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Senate Judiciary committee to hold hearings about federally-funded university research and patents

On Wednesday at 1:30 eastern time, the Senate Judiciary Committee will hold hearings entitled "The Role of Federally-Funded University Research in the Patent System." Those testifying will be: Arti K. Rai, professor, Duke University School of Law (testimony) Elizabeth Hoffman, Executive Vice President and Provost, Iowa State University (testimony) Robert Weissman, Director, Essential Action (testimony) […]

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New revision of MPEP now available

The USPTO today released the newest revision of the Manual of Patent Examining Procedure (MPEP). The new version is the Eighth Edition, Revision 6. Changes from the previous revision can be found here. No mention of KSR in this revision. The first mention of KSR regarding obviousness is not expected until the Ninth Edition, likely […]

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The clear target of the new continuation and claim limit rules: Thomas Edison

This was received over email today. While we have not verified the information, it shows that the new rules arguably do not "Promote the Progress of Science and Useful Arts." THANK GOODNESS FOR COMMISSIONER DUDAS AND HIS NEW RULESBefore the new rules, one New Jersey inventor amassed 394 patents with more than 5 independent claims, […]

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Supreme Court to hear patent exhaustion case

In its first conference of this Term, the Supreme Court today granted certiorari in Quanta Computer, Inc. v. LG Electronics, Inc. (No. 06-937). Our previous coverage of the case can be found in these two posts. The question presented is: Whether the Federal Circuit erred by holding, in conflict with decisions of this Court and […]

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Seventh Circuit: Noncompete provision in license agreement reasonable, not patent misuse

In what the court described as "one of those non-patent patent cases," the Seventh Circuit yesterday affirmed a grant of summary judgment to a patentee who, in its license agreement, included a noncompete provision. The licensee had terminated the license, and argued the noncompete constituted patent misuse, and was therefore void. The court rejected this […]

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More examination outsourcing by the USPTO?

According to a news release published today, the USPTO is exploring the feasability of having the Swedish Patent and Registration Office (PRV) perform the search and examination of international applications filed under the PCT in the U.S. receiving office. In the release, the USPTO notes that it receives about 50,000 international applications and about 400,000 […]

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USPTO posts Examination Support Document Guidelines

The USPTO has posted guidelines for Examination Support Documents on its website devoted to the new claim and continuation limit rules. Examination Support Documents (ESDs) will be required for all patent applications exceeding the 5/25 claim limit that have not yet received a first office action on the merits as of November 1. The guidelines […]

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Sponsors of the Patent Reform Act of 2007 playing hardball?

According to reports, several of the key opponents of the Patent Reform Act of 2007 (H.R. 1908) withdrew their opposition to the bill before the House vote last Friday. Among those reportedly withdrawing their opposition include the AFL-CIO, Motorola, and the Association of American Universities, among others. Why did they withdraw their opposition? It sounds […]

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The Patent Reform Act of 2007: What’s changed in the final House version?

With the Patent Reform Act of 2007 (H.R. 1908) passing the House on Friday, it's about time to take another look at the Act and see what's different between the current version and the version as introduced back in April. Click below for the analysis. First to file (Section 3) This section is essentially unchanged, […]

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House Passes Patent Reform Act of 2007

As expected, the House this afternoon passed its version of the Patent Reform Act of 2007 (H.R. 1908). The vote was 220-175, with 37 not voting. Now the lobbying action will move to the Senate.

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