Registration now open: AIPLA PCT Seminar

The 22nd annual AIPLA PCT Seminar is now open for registration.  This will be Monday, July 23 and Tuesday, July 24 at AIPLA headquarters in Crystal City, Virginia.

This Seminar differs from many other PCT Seminars because it has such a large number of excellent presenters.  These will include a WIPO person, a USPTO person, and four experienced practitioners — Mark Guetlich, Mary Drabnis, Jeremy Smith and myself.

For more information, or to register, click here.

Reprise of PDX-DAS webinar

The May 8, 2018 webinar on this topic was well received.  But many people missed the webinar and asked if it will be repeated.  So we are presenting this webinar again, with updates.  For example:

  • On June 1, 2018 the Denmark patent office will become an Accessing Office in the DAS system
  • On June 1, 2018 the Netherlands patent office will become a member of the DAS system

This will be a live webinar, not a replay of a recording. Continue reading “Reprise of PDX-DAS webinar”

EPO is [not yet] an Accessing Office in DAS

click to enlarge

Update:  I have heard from WIPO that this was a temporary thing, as part of the testing for EPO becoming an Accessing Office.  WIPO has now finished the test and the Certificates of Availability as of today no longer mention EPO.  

It is still planned that EPO will commence its participation in DAS in the second half of 2018.

Neither EPO or WIPO has yet announced it, but I am delighted to be able to report that EPO is now an Accessing Office in the DAS systemContinue reading “EPO is [not yet] an Accessing Office in DAS”

Time to register for the PCT Seminar in Colorado (June 13-15)

It’s time to register for this PCT Seminar which will take place June 13-15 in Westminster, Colorado.  One reason to register now is that the hotel guest room block will be available only until May 22.  Another reason to register now is that coupon code “blog18”, which gives you an extra $100 off the registration price, expires May 22.

Still another reason to make plans now, if you will be flying to Colorado for the Seminar, is that you will want to make your air travel reservations.  Probably you would want to arrive at least as early as June 12.

If you’re on the fence and have not yet decided whether or not to attend the Seminar, I invite you to take a look at these handwritten comments from people who attended a recent Seminar that I presented.

DAS membership and participation developments

It has been announced that on June 1, 2018, the Netherlands Patent Office will join the DAS system.  This is of course welcome news, and this will bring the number of DAS participating Offices to 18.

Among the IP5, conspicuously absent from DAS is the European Patent Office.  EPO has promised that it will join DAS by late 2018.

Among the ID5, conspicuously absent from DAS is the European Union Intellectual Property Office.  It is hoped that EUIPO will join DAS soon.

With regard to the USPTO, the PDX system provides some of the same functions as DAS.  If between some pair of Offices (for example US and CN or US and KR) there is both a PDX relationship and a DAS relationship, the PDX relationship trumps.  As between DAS and PDX, DAS is to be preferred.  It permits more effective troubleshooting by the practitioner and it is more secure.  Thus it is hoped that USPTO will soon pull the plug on its PDX relationships with CN and KR, thus permitting DAS to be employed instead.

It is hoped that more and more Offices will participate in DAS with respect to design applications.  USPTO has indicated that it will commence participation in DAS as a depositing Office for designs Real Soon Now.

Comprehensive live in-person PCT Seminar in Colorado

Attend a 2½-day live in-person Patent Cooperation Treaty seminar in Colorado, made possible with generous support from the World Intellectual Property Organization (WIPO).  Book by May 22 to get this $699 registration price.  To find out more, or to register, click here.

Readers of this blog are invited to use coupon code “blog18” to get an extra $100 off the registration price.  Please note that this coupon expires May 22.

Webinar: learn about PDX and DAS

I will be teaching a webinar on Tuesday, May 8 about PDX and DAS.  Attend this webinar to learn about PDX and DAS or to reinforce what you already know.  This program will be of interest to anyone who works on inbound or outbound filings, whether Paris-based or PCT-based or Hague Agreement-based.

To learn more, or to register, click here.

Incorporation by reference in a PCT application?

A member of the PCT listserv recently posted a question in that listserv:

Hello everyone.

Are there any nuances or limitations to incorporating the content of a provisional application by reference in a PCT application (other than, I believe, including such statement in the request and the requirement that the application disclosure to be incorporated is a valid priority application)?  The goal is to preserve the less important disclosure of a somewhat lengthy provisional application for use later on, if needed, even possibly after filing national applications.  I plan to trim much of the provisional app disclosure in the PCT application to save costs.

Also, are there time limits or deadlines to actually add the material to the current application from the previous application that was incorporated by reference?  I am sure this is country specific.  But, any general input would be appreciated.

The general answer is “don’t try to incorporate by reference in a PCT application”.   Continue reading “Incorporation by reference in a PCT application?”