Patent Baristas

The United States Patent and Trademark Office (USPTO) published Examination Guidelines to help examiners make decisions regarding the obviousness (or lack thereof) of claimed inventions in light of the Supreme Court’s recent decision in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007). The USPTO announced the new guidelines saying: [P]atent examiners will continue […]

On August 21, 2007, the USPTO published its final rules limiting continuation practice (72 Federal Register 161 at 46716, “Rules and Regulations Changes To Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent applications; Final Rule”). USPTO’s assertion of statutory authorization would appear to be insufficient in […]

On August 21, 2007, the USPTO published its final rules limiting continuation practice (72 Federal Register 161 at 46716, “Rules and Regulations Changes To Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent applications; Final Rule”). Constraints on the USPTO’s ability to limit continuations In both the […]

On August 21, 2007, the USPTO published its final rules limiting continuation practice (72 Federal Register 161 at 46716, Tuesday, August 21, 2007 “Rules and Regulations Changes To Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent applications; Final Rule”). The original proposed rules (71 Federal Register […]

Chris Wong, project manager of Peer to Patent Project: Community Review, says the system must be made compulsory if it is to work. Currently the pilot project is only voluntary. The Peer to Patent Project allows people (theoretically) to send publications and materials to the US Patents and Trademarks Office (USPTO) that might be material […]

The Patent Office Professional Association (POPA) has weighed in on the patent reform fiasco and has sent a letter to the House Judiciary Committee and a letter to the Senate Judiciary Committee opposing the Patent Reform Act of 2007 (H.R. 1908/S. 1145) and provided a copy of POPA’s position paper on the legislation. POPA believes […]

Dr. Triantafyllos Tafas, represented by Kelley, Frye and Warren LLP filed a declaratory judgment action in the Eastern District of Virginia, arguing that the new continuation rules are null and void, and is also seeking a preliminary and permanent injunction prohibiting the USPTO from putting the new rules changes into effect. Dr. Tafas is an […]

Changes To Patent Practice (Pt. 1) Seeing applicants as just a bunch of bad boys and girls filing (and paying for, of course) just far too many applications (including both continuing applications and requests for continued examination) the Office is taking everyone to the woodshed for a lesson in not asking the Office to do […]