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Blackboard: Federal Circuit Again Find Software-Related Means-Plus-Function Claims Invalid for Failing to Disclose Sufficient Structure
Albritton v. Patent Troll Tracker: Patently-O’s Subpoena
Patently-O Bits and Bytes No. 18
When is an Electronic Document a Printed Publication for Prior Art Purposes?
MercExchange v. eBay: Injunction Denied Again
Book Review: Undue Diligence
You don’t see drawings like this anymore
MPEP Online Version
Link: In May 2004, the USPTO released a new revision of the Manual of Patent Examining Procedure (MPEP, 8th ed., rev. 2). For several months, the electronic version was only available in PDF format. Now, the Office has released each chapter of the MPEP in HTML. The HTML version is much smaller (less diskspace) and can be searched much more quickly.
A CD-ROM version of the manual is expected in mid-October. You can contact the Office of Electronic Information Products at (703) 306-2600 for more information.
USPTO Filing System: Expects To Be Back Online by Close-of-Business Tuesday 8/21
Antigua to Reject Intellectual Property Rights of US Companies as WTO Authorized Trade Sanction for Killing Offshore Online Gambling
Online Inventor’s Forum
The Patent Office has been hosting a regular on-line chat session between inventors and PTO expert examiners. These sessions have been a great success, and the most recent session appears to have answered a number of interesting and fundamental questions. The following are a few excerpts from the forum:
Q:What happens to a Provisional Patent Application after it has been abandoned?
A: The files are disposed of after one year from the filing date.
Q: Are there any restrictions from trademarking a product name that contains Spanish words?
A: The same laws and rules apply to marks in languages other than English. Other than those requirements, a non-English mark would have to be translated for the record.
Q: How long does a patent last?
A: Utility patent protection is approximately 20 years from the filing date of the application. Design patent protection is 14 years from the issue date.
Q: How do I know that my invention isn’t going to be stolen during the application process for a patent? Can I trust an attorney? Can I apply for a patent without an attorney? What are the risks when I do that?
A: All patent applications that have not been published are kept in confidence by USPTO personnel. An attorney in your employ must keep your confidences and secrets. You can apply for an application without an attorney, however, patents are legal documents and the use of a registered patent attorney/agent is strongly encouraged.
Q: Can I apply for a design and utility patent for the same product or is this overkill?
A: Yes, you can apply for both patents. A utility patent protects a new, useful, nonobvious and adequately discussed machine, manufacture, composition of matter, process, or improvement thereof. On the other hand, a design patent protects only the appearance of an article of manufacture, not the way the article functions or the materials of its manufacture. A better mousetrap could function (work) exactly like the mousetrap of old, but have a different appearance; it would then be appropriate for a design application. If, however, it had a new function in a way it trapped mice, it could also be appropriate for a utility application.
Link: Forum Transcript
Trademark Practice News: View Trademark File Wrappers Online
Online Patent Searching
Online Inventor’s Forum
2nd Innovator Diversity Pilots Conference: Advancing Inclusion in Innovation
Coming up just before the big IPO conference in Chicago, Emory Law in Atlanta will be hosting the 2nd Innovator Diversity Pilots Conference. This event looks excellent, and I wish I could attend. (I'll be in the woods at a "ManKind Project" retreat).
Details: Friday, September 20, 2024, 8:45 a.m. - 5:30 p.m. In person or online. https://law.emory.edu/impact/conferences/innovator-diversity-pilots-conference.html.
USPTO Dir Kathi Vidal and other Biden Administration officials have been very open to trying well designed pilot programs that offer some promise to effectively increase participation and engagement of underrepresented groups within the innovation ecosphere. Although many of the pilots focus on gender and race/ethnicity, the mindset of most really seems to be thinking about ways to make sure that everyone feels that patent-incentive -- adding fuel to the fire of genius. I expect that the pilots that really work will be rolled-out as deliverables to everyone.
Key topics:
- Lessons learned from recent innovator diversity pilots
- Practical insights from the Diversity Pledge and other law firm diversity initiatives.
- The future of patent drafting and prosecution in the age of AI
- Strategies for retaining diverse talent in the patent profession
It is a mix of academic research presentations and practical discussions.
Lovevery Argues that APEX Jurisdiction Holding Undermines Anti-Counterfeiting Efforts
Patentees Out of Luck Again: CAFed Sides with DraftKings that Remote Gambling Patent Ineligible
by Dennis Crouch
The Federal Circuit has affirmed a D.N.J. court's dismissal of patentee Beteiro's infringement complaints against DraftKings, et al., agreeing that the asserted claims are directed to patent ineligible subject matter under 35 U.S.C. § 101. Beteiro, LLC v. DraftKings Inc., No. 2022-2275 (Fed. Cir. June 21, 2024). The patents at issue were directed to methods of facilitating remote gambling activity using devises equipped with GPS.