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Patent Baristas

The U.S. Patent and Trademark Office (USPTO) announced the release of the Patent Application Alert Service. This system provides customized, email alerts to the public for free when patent applications of interest are published. Additionally, the system offers direct access to the published applications that meet your search criteria.

Third-Party Preissuance Submissions
35 U.S.C. 122(e) provides a mechanism for third parties to submit patents, published patent applications, or other printed publications of potential relevance to the examination of a patent application with a concise description of the asserted relevance of each document submitted.

process-map-horizontalUnder 35 U.S.C. 122(e), such submissions may be made before (1) the later of (i) 6 months after the date of publication or (ii) the date of a first Office action on the merits rejecting any claims, or (2) before the date of a notice of allowance, if earlier. Section 122(e) also provides for such fees as the Director may prescribe. This new provision was effective on September 16, 2012, and applies to any patent application.

After receipt of these customized, email alerts, the public may identify prior art for “pre-issuance” submission into these applications. The pre-issuance submission process was established under the America Invents Act (AIA), and to date, the agency has received more than 2,600 submissions across all technologies. More information on the pre-issuance submission program and how members of the public can participate can be found here.

User Note:

Screen Shot USPTO passwordAfter having to make up my own Class III, super-secure, Defcon level Ernie password* just for a webpage to be able to receive an email that some publicly-available patent has published, alas I was unable to register for the Patent Application Alert Service in the end on an Apple (MacBook Air) computer using either Safari or Firefox browsers.

Send me a note if anyone is able to register under other means.

Follow-up 04-27-15:

Dave Abbott, Vice President at Reed Technology and Information Services called me personally and helped me quickly resolve my registration problem.  I’m not too proud to admit it was user error.  The registration page won’t allow you to click the checkbox to agree to the Terms and Conditions without scrolling down through the aforementioned terms.

In small, light grey print, it does state:

You must scroll through to the bottom to accept Terms and Conditions

While I believe no one is going to read the Terms and Conditions — scrolling or no scrolling, Abbott did say they’d look into making this note a little easier to see on the page.

*Read here to understand why this is a stupid password policy.

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Mergers, acquisitions, in-licensing and out-licensing have dramatically increased in popularity as a revenue stream for life science organizations. This is due to both the length of time it can take to research a new product from the ground up, and the progressively crowded marketplace. The life sciences industry has experienced success through increased licensing, which has moved it from a secondary activity to a necessary measure to ensure a healthy bottom line.

C613execsummimgBig pharma, innovative biotechs and medical device companies have millions of dollars riding on the success of licensing deals. A deal gone wrong can mean massive debts and wasted resources on all sides. It’s crucial to be able to find a licensing partner you can trust, and to be able to search out and identify potential partnerships and valuable products.

ExL Events’ 2nd Due Diligence Summit for Life Sciences, convening in Boston on June 9-10, 2015, was designed after conducting extensive research with your peers and learning about challenges you face and the thought leaders who can help you solve them. This is an educational event focused on how to run a tight ship throughout the due diligence process by presenting you with experienced speaking faculty members from Pfizer, AstraZeneca, Boehringer Ingelheim, and more!

Download the brochure for a complete list of the dynamic interactive sessions, brand-new case studies and innovative tool kits you’ll want to use in 2015.

Want to know more? Download the executive summary from ExL Events’ inaugural forum for an in-depth look at the key findings and final thoughts from the event.

Register by April 24th to receive the early bird pricing and be sure to mention priority code C613PB. If you have any questions, feel free to email

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A marketing company is currently helping CEA and a coalition of other companies (and legislators!) in a project to raise awareness to fight “patent troll” issues and to petition the senate for Patent Legislation Reform.

According to the site, their message is:

Sign our petition now and tell the Senate to focus on patent reform during lame duck. No more excuses!

However, the site does not tell you anything further without having to input all of your information, which we were not willing to do.  The CEA does have lots of anti-troll websites and campaigns and there is no indication how this is any different than previous efforts.

There are now fourteen bills that have been introduced in Congress to deal with some aspect of the patent troll issue, such as:

The problem is, there is no single, universally accepted definition of a patent troll. The term is generally applied to companies that don’t create (or intend to create) any products or services but instead assert patents as their sole business model. Other terms for patent trolls include non-practicing entities (NPE) and patent assertion entities (PAE).  Unfortunately, one person’s troll is another person’s champion of (their own) patent rights. It is very difficult to legislate a solution to the patent litigation abuse problem without affect- ing the intellectual property rights of legitimate companies.

The Patent Transparency and Improvements Act (S. 1720), which was introduced by Senate Judiciary Committee Chairman Patrick Leahy (D-VT) last November, is the main Senate bill currently under consideration.

The Senate Judiciary Committee has focused on fee-shifting provisions, which would require the losing party in patent litigation to pay the prevailing party’s attorneys’ fees. The Innovation Act (H.R. 3309) passed by the House has a provision that shifts attorneys’ fees unless the court finds that the losing party’s position and conduct were “reasonably justified in law and fact” or there are “special circumstances” making an award unjust. The current version of S. 1720 does not include any fee-shifting provision.

It remains to be seen how these issues will be sorted out.  In the meantime, you can view the video and petition at and follow them on twitter @PatentFix.

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Innovate Product Design has created this infographic on “What is Intellectual Property? A Student Guide and Definition.” The infographic is intended to help people and students understand the importance of intellectual property and why it is also important for designers to protect their creative idea.

© 2014 Innovate Product Design

URL to Infographic:

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The Chisum Patent Academy is pleased to accept registrations for our next Advanced Patent Law seminar, to be held March 5-6, 2015. The venue is the award-winning 21C Museum Hotel in easily accessible and inexpensive Cincinnati, Ohio. The 21C was recently named the #1 hotel in the United States and #11 worldwide in the prestigious Condé Nast Traveler Readers’ Choice Awards.

