logo
  • Home
  • Toteboards
  • About Carl Oppedahl
  • speedtest
  • Sites that Cite our Site

Monthly Archives: February 2014

Important upcoming industrial design events

23rd February, 2014 · oppedahl · Leave a comment

A number of recent developments have forced practitioners, even those who never thought that design patents were important, to pay attention to design patents.  The Apple v. Samsung litigation, in which a jury verdict of nearly a billion dollars was awarded to Apple, largely on its design patents.  The imminent accession of the US to the Hague Agreement, which will permit US filers to use the Hague process as a one-stop-shopping way to file for design protection in many countries at once.

Here are some important upcoming events in this area:

  • A Roundtable on the Written Description Requirement for Design Applications, March 5 at the USPTO
  • Design Day, April 8 at the USPTO (see details at AIPLA, IPO)

Those practitioners who wish to join in discussions with other practitioners about developments in industrial design protection may wish to subscribe to the Industrial Designs listserv.

Posted in Industrial Designs |

Does the USPTO give you the same examiner as in the PCT?

23rd February, 2014 · oppedahl · 1 Comment

A member of the PCT Listserv asks “does USPTO give you the same Examiner in a US national application and in the corresponding PCT application?”  This is a very interesting question and has several sub-questions to it. Continue reading →

Posted in PCT |

PTAB speaks on 35 USC § 101 — or is it § 103? CRS v Frontline

22nd February, 2014 · oppedahl · 5 Comments

Well, we are starting to see the work product of the Patent Trial and Appeal Board, whose goal for many of the new AIA proceedings is to dispose of them within a year.  Here’s the decision in CRS Advanced Technologies, Inc. v. Frontline Technologies, Inc. (Case CBM2012-00005), instituted January 23, 2013 and decided just under a year later on January 21, 2014.

CRS wanted to invalidate some of the claims of US Patent 6,675,151.  Doing so in court would likely have cost half a million dollars or more.  CRS picked the Covered Business Method approach and (I’d guess) probably spent well under a quarter million dollars.  And prevailed.

What I would have hoped is that the decision might help to clarify what practitioners need to do to draft patent applications that will survive post-grant review (whether before the PTAB or before the courts).  I don’t think I got my wish.  Here’s why I feel this way.  Continue reading →

Posted in Substantive law |

Upcoming speaking events

22nd February, 2014 · oppedahl · Leave a comment

On Monday, March 24, I will be speaking in East Lansing, Michigan at the 2014 Intellectual Property Law Spring Seminar.  My topic is “PCT Practice Tactics and Strategies.”

The 49th Annual Corporate Patent Seminar will take place April 9-11 in Chicago.  I will be speaking on several topics including Restoration of Priority and the Patent Cooperation Treaty.

 

 

 

Posted in PCT |

when USPTO classifies an application incorrectly

21st February, 2014 · oppedahl · 13 Comments

 

In our office we try to track pretty closely the status of the cases that we have put on the Patent Prosecution Highway.  It is a rare PPH case that reaches its first Office Action without at least one problem within USPTO that requires us to poke the USPTO.  Today one of our PPH cases presented a problem that we had not seen before — a big delay in examination because the USPTO misclassified the case. Continue reading →

Posted in Patents |

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Categories

  • Copyrights (25)
  • Industrial Designs (243)
    • Hague Agreement (60)
  • Office Tech (175)
  • Patents (737)
    • non-DOCX penalty (17)
    • Patentcenter (62)
    • PCT (262)
    • Substantive law (5)
  • Trade Secrets (1)
  • Trademarks (293)
    • Madrid Protocol (51)
  • Travel (20)

Archives

  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
© 2019 Carl Oppedahl
  • Home
  • Toteboards
  • About Carl Oppedahl
  • speedtest
  • Sites that Cite our Site