Patent Baristas

As we saw in the Wyeth v. Dudas case, the US District Court for the District of Columbia overturned the USPTO’s interpretation of 35 USC § 154 (the statute that prescribes patent terms). Section 154 grants extensions of patent terms for certain kinds of PTO delay.  However, Congress says you can’t double-dip, i.e., to the […]

On September 30, 2008, the US District Court for the District of Columbia overturned the interpretation of 35 USC § 154 (the statute that prescribes patent terms) by the United States Patent and Trademark Office (PTO).  See Wyeth v. Dudas, No. 07-1492 (D.D.C. September 30, 2008). Section 154(a)(2) establishes a term of 20 years from […]

Today the PTO published a notice in the Federal Register inviting public comments on paperwork burdens associated with the Ex parte Appeal Rule (73 Fed. Reg. 32937-32977, June 10, 2008).  This Information Collection Request (ICR)  an application from an agency to OMB for OMB’s approval under Paperwork Reduction Act, giving the agency authority to collect information […]

Earlier, Dr. Triantafyllos Tafas’ lawsuit, arguing that the proposed U.S. Patent Office continuation rules are void for exceeding its authority, won a permanent injunction prohibiting the USPTO from putting the new rules changes into effect (Final Rules; 72 Federal Register 161 at 46716).  Tafas v. Dudas and the United States Patent and Trademark Office. Dr. […]

The USPTO is developing a Continuing Education for Practitioners (“CEP”) system for on-line delivery of educational materials for patent practitioners.  The goal of this whole business — according to the USPTO — is to increase efficiency, reduce pendency, and improve quality in the patent process. For now, the USPTO trying out the system in a […]

The United States Patent and Trademark Office (Office) is adopting new rules governing the conduct of disciplinary investigations, issuing warnings when closing such investigations, disciplinary proceedings, non-disciplinary transfer to disability inactive status and reinstatement to practice before the Office. See Changes to Representation of Others Before the United States Patent and Trademark Office; Final Rule […]

In a notice labeled “Clarification of Patent Regulations Currently in Effect, and Revision in Applicability Date of Provisions Relating to Patent Applications Containing Patentably Indistinct Claim,” the US Patent and Trademark Office (USPTO) published a notice to “clarify” just which patent-related regulations are currently in effect. The earlier proposed changes in the Claims and Continuations […]

Earlier, Dr. Triantafyllos Tafas’ lawsuit, arguing that the proposed U.S. Patent Office continuation rules are void for exceeding its authority, won a permanent injunction prohibiting the USPTO from putting the new rules changes into effect (Final Rules; 72 Federal Register 161 at 46716).  Triantyfyllos Tafas v. John Dudas and the United States Patent and Trademark […]