- The Kappos recently ended. Bryan Beel tweeted.
- Some statements as recorded by Beel:
- Need to refashion fee system to accurately assess relationship between fees and work being done
- “Overhaul count system” means completely remake, on orders from Secretary Locke.
- My job is to watch out for the U.S., not IBM.
- Should do more [to accelerate examination], wants to do more. Will submit writing.
- I hate fee diversion. Community happy to fund PTO, even higher fees, but diversion is bad.
- Tafas v. Dudas case appear is be suspended until Kappos is confirmed.
- Remember to check your PTA calculation [Link] (snooze you lose).
Why does the PTO even care about PTA at the time the patent issues? The PTO should just post the rules for it and put an “*” stating that the term may be different than on the front due to PTA.
For most patents, the PTA is not an issue or even that important. For the rare ones that it is an important, the interested parties can pull the file wrapper and calculate it themselves. If they disagree on that and can’t settle it, there will likely be litigation anyway so they can just resolve the term there.
I feel that since the goal of PTA is give the patentee more term due to the delay of the PTO and the calculation is subject to a formula, this extra term should be a right of the patentee not dependent on catching any errors the PTO may make in calculating the PTA at the time of issue.
“Need to refashion fee system to accurately assess relationship between fees and work being done.”
No duh. If the PTO charge their fees based on a free market amount (what patent agents would charge for the same service AND give that to the examiners), then they could stop squeezing inventors by bringing back motivation to combine and endless continuations.
You wrote: #Kappos
The Kappos recently ended.”
Whoever Bryan Beel is, any reason he couldn’t take 5 minutes and send an intelligible e-mail? The takeaway from your post today is basically “Hearing happened. Better info elsewhere.”
The PTO’s problems in calculating PTA is in part a transparency problem. They should have made the algorithm available to the public so that the algorithm could have been troubleshooted by the patent community and the PTA problems (hopefully) resolved amicably years ago.
Dennis,
Your Blog must have been taken over by spammers.
It sounded like there is going to be a bit of written material submitted that wasn’t prepared ahead of time. People wanting more information should keep track at the judiciary site noted above.
“Tafas v. Dudas case appear is be suspended until Kappos is nominated”
Until he’s nominated or until he’s confirmed?
I, for one, welcome our new government overlords.
Wait, what?
Kappos’ written statement is here:
link to judiciary.senate.gov
Eventually there should be a video stream of his testimony here:
link to judiciary.senate.gov
(the video feed wasn’t working this morning)
It’s good to scoop. It’s better to scoop grammatically.
My advice to Mr. Kappos:
Eliminate the position of “SPE.” These individuals should be examining applications. The backlog will disappear overnight.
Thank you and good luck!
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