Earlier, the United States Patent and Trademark Office (USPTO) opened the patent examination process for online public participation. With the consent of the inventor, the Peer-to-Patent: Community Patent Review pilot, developed by the New York Law School Institute for Information Law and Policy in cooperation with the USPTO, enables the public to submit prior art […]

The U.S. Supreme Court is being asked to review a decision in a patent case which questions what things are patentable, including software and business strategies.  The applicants have filed a Petition for Writ of Certiorari to the Supreme Court to appeal from the U.S. Court of Appeals for the Federal Circuit in In re […]

Scott Shane, Ph.D., Professor of Economics at Case Western Reserve University, wrote up a detailed report on why the changes in the way damages are calculated in patent infringement lawsuits being asked for in various patent reform bills is wrong-headed. As reformers have proposed to change the method of calculating damages from a common-law methodology […]

James Greenwood, President & CEO of the Biotechnology Industry Organization (BIO), wrote an open letter to President-Elect Obama for his ideas on reform for the U.S. Patent and Trademark Office. With more than 1.2 million patent applications pending before its more than 6,000 examiners, there is a sense that something needs to give. Notably, the […]

The U.S. Chamber of Commerce’s Global Intellectual Property Center (GIPC) released its thirty-page report on U.S. Patent and Trademark Office (USPTO) recommendations to President-elect Barack Obama, highlighting needed reforms to modernize the federal agency’s patent arm. The report focuses on intellectual property (IP) since the U.S. IP-intensive industries employ nearly 18 million workers, account for […]

The Ex Parte Appeal Rule which was set to go into effect December 10, 2008 is officially DELAYED.  The Rules will not go into effect tomorrow as originally posted.  A notice to be published in tomorrow’s Federal Register reads as follows: The proposed information collection request is currently under consideration for approval by OMB.  The […]

On June 10, 2008, the USPTO published new Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals (73 Fed. Reg. 32937-32977, June 10, 2008; Final Rule). The new rules apply to all appeals in which an appeal brief is filed on or after December 10, 2008. However, before these […]

Dear editor, Your blog at https://patentbaristas.com/archives/2008/12/05/new-uspto-patent-appeal-procedures-still-on-for-december-10-2008/#respond has a quote from an OMB spokesperson who was asked about the appeal rule’s review: “The Paperwork Reduction Act gives OMB 60 days to review agency information collections. While every effort is made to conclude reviews within this time-frame occasionally reviews take longer in order to gather and analyze […]