A relatively new blog that’s getting some attention is the Green Patent Blog, a site “dedicated to discussion and analysis of intellectual property issues in clean technology.”  I have to admit, I’ve become a little skeptical of all the greenwashing that’s been going on in the world so I sometimes roll my eyes at any effort that seems to spend more time and money telling you their green than actually goes towards being green.

But the Green Patent Blog is no wash job. Featuring patent items on everything from Carbon Sequestration to Fuel Cells, this blog highlights many interesting patents and developments in clean technology.

One noteworthy item highlights the Eco-Patent Commons, an initiative by IBM, Sony, Pitney Bowes and Nokia to share patented technology that (purportedly) protects the environment.  Each company has donated at least one patent to the Commons, which is administered by the World Business Council for Sustainable Development (WBCSD), a Geneva-based organization that promotes sustainability in business. 

Members of the Eco-Patent Commons (known as “pledgers”) sign a nonassert pledge promising not to enforce the donated patents against those who use the patented technology to achieve an environmentally beneficial result (known as “implementers”).   

But, in an effort to make it confusing,  depending on whether or not the implementer asserting its patent against the pledger is another pledger, the pledger may, at its option, terminate the nonassertion against you if:

(a) you are a member of the Commons and you (or someone acting in concert with you) assert an unpledged patent against that pledger’s infringing components where such components alone (or when included in a product or service) reduce/eliminates natural resource consumption, reduce/eliminate waste generation or pollution, or otherwise provide environmental benefit, or (b) you assert any patent against that pledger and you are not a Member of the Commons.

Got that?

We think you’ll like the Green Patent Blog and look forward to more good stuff.

Posted May 7th, 2008 by Stephen Albainy-Jenei in Blawg Reviews
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Senate Reform Bill

It appears that the Senate has pulled the plug on the Patent Reform Act (S. 1145) after Senate Majority Leader Harry Reid pulled the bill from the floor schedule. This is not a huge surprise given the interests against it. (via ars technica)

A problematic area was a proposed change to the award of damages under the provision for Reasonable Royalty Damages. Currently, courts generally consider the value of the entire product when any part of it infringes a patent. The proposed changes would allow judges to base damages only on the “economic value properly attributable to patent’s specific contributions over the prior art.” Opponents of the legislation say it would make it easier for large companies to infringe the patents of small companies or individual inventors.

No indication when the bill will be re-started but expect it back after the new administration comes in.

See also: Coalition for Patent Fairness Thinks Patent Reform Is Near

Tafas v. Dudas

On the other end, the Patent Office is forging ahead with its attempt to force rule changes onto the public whether it has the authority or not (via Patently-O).  The USPTO has filed an appeal with the Court of Appeals for the Federal Circuit in the Tafas v. Dudas case reported earlier.

Dr. Triantafyllos Tafas filed suit against the proposed U.S. Patent Office continuation rules for being void for exceeding the PTO’s authority and won a permanent injunction prohibiting the USPTO from putting the new rules changes into effect.

The court held that, under the existing patent, system an applicant may file an unlimited number of continuation or continuation-in-part applications, RCEs, and claims. As far as continuation and continuation-in-part applications go, 35 USC 120 provides that there is no statutory basis for fixing an arbitrary limit to the number of continuing applications that may be filed and that retain the benefit of the priority date.

See also: No Joke, Court Smacks Down New Patent Rules

Posted May 7th, 2008 by Stephen Albainy-Jenei in Patent Reform, USPTO
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K&L Gates is hosting a free lunchtime webinar featuring John J. Doll, U.S. Commissioner for Patents.

U.S. patent law and practice is in its most dynamic period in recent memory. The landscape of patent laws and regulations is being modified by the Courts, Congress and the USPTO. Recent changes in case law, the Patent Reform Act of 2007, and proposed rules changes combine to make this a unique and challenging time for patent stakeholders.

Hear the U.S. Commissioner for Patents, John Doll, comment on current developments in patents, most especially those occurring at the U. S. Patent and Trademark Office, and participate in questions and answers.

Moderator: Stephen C. Glazier, K&L Gates, Washington, D.C. office

Registration is complimentary; however, virtual seating is limited, so please register as soon as possible here.

Webinar log-in instructions will be circulated via email prior to the program.

For further questions, e-mail Nancy Feldman or call 617.951.9257.

Tuesday, May 13, 2008, 12:00 - 1:00 p.m. (EDT)

Webinar Schedule:  Log-in opens: 11:45 a.m.  Program: 12:00 - 1:00 p.m.

Posted May 1st, 2008 by Stephen Albainy-Jenei in Conferences
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Growth opportunity available!  We are currently looking to add a Patent Agent/Technical Specialist to work closely with our legal staff. Working as part of the team, you can use your current scientific expertise to help with the legal issues that our firm is handling for our clients. 

The position involves defining new inventions, providing scientific advice and oversight in patent prosecution matters, preparing patent applications for filing, prosecuting patents, reviewing and researching patent applications and third party intellectual property rights, and assisting with other legal matters. Candidates should have an advanced degree in a biological or chemical field (Ph.D. preferred), with a concentration in analytical chemistry, biochemistry, biotechnology, organic, medicinal or pharmaceutical chemistry, or a closely related field.

For the right candidate, we are willing to hire a specialist without any previous patent experience.   We are dedicated to helping an individual succeed both professionally and personally and we can be quite flexible in our arrangements.  This can be a tremendous opportunity for someone who would like to make a switch from laboratory research to a growing patent career.  We can work with the candidate to provide an alternative/flexible work arrangement and schedule. 

All that is required is an ability to effectively communicate complex technical issues and a demonstrated ability to work in a team environment and with others at all levels of the organization. We are looking for dynamic individuals who are flexible and enjoy being challenged (and having some fun). In return, the successful candidate will receive intensive training in patent prosecution and will work closely with patent attorneys.

Please feel free to call or email me directly in confidence to talk about your particular situation. 

The Fine Print: 

To learn more about us and the communities we serve, visit our home page at www.frostbrowntodd.com.  Send resume, transcripts and writing samples to me or to Karen Laymance, Frost Brown Todd LLC, 2200 PNC Center; 201 East Fifth Street, Cincinnati, Ohio 45202 or by email to klaymance@fbtlaw.com. Frost Brown Todd LLC is an equal opportunity employer.

Posted May 1st, 2008 by Stephen Albainy-Jenei in Jobs, Frost IP
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