Information Filled Under 'uspto' Category
Measuring Pendency and Allowance Rate – The Role of RCEs Wednesday, September 8th, 2010
I like the fact that the USPTO appears to be moving away from its fictional notion that a request for continued examination (RCE) should be counted as an abandoned and then re-filed patent application. Over the past few years, the PTO’s official statistics on pendency and allowance-rate both relied on RCE counts. As a consequence, both figures were artificially depressed. In its new Patent Dashboard , the USPTO provides the traditional measures (counting an RCE as an abandonment) and the more relevant measures that treat an RCE filing as part of ordinary patent prosecution. Data for August 2010 Allowance Rate (applications allowed divided by disposals) Pendency (Filing date to disposal, not counting priority claims) Traditional : RCE Filing treated as a Disposal and a New Application Filing
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Measuring Pendency and Allowance Rate – The Role of RCEs
In a guest column, a few venture capitalists counter a New York Times op-ed that argued the US Patent and Trademark Office would create more jobs if it granted more patents. That logic is flawed and biased, these investors say.
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Want to Create Jobs? Certainly Don't Rely on the USPTO – Venture …
Per this recent post at the Director’s Forum: David Kappos’ Public Blog, the USPTO has just launched a beta version of a Data Visulation Center that introduces the patents dashboard. The patents dashboard is a tool that provides data …
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USPTO Data Visualization Center. « Anticipate This!™ | Patent and …
The USPTO is trialling a new tool that provides very easy to digest statistics relating to issues such as pendency, the backlog and quality. The Data Visualization Center uses a series of speedometer like graphics to provide information on: first office action pendency; traditional total pendency; the overall backlog; fiscal year production; actions per disposal; the number of examiners at the office; and allowance rates. USPTO boss David Kappos talks about it all on his Director’s Forum blog.
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BLOG: New USPTO stats tool reveals allowance rate is still below 50%, but on the rise
“We have just launched the beta version of a USPTO Data Visualization Center on our Web site thatintroduces the patents dashboard. This tool will give the public access to traditional measures of pendency as well as several new pendency …
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USPTO Debuts New 'Data Center' – Inventors Digest – The Invention …
Although the Board of Patent Appeals (BPAI) is working harder than ever, its backlog continues to rise. The first chart below shows the BPAI’s inventory of undecided appeals in ex parte cases. This only includes fully-briefed appeals whose dockets have been transferred to the BPAI and does not include the thousands of other applications where awaiting briefing.
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Board of Patent Appeals
The USPTO has released a set of updated examination guidelines on the core patentability issue of obviousness. The 18–page guidelines do not have the force of law, but will impact how examiners judge obviousness in practice.
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USPTO Guidelines for Determining Obviousness – Patent Law Blog …
The USPTO has released a set of updated examination guidelines on the core patentability issue of obviousness. The 18–page guidelines do not have the force of law, but will impact how examiners judge obviousness in practice.
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USPTO Guidelines for Determining Obviousness
Dear Law Review Editors : Please send me a note ( dcrouch@patentlyo.com ) to let me know about patent law focused articles that you publish in your journal so that I can highlight them on Patently-O. Student Note Topics : Here are some suggestions for patent law focused law review topics for 2010-11 that I would like to see for my own edification.
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Law Review Case Note Topics for 2010-2011
The LES is expecting over one thousand of the world’s leading intellectual property (IP), licensing and business development professionals a the upcoming Licensing Executives Society (USA & Canada), Inc., Annual Meeting at the Chicago Sheraton Hotel & Towers September 26-29.
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Licensing Executives Society Annual Meeting in Chicago: Sept. 26-29
Barely a year after her appointment as the United States Patent and Trademark Office ( USPTO ) Administrator for Policy and External Affairs, Arti Rai has resigned her position and will go back to a faculty position at Duke University Law …
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Intellectual Property Watch » Blog Archive » Changes At USPTO …
By Dennis Crouch In a split decision, an en banc Federal Circuit has held that the non-statutory equitable doctrine of patent misuse should be narrowly applied. Here, the court held that an anticompetitive agreement between companies to suppress a given technology would not constitute misuse of a patent covering an alternative technology being promoted by the companies. Thus, the patents can still be enforced
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Federal Circuit Holds-Line on Patent Misuse Defense
by Thomas G. Field, Jr., Professor, University of New Hampshire (UNH) School of Law (formerly Franklin Pierce Law Center) There is much ado about generalist and specialty law school rankings, but it is difficult to understand why they should make much difference in hiring new, much less experienced, patent lawyers. Technical training figures prominently too, but that is difficult to factor in
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Guest Post: Keys to Hiring Newly-Minted Patent Lawyers
Hal Wegner has just broke the news that Arti Rai , Administrator for External Affairs, is leaving the PTO to an unspecificed position that has not been announced by the government. As Administrator for External Affairs, Rai served as a policy adviser to the Under Secretary of Commerce for Intellectual Property and oversaw the office’s work with Congress on major legislation to reform patent law and practice, coordinate informational and educational events on piracy and counterfeiting, and implementing international intellectual property treaties.
