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 →
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 […] Continue Reading →
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, […] Continue Reading →
House expected to pass Patent Reform Act of 2007 today That House version of the Patent Reform Act of 2007 (H.R. 1908) is expected to be considered and passed today. There have been several modifications to the bill since it was first introduced, so even if the Senate also passes it, there likely will be many differences between the House and Senate versions that will […] Continue Reading →
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. Continue Reading →
Government recommends Supreme Court hear patent exhaustion case In a filing on August 24 (that got put on the back burner with the hubbub about the new continuation and claim limit rules), the government has recommended that the Supreme Court grant certiorari in Quanta Computer, Inc. v. LG Electronics, Inc. (No. 06-937). Detail about the Federal Circuit's decision may be found in this […] Continue Reading →
Third Circuit: Patentee’s intentional falsehood to standards body can support antitrust claim Maybe it's time for Qualcomm to rethink how it approaches standard-setting organizations. In a decision today, the Third Circuit reversed in part a district court's dismissal of rival Broadcom's antitrust claims, finding that Broadcom had adequately pleaded actions by Qualcomm that, if true, would constitute an antitrust violation. The facts of the case are similar […] Continue Reading →
Patent Office Professional Association comes out against Patent Reform Act of 2007 Support for the Patent Reform Act of 2007 (S. 1145, H.R. 1908) continues to erode. Now, as reported on the Patent Prospector, POPA, the Patent Office Professional Association, has penned an open letter against the Act. The letter, entitled "The Patent Reform Act Will Hurt, Not Help, the U.S. Patent System," is interesting for several […] Continue Reading →
House Republican leadership expresses concerns about Patent Reform Act of 2007 In further evidence that the Patent Reform Act of 2007 (S. 1145, H.R. 1908) may be in for a tough road, the House Republican leadership (Republican Leader Boehner and Republican Whip Blunt) has sent a letter to Speaker Pelosi expressing concerns about the Act. Among the provisions that cause the concern are enhanced rulemaking authority […] Continue Reading →