Proof of Actual Fraud on the Patent Office

US v. Reid, 09-cr-00320-CMH (E.D. Va. 2009)

Patent Attorney/Agent (Biotech) – Law Firm – Northern Virginia

Tenure-track/Tenured Faculty – University of Utah Law – Salt Lake City, Utah

Patent Counsel – Small Corporation – San Diego, Calif.

Patent Counsel – Oregon Health & Science University – Portland, Ore.

USPTO Annual Fee for Patent Practitioners

PatentLawPic743Hal Wegner and Harry Moatz have provided me with additional information on the $118 annual patent practitioner registration fee for FY2009.

The Effectiveness of Examiner Interviews

Often, a face-to-face discussion can help two parties resolve a sticky dispute. In patent prosecution, the patent applicant can request to sit down interview with an examiner to discuss the examiner's rejections. See 37 CFR 1.133. The interview can be face-to-face or via telephone or even video conference. Law firms located across the street from the PTO tend to tout the value of examiner interviews while those outside of DC tend to downplay their significance.

Intellectual Property Counsel – Large Corporation – Knoxville, Tenn.

Deputy Executive Director – AIPLA – Arlington, Va.

Patent Backlog

Yesterday, I posted data about patent application pendency at the US Patent Office. The following comment came from an a longtime partner at a midsized IP botique in DC:

Patent Application Pendency: Percent of Applications Still Pending

The large backlog of cases at the PTO has added greatly to the problem of long patent application pendency. There are other contributors to the problem – such as applicants and examiners unwilling to reach a compromise solution (often based on the demands of superiors).

Office Actions

Although not necessarily any indication of quality, the length of non-final office actions has been increasing over time – shifting from an average of 7.5 pages in 2003 to 10.7 pages in 2009. The chart below – shows that the increase has been relatively steady over the past six years based on a sample of 8400 non-final office actions from patent applications filed 2001–2007. (Page count includes cover page and summary).

IP/Patent Attorney – Large Corporation – Dublin, Calif.

Sybase

Sr. Patent Counsel – Large Corporation – El Segundo, Calif.

Patent Prosecution Associate (E.E.) – Law Firm – Alexandria , Va.

Patent Attorney – Law Firm – Washington, D.C.

David Kappos: Next USPTO Director

Congratulations!

Patent Counsel – Large Corporation – Whippany, N.J.

Cadbury

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Bits and Bytes No. 116

  • Comments on Patently-O: I have updated the commenting software. Now there are threaded comments, so it is easier to reply directly to a prior comment. If you sign-up for a free Typepad account then you can personalize the image associated with your moniker.
  • Law Firms as Patent Owners: Photo site SmugMug recently filed a declaratory judgment action against the patent holding entity VPS, LLC. VPS previously settled with Pictage earning a "multi-million dollar fee" as well as with Kodak Gallery and Shutterfly. VPS's ownership is interesting. Its managing partners are all patent attorneys: Carl Moore (patent attorney at Marshall Gerstein); Timothy Vezeau (patent attorney at Katten Muchin); and Nate Sarpelli. The VPS patents were originally assigned to Monet, Inc. but subsequently assigned to the Marshall Gerstein firm. In 2002, the law firm assigned the rights to VPS. (See Pat. No. 6,321,231). SmugMug Complaint for Declaratory Judgment.pdf
  • Design Patent Customs Registration: The IPO has voted to support a statutory change that would create a design patent registry within the Customs and Border Protection (CBP) bureau of the Department of Homeland Security. The CBP already keeps a registry of trademarks and copyrights to assist customs agents in preventing infringing importation through any of the 317 official ports of entry into the US. [CBP E-Recordation System] (No bill has been proposed.)
  • Tivo v. DISH and EchoStar: $190 million.
  • Update Your PTO Registration Data Online: Link. Before you can use the system, the OED will first send a letter to you with a User ID. After you respond, you will be sent a password.