Why We’re Different:

Because each Chisum Patent Academy seminar is uniquely limited to ten (10) participants, we offer an unparalleled opportunity for interactive roundtable discussion and debate. Our format is the antithesis of mega-ballroom passive presentations by large CLE providers. Each Academy seminar session is led by patent law educators and treatise authors Donald Chisum and Janice Mueller. We focus on the most significant recent Federal Circuit and Supreme Court patent decisions, looking at trends, schisms, and practice implications. Attendees benefit not only from our insights but also by sharing strategies and best practices with fellow attendees. We particularly encourage registration by experienced patent professionals seeking a sophisticated level of analysis in a participatory, interactive format. We welcome those who want to discuss, debate, and argue patent law!

Topics for the 2015 Cincinnati Seminar:

The Chisum Patent Academy updates its syllabus for every seminar in order to cover the most timely and significant Federal Circuit and Supreme Court patent law developments. We’re honored that a number of our participants have returned for more than one seminar. As of October 2014, the Cincinnati seminar is expected to include the following topics (and more):

▪ Supreme Court and Federal Circuit Blockbusters
▪ Patent Practice Gone Wrong.
▪ Patent Claim Construction and Definiteness.
▪ Inter Partes Review.

Registration and Fee:

Registration is available on a first-come, first-served basis through our website ( Our registration fee for the March 5-6, 2015 Cincinnati seminar is $1,400 per person. We have applied to the Supreme Court of Ohio’s Commission on Continuing Legal Education for 12.00 total CLE hours instruction.


The Cincinnati seminar will be held in seminar meeting facilities of the new and unique 21C Museum Hotel, located in downtown Cincinnati at 609 Walnut Street. T

For more information or to register:

Please visit our web page ( or e-mail

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Challenges abound with regards to litigation, outsourcing and monetization; and are currently increasing on a national and international level. It is essential to understand these issues in order to have an upper-hand in overcoming these obstacles.

IP and patent professionals are planning to invest in several services and solutions, some of which include:

  1. Valuation Services
  2. Recruitment & Talent Management
  3. Patent Litigation
  4. Patent Drafting & Filing

IQPC surveyed a senior group of in-house IP and patent professionals to discover which services and solutions they plan to invest in over the next six to twenty-four months to help them build a cost effective, robust and future proofed IP and patent strategy.


To learn more about these issues, join IQPC at Global Patent Strategies Summit this March 11-13, 2015 in San Jose, CA.

IQPC’s Global Patent Strategies Summit will provide you with the opportunity to familiarize yourself with some of the most important issues at play in the industry today by participating in an interactive forum designed with engagement and open discussion in mind. Join us in order to:

  • Improve your company’s proficiency with regards to efficient & effective patent portfolio management
  • Collaborate with outside counsel in order to maximize results while minimizing costs
  • Understand, and respond to, changes in the patent reform landscape and recent SCOTUS rulings
  • Take a deep dive into the International space through sessions focused on the EU’s Universal Patent Court plan & an update on the Patent space in India/China

For more info on topics and sessions, download the agenda here.

To save an extra 20% off of standard pricing use the code: GPS_BARISTABLG

For more information visit, email or call 1-800-882-8684


  Print This Post Print This Post is a new patent-related website that claims to use peer-reviewed patent valuation methodologies to rank patent attorneys and to profile patent examiners.

PatentStat uses comprehensive data-mining and cutting-edge analysis to help you choose the most appropriate patent attorney, and profiles patent examiners to help you manage patent prosecution.

The use-cases are to help patent filers intelligently select appropriate counsel in any one of 33 technology areas, and to help attorneys better know the examiners who are reviewing their applications.

The methodology is transparent (, and the listings are dynamic, allowing sorting based on each individual priorities (e.g. a patent filer may prioritize time-to-grant over any other metric).

Law firm and attorney profiles are developed through a transparent process:

  • All patents granted in the past ten years are grouped by technology area and by filing year
  • Each patent is scored based on intrinsic factors such as time to grant, back citations, claims, etc.
  • The patents in each group are ranked based on these factors
  • For each technology area, law firms and patent attorneys are profiled based on the average rank of their patents

Why have these metrics been chosen?

The metrics used by PatentStat have been validated through independent peer-reviewed research, or through use by international bodies such as the OECD

What if I disagree with these metrics?

PatentStat is transparent and flexible. No weighting is applied to the metrics — they are all considered at par — and the website also allows you to sort the lists by any of the metrics. So, you are free to play with the metrics and order the law firms and attorneys as you see fit.

Think this is a good idea or a not-so-good one?  Let us know.

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A new blog just out by Michael McCabe, Jr., is IPethics & Insights, which focuses on ethics and discipline in the field of IP law.  It’s self-described as a resource for intellectual property attorneys regarding patent and trademark ethics, professional liability, and discipline, including the latest USPTO and court decisions, trends, news, and analysis.

“I’m not upset that you lied to me, I’m upset that from now on I can’t believe you.”
                             ~ Friedrich Nietzsche

A recent article focuses on U.S. District Judge Keith Ellison’s decision in in Tesco Corporation v. Weatherford International Inc., in which he dismissed a patent infringement action with prejudice as a sanction for counsel’s misrepresentations to the court.

The district court stated, “Counsel owes the Court a duty of complete candor at all times, regardless of whether the jury is in the courtroom, or opposing counsel rejects other sanctions.

McCabe points out that lying to a judicial officer is a serious matter and one of many ways that Intellectual Property practitioners can be professionally disciplined.

If you get a chance, check it out this new resource.

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