Save the date! Live in-person PCT seminar in Alexandria, Virginia

(Update:  the registration link is now available – click here.)

There will be a live in-person PCT seminar in Alexandria, Virginia on Monday, October 28, 2024.  This seminar, mentioned in the recent WIPO PCT Newsletter, will be an all-day event.  WIPO will soon provide a registration link for the seminar.  For now, save the date in your calendar.  Be sure to subscribe to this blog, and be sure to subscribe to the PCT listserv, to hear about it when the registration link becomes available.

After a ten-year run, AFCP comes to a close

There has always been a problem that some Examiners fish for unnecessary continuations and RCEs.  If an applicant can be teased into filing a continuation or an RCE, the Examiner picks up two more “counts”.

One of the USPTO’s initiatives to try to reduce this problem happened in 2013 — the After Final Consideration Program (AFCP).  Now after a ten-year run, the USPTO has announced (Federal Register notice) that it will discontinue AFCP.

During the ten years that AFCP was available, our firm used it many dozens of times.  I estimate that in perhaps 25% of cases, it did save us from having to file an otherwise unnecessary continuation or RCE.  Now with the AFCP initiative gone, we will surely face renewed levels of fishing for continuations and RCEs by some Examiners.

Equity, Diversity, and Inclusivity CLE for patent and trademark attorneys

Colorado Rule 250.2(1)(a)(i) says that beginning January 1, 2023, every registered attorney must achieve at least two credit hours per reporting period in the area of equity, diversity, and inclusivity.

The Colorado office in charge of CLE lists three areas that are supposed to be covered in CLE courses about equity, diversity, and inclusivity, namely:

    • equal access to the legal system;
    • competent representation of diverse populations;
    • the recognition, mitigation, or elimination of bias in the legal profession or the legal system.

What may a patent attorney or trademark attorney do to respond in a meaningful way to licensure requirements regarding equity, diversity, and inclusivity?  In this webinar, join your presenter, Carl Oppedahl, in trying to figure out what the problems are, in such areas as patent and trademark prosecution, for which an EDI CLE requirement might be a solution.

When and where?  Thursday, September 5, 2024, Noon to 1:40 PM Mountain Time (100 minutes)

Format: Live webinar

For more information, or to register, click here.

Ethics CLE – securing electronic communications

In nearly every state, ethics rules require a lawyer to make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.  Colorado Rule 1.6(c), for example, says:

A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.

Does it violate ethics rules to use email in client communications?  Does it violate ethics rules to use ordinary text messaging on a mobile phone?  What about Skype, or Whatsapp, Viber or Signal?  Continue reading “Ethics CLE – securing electronic communications”

Uruguay on a path to join the PCT

(Update:  Uruguay has deposited its instrument of accession!  See blog article.)

(Corrected my mistake about the consequences of Uruguay having joined only Chapter I.)

I am delighted to see that Uruguay is on the way to membership in the Patent Cooperation Treaty.  It has passed both chambers of the Uruguayan legislature, and is on its way to the executive branch for signature.  Continue reading “Uruguay on a path to join the PCT”