This column highlights some of the more notable recent internet notices, newsletters and blogs dealing with IP prosecution issues.
Patently-O – a blog written by Dennis Crouch – www.patentlyo.com .
- In the June 9, 2016 post, Professor Crouch presented a list of USPTO six new patent
quality studies:
(Details here.) deviation of 35 U.S.C. § 101 rejections from official guidance; application of 35 U.S.C. § 101 across art units and technology centers; compact prosecution when 35 U.S.C. § 101 rejections are made; motivation statements in 35 U.S.C. § 103 rejections; enforcement of 35 U.S.C. § 112(a) written description in continuing applications; and consistent treatment of claims after the May 2014 35 U.S.C. § 112(f) training. (Details here.) - On June 17, 2016, Professor Crouch provided a chart demonstrating data on the number
of patents with certificates of correction. Details here. - The June 21, 2016 post discussed Immersion Corp v HTC Corp (Fed Cir., June 21, 2016) (PDF HERE) wherein the court agreed with the USPTO interpretation of 35 U.S.C. § 120 that a continuation application may be filed on the same day as the patent issues. (Details here.)
The IP Law Blog – a blog providing counsel a forum to discuss IP strategies.
- A June 21, 2016 post discusses the situation in which the Patent Trial and Appeal Board (PTAB) and District Courts apply different claim construction standards click here.
IPWatchdog – a patents and patent law blog.
- A post by Audrey Ogurchak on June 7, 2016 discussed the history of laches in patent law. (Details here).
- A June 23, 2016 post by David Cole discussed a proposal by former USPTO Director David Kappos to remove Section 101 from the Patent Act. (Details here).
- In the July 12, 2016 post Gene Quinn critiques the USPTO’s new Post-Prosecution Pilot Program (“P3”). (Details here).
- On July 12, 2016 the USPTO sent an email message announcing a new Post-Prosecution Pilot Program (“P3”). This program allows a utility patent applicant to submit a proposed after final amendment to be considered by a panel of examiners, along with a presentation to the examiners (in-person or by telephone). The P3 program runs until January 12, 2017 and each technology center will accept no more than 200 program requests. More information may be found at the Federal Register Notice (PDF here), and at the USPTO Director’s Blog.
Miscellaneous –
- The Chisum Patent Academy holds an upcoming patent law seminar in Seattle, Washington on August 4-5, 2016 and August 8-9, 2016 (two identical seminars). There will be two seminars in Washington, D.C. on September 29-30 and October 3-4, 2016 respectively (two identical seminars). There are a possible 18 CLE credits for these seminars. Each seminar is limited to ten attendees.More info here.
For more information about any of the patent topics mentioned consult Patent Application Practice. Trademark topics are discussed in Trademark Registration Practice. Both are published by West and updated twice a year. For litigation questions, contact Fred Douglas at 949-293-0442 or by email at fdouglas@cox.net.