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 →
Coalition against the Patent Reform Act of 2007 gets bigger: 430 join in Senate opposition letter In May, it was a coalition of over 100 companies and organizations sending a letter to House and Senate leadership of both parties expressing opposition to the Patent Reform Act of 2007 (H.R. 1908 & S. 1145). By June, the group grew to over 200 companies and organizations, and they wrote another letter to the […] Continue Reading →
Dramatic change in UK trademark policy; Australia eliminates obligation to disclose search reports There have been two interesting changes in foreign IP practice over the past month. Effective October 1, 2007, the UK Trade Marks Office changed its policy such that it will no longer raise objections to applications based on prior existing applications/registrations. Instead, it will be the policy to write to owners of earlier potentially conflicting […] Continue Reading →
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) […] Continue Reading →
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 […] Continue Reading →
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, […] Continue Reading →
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 […] Continue Reading →
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 […] Continue Reading →
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 […] Continue Reading →
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 […] Continue Reading →