Conducting a ‘Due Diligence’ on an Indian Patent before it goes to Litigation Thursday, August 26th, 2010Given the fact that most patent litigation before High Courts is usually handled by lawyers who are normally not involved at the stage of patent prosecution, I thought it would be interesting to start of a discussion on how best to conduct a ‘due-diligence’ on a patent before taking the decision to take it to litigation. The contents of this post are absolutely basic and chances are that most practicing lawyers already know about it
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Conducting a ‘Due Diligence’ on an Indian Patent before it goes to Litigation
Yesterday’s post included a cumulative frequency chart that some readers found confusing.
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Patent Attorneys and Agents: Years of Hands-On Technical Experience Before Focusing on Patent Law
By Donald Zuhn — USPTO and ROSPATENT Begin Patent Prosecution Highway Pilot Program On Monday, the US Patent and Trademark Office announced that it had agreed to partner with the Federal Service for Intellectual Property, …
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Patent Docs: USPTO Continues to Expand Patent Prosecution Highway
Tom Field and his co-authors have been kind enough to make their patent practitioner background database available to the public [ Download 5mb database ]. Their data is based on the registration applications that hopeful patent attorneys & agents submitted to the PTO.
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Backgrounds of Registered Patent Practitioners
The count of patents granted each week continues to remain at an all-time-high. If the trend continues for the last three months of the year, the USPTO will likely issue more than 220000 utility patents for the year — 50000…
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USPTO Patent Grant Numbers – Patent Law Blog (Patently-O)
Catching up on everything that has happened over the last three weeks it looks like the big story was the US Congress’s decision to allow the USPTO to spend an extra $129 million of the money it will raise during this financial year. President Obama signed the legislation into law on 10th August
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BLOG: USPTO gets extra funds as Tessera CEO shows what top class PR can achieve
Kevin Collins has written a new Patently-O Patent Law Journal essay discussing the recent decision in King Pharmaceuticals .
A Trademark Justification for Design Patent Rights Wednesday, August 11th, 2010I have posted a new draft-article to SSRN entitled A Trademark Justification for Design Patent Rights . The article is currently in the editing process and will hopefully be published later this year in the Harvard Journal of Law & Technology . As the title suggests, I argue that trademark theory offers the best modern justification for ongoing design patent rights.
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A Trademark Justification for Design Patent Rights
By Dennis Crouch Briefing continues in the en banc appeal of TheraSense (Abbott) v. BD and Bayer . That case stems from a district court finding that the TheraSense patent was unenforceable due to inequitable conduct during prosecution of the patent.
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TheraSense v. BD: Briefs on the Merits
Judge Paul Michel and Hank Nothhaft (Tessera CEO) have written an important OP-ED for the New York Times. They argue that an important way for the US government to stimulate entrepreneurship and job growth is by giving the USPTO a large bolus of money ($1 billion) to put its affairs in order: This would enable the agency to upgrade its outmoded computer systems and hire and train additional examiners to deal with the threefold increase in patent applications over the past 20 years.
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Michel & Nothhaft: Inventing Our Way Out of Joblessness
So the USPTO is asking for public comment on what they came up with for their understanding. They want to hear from the public by September 27, and they provide some specific questions and a list of factors examiners are to consider …
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Linux Today – USPTO Asks for Comments on New Interim Guidance on …
Kappos decision in which the U.S. Supreme Court held that business methods are not per se unpatentable, the USPTO has published a set of Interim Guidance for Determining Subject Matter Eligibility of Process Claims for patent …
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USPTO issues guidance for patent subject matter eligibility after …
By Sydney Kokjohn — Last week, the US Patent and Trademark Office celebrated the one-year anniversary of its e-Office Action (e-OA) program. So far, the program has electronically notified patent applicants on more than 850000 Office …
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Patent Docs: USPTO Celebrates One-Year Anniversary of e-Office Action