Patent Reform Act of 2007 scheduled for consideration this month The Patent Reform Act of 2007 (S. 1145) is now officially back on the radar. It was recently placed on the Senate's calendar, and is likely to be considered by the full Senate sometime this month. This has resulted in a corresponding increase in the lobbying efforts by those on both sides of the debate. […] Continue Reading →
EU highest court rules ISPs not required to identify P2P users allegedly infringing copyrights In a decision released today, the highest court in the EU, the European Court of Justice, ruled that under EU law, internet service providers (ISPs) are not required, in the course of a civil lawsuit, to disclose the identity of an individual subscriber associated with a particular IP address. The case arose out of an […] Continue Reading →
USPTO to start enforcing requirement that inventor oaths include reference to duty of disclosure In a notice dated yesterday, the USPTO announced that it will begin enforcing compliance with 37 C.F.R. § 1.63(b)(3), which requires that inventor oaths include an acknowledgement of the duty to disclose information material to patentability under 37 C.F.R. § 1.56. Oaths filed on or after June 1, 2008 will have to have the language […] Continue Reading →
Patent Reform Act of 2007 to be passed in 2008? The internet is abuzz with talk that the much-maligned Patent Reform Act of 2007 (H.R. 1908 & S. 1145) may be passed in some form this month. A draft version of the Senate Judiciary Committee's report on the bill was released earlier this week, and while it does not contain any revised provisions, it does […] Continue Reading →
USPTO to be closed December 24 In a press release today, the USPTO announced it will be closed on December 24. December 25 is, of course, a federal holiday, meaning the USPTO will be closed for four consecutive days. From the release: Any action or fee due on those days (or the preceding Saturday (December 22, 2007) or Sunday (December 23, […] Continue Reading →
USPTO releases 2007 annual report, Patent Reform Act to be considered in January? The USPTO has released its 2007 Performance and Accountability Report. Here are a few highlights: Average time for first office action (patent): 25.3 months Average total application pendency (patent): 31.9 months Percent of patent applications filed electronically: 49.3% Average time for first office action (trademark): 2.9 months Average total application pendency (trademark): 15.1 months Percent […] Continue Reading →
Claim and continuation limit rules preliminarily enjoined According to reports, enforcement of the USPTO's new claim and continuation limit rules has been enjoined. Judge James C. Cacheris issued the ruling from the bench after the hearing today on GlaxoSmithKline's motion for preliminary injunction. We'll have more as it develops, including any orders or decisions issued by the court. Update: More detail regarding […] Continue Reading →
AIPLA seeks leave to file amicus brief supporting Glaxo in its challenge to the new USPTO rules Today the American Intellectual Property Law Association filed a motion for leave to file an brief as amicus curiae in support of Glaxo's motion for preliminary injunction to enjoin implementation of the USPTO's new claim and continuation limit rules. The proposed brief is specifically directed toward the irreparable harm that would result if the rules […] Continue Reading →
USPTO moves to strike former USPTO director’s declaration supporting Glaxo’s PI motion On Friday, the USPTO filed a motion to strike the declaration of Harry F. Manbeck, Jr. in support of Glaxo's motion for a preliminary injunction barring implementation of the USPTO's new claim and continuation limit rules, claiming it constitutes improper expert testimony and impermissibly augments the administrative record in the case. Why is this interesting? […] Continue Reading →
Glaxo’s preliminary injunction motion to be heard October 31, consolidated with earlier challenge In orders yesterday in GlaxoSmithKline's effort to stop implementation of the new continuation and claim limit rules, the USPTO's request to continue the preliminary injunction hearing until October 31 was granted in order to give the Office more time to respond to the motion. Also, Glaxo's case was consolidated with an earlier case filed challenging […] Continue Reading →