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USPTO to cease emailing full trademark office actions (updated 4/27)
March 19, 2007
Post by Blog Staff
In an effort to simplify transmittal of trademark office actions, the USPTO today announced that it will soon stop emailing trademark office actions to applicants. Instead, emails will be sent containing a link to the office action in the TDR (Trademark Document Retrieval) system. This will avoid the problems of large attachments requiring multiple emails to send the complete office action, as is sometimes neces.......
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Decision to accept later filing date due to omitted items not correctable via reissue
March 19, 2007
Post by Blog Staff
When you make a conscious choice between alternatives during prosecution, the Federal Circuit says you're stuck with it. That's the message from In re Serenkin, where the court held that an inventor could not, through reissue, claim priority to his provisional filing. Serenkin had filed a PCT application just before the one-year anniversary of his provisional, but the PCT did not contain the drawings. He had to.......
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First patent issues from USPTO's accelerated examination program
March 15, 2007
Post by Blog Staff
On Tuesday, Brother, the company best known for printers and copiers, received the first patent issued based on an application filed under the USPTO's accelerated examination program. The patent, number 7,188,939, relates to ink cartridges, and resulted from an application filed on September 29, 2006, just over a month after the accelerated examination procedure became available. Many are somewhat .......
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Viacom sues YouTube, Google for copyright infringement
March 13, 2007
Post by Blog Staff
In a press release today, Viacom, owner of the MTV and Comedy Centraltelevision networks (among others), announced it is suing YouTube and its parent company, Google, for copyright infringement. The lawsuit seeks over $1 billion in damages. The parties had been in negotiations for YouTube/Google to have a license to provide Viacom's content on YouTube, but negotiations broke down, and .......
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USPTO rescinds partial waiver of restriction requirements for nucleotide inventions
March 13, 2007
Post by Blog Staff
In a news release yesterday, the USPTO has rescinded its partial waiver of the requirements of 37 C.F.R. §§ 1.141 and 1.475 et seq. Under the former policy, a "reasonable number" of nucleotide inventions, typically up to ten, would be considered in a single application without a restriction requirement or issues regarding unity of invention. This requirement extends to all new and pending applications,.......
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Federal Circuit Addresses Claim Differentiation
March 13, 2007
Post by Blog Staff
The Federal Circuit further clarified the doctrine of claim differentiation in Anderson Corp. v. Fiber Composites, LLC. Andersen Corp. owns a number of patent relating to composite materials made from a mixture of polymer and wood fiber as well as patents that relate to structural parts made from those composite materials. Fiber Composites manufactures and sells deck railing and spindle products under the trade .......
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USPTO to institute pilot project to allow public comments on pending applications
March 05, 2007
Post by Blog Staff
The Washington Post today provided more detail about a pilot program previously mentioned in this post. Under the program, the USPTO would post pending patent applications that have become accessible to the public (such as after they have been published). Members of the public would then be able to comment on the applications, and even provide additional prior art that the patent office could consider during exa.......
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Federal Circuit again deals with standing
March 02, 2007
Post by Blog Staff
In yet another case, the Federal Circuit has dealt with whether a party asserting a patent infringement claim had title to the patent, and thus standing to bring the claim against the defendant. Here, once the standing issue was raised at the district court, the Plaintiff opted to fix the chain of title, voluntarily dismiss its claim, and refile a new case against the defendant. The court granted the dismissal (.......
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New rules limiting continuation applications coming soon?
March 02, 2007
Post by Blog Staff
According to multiple rumors, the USPTO may be nearing publishing its final rules regarding limits on continuation applications. When initially announced in January 2006, many patent practitioners and law professors, including now-Federal Circuit Judge Kimberly Moore, believed the limits to be beyond the scope of the USPTO's authority to enact, instead requiring a statutory change by Congress. The .......
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USPTO Director Jon Dudas talks patent reform
February 28, 2007
Post by Blog Staff
Over at ZDnet there is very good coverage of a recent speech about patent reform by USPTO director Jon Dudas. Mr. Dudas spoke at the Tech Policy Summit on the issue of whether the patent system was hurting innovation. Mr. Dudas stated that the biggest problem leading to bad quality patents is the obviousness requirement, which the Supreme Court is addressing in the KSR v. Teleflex case argued last .......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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