert Moll. All rights reserved.
Saturday, April 21, 2012
Public Comments on the USPTO's Proposed Rules to Implement the America Invents Act
The USPTO published 374 public comments on the proposed rules to implement the America Invents
Act (AIA):
The USPTO also published 24 comments in response to the PPAC hearings on the proposed patent fees.
- Inter Partes Review
- Post-Grant Review
- Transitional Program for Covered Business Method Patent Review
- Definition of Technological Invention
- Derivation Proceedings
- Umbrella Administrative Trial Rules and Practice Guide
- Genetic Diagnostic Testing
- Statute of Limitations Provisions for Office Disciplinary Proceedings
- Patent Public Advisory Committee Public Hearings on the Proposed Patent Fee Schedule
- Satellite Offices for the Nationwide Workforce
- Supplemental Examination and Revision of Reexamination Fees
- Inventor's Oath or Declaration
- Preissuance Submissions by Third Parties
- Post Patent Provisions
- Leahy-Smith America Invents Act Implementation
The USPTO also published 24 comments in response to the PPAC hearings on the proposed patent fees.
Saturday, March 31, 2012
AIPLA - Comments on the America Invents Act
The American Intellectual Property Law Association (AIPLA) is the largest organization of IP lawyers in the US. When I joined the "P" in AIPLA stood for patents and it was the largest organization of patent attorneys. Shortly, after AIPLA realized some members handled other intellectual property matters such as copyrights, trademark, trade secrets, and unfair competition and changed the meaning of "P" to property, leaving the acronym intact, but diluting the patent focus.
Anyway, the AIPLA's website, publications, email alerts, and conferences keep members abreast on changes in the law. Because it is still very much a group of patent attorneys, the AIPLA has focused on the proposed rules and fees to implement the America Invents Act (AIA). The AIPLA has many members who focus on patent law, and presents fair, balanced, and workable comments. It may not be fun to read AIPLA comments, but it is still worth the time if you want an early look at what may be the final PTO rules and fees.
I have listed links to AIPLA comments on the proposed rules and fees to implement the AIA:
Fee setting authority
Statute of limitations for Office discipline
Changes to the inventor's oath or declaration
Preissuance submissions of prior art by third parties
Citation of patent owners' written statements regard claim scope and estoppel on ex parte reexamination requests by third parties
Supplemental examination and revised reexamination fees
Copyright © 2012 Robert Moll. All rights reserved.
Anyway, the AIPLA's website, publications, email alerts, and conferences keep members abreast on changes in the law. Because it is still very much a group of patent attorneys, the AIPLA has focused on the proposed rules and fees to implement the America Invents Act (AIA). The AIPLA has many members who focus on patent law, and presents fair, balanced, and workable comments. It may not be fun to read AIPLA comments, but it is still worth the time if you want an early look at what may be the final PTO rules and fees.
I have listed links to AIPLA comments on the proposed rules and fees to implement the AIA:
Fee setting authority
Statute of limitations for Office discipline
Changes to the inventor's oath or declaration
Preissuance submissions of prior art by third parties
Citation of patent owners' written statements regard claim scope and estoppel on ex parte reexamination requests by third parties
Supplemental examination and revised reexamination fees
Copyright © 2012 Robert Moll. All rights reserved.
Monday, March 19, 2012
PTO America Invents Act Roadshow - Videos and Slides
The PTO America Invents Act (AIA) team recently finished its roadshow on the proposed PTO rules. It visited Alexandria, Boston, Chicago, Dallas, Fort Lauderdale, Salt Lake City, and Sunnyvale, California on the dates below. If you didn't attend, the PTO has given links to videos of the programs as presented in Alexandria, VA and Sunnyvale, CA as well as links to slides in all the cities:
- Opening
Remarks
- Patents:
Pre-issuance Submission and Inventor’s Oath/Declaration
- Patents:
Miscellaneous Post Patent and Supplemental Examination
- Board:
Specific Rules for Post Grant Review, Inter Partes Review, Covered
Business Method Review, and Derivation
- Board:
Umbrella Rules
- Closing Remarks
AIA Roadshow Slides
- Alexandria, VA
(February 17, 2012)
- Sunnyvale, CA (February
24, 2012)
- Salt Lake, UT (February
27, 2012)
- Dallas, TX (February
29, 2012)
- Ft.
Lauderdale, FL (March 2, 2012)
- Boston, MA (March,
5, 2012)
- Chicago, IL (March
7, 2012)
Copyright © 2012 Robert Moll. All rights reserved.
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