(Updated November 25, 2023 to recognize that if your email service provider is bouncing the normal listserv postings, your email service provider may also have bounced the warning message that was sent to you about your email service provider bouncing the normal listserv postings.)
In recent days, dozens of members of our intellectual property listservs have received (or at least have been sent) email warnings that start like this:
Your membership in the mailing list <blah> has been disabled due to excessive bounces. The last bounce received from you was dated <recent date>. You will not get any more messages from this list until you re-enable your membership. You will receive 2 more reminders like this before your membership in the list is deleted.
The map at right shows, in real time, our progress in letting twelve thousand people learn that they have an opportunity to attend four free-of-charge webinars about PCT forms. As you can see, some 1600 emails have been sent (light green shading) to people in Asia and Africa and eastern and central Europe. Just now, emails are being sent (dark green shading) to people in west Africa and parts of Greenland. Some 11000 emails are waiting to be sent to people in North and South America. Why did these emails not get sent all at once? Continue reading “Telling twelve thousand people about four free webinars”
(Update: Microsoft is behaving badly about this. See blog article.)
Hello to the members of the various listservs hosted by Oppedahl Patent Law Firm LLC. Yesterday I migrated the listservs to a new server. For many members of the listservs, hopefully this will go largely unnoticed after a few test postings of yesterday and today. But for some members, this will be extra work and trouble. I am sorry about this.
Here are details.
Whitelisting. Previously the listservs were on a server at IP address 126.96.36.199. Now the listservs are on a server at IP address 188.8.131.52. Maybe you had previously set up a whitelisting entry in your email system to allow messages from 184.108.40.206 to reach you. If so, you may find that now you need to set up a whitelisting entry in your email system to allow messages from 220.127.116.11 to reach you. (Update: Microsoft is behaving badly about this. See blog article.)
Member password. This migration caused a reset of your password for your subscription to the listserv. To get your password figured out again, you might find it necessary to go to one of the eleven links below (for the listserv that you need to reset the password in) and click on the link, and follow the process for resetting your password.
Digest numbering. If you are a digest subscriber, you will see that this migration has reset the digest numbering to volume 1.
I am sorry about the extra work and trouble.
Links to user information pages for the listservs. The listservs affected by this server migration include:
Keep in mind that Switzerland will turn off daylight saving time today. Those who are filing documents at the International Bureau — documents that need a same-day filing date — should check to make sure they know what time it is in Switzerland as of today. Continue reading “Daylight saving time and WIPO”
I was gobsmacked during today’s USPTO webinar entitled How to make a smooth transition to Patentcenter. The USPTO doubled down on a serious PCT-related defect in Patentcenter, saying that it is actually supposedly a feature, not a bug.
Everybody knows that you are not supposed to enter the US national stage twice from any single PCT application. Or, to state it more plainly, it is legally impossible to enter the US national stage twice from any single PCT application.
Everybody knows this, that is, except the presenter in today’s USPTO webinar entitled How to make a smooth transition to Patentcenter. This is a webinar that is intended to help experienced users of EFS-Web and Private PAIR make the transition to Patentcenter.
EFS-Web guards against the inadvertent duplicate entry into the US national stage from a PCT application. Of course one of the stated design goals for Patentcenter, since its origin in 2018, is that all features from EFS-Web are supposed to be brought forward into Patentcenter. Indeed the USPTO has announced “mission accomplished” for this stated design goal. The USPTO says on its web site:
Patent Center has 100% of the functionality of EFS-Web, Public and Private PAIR …
This is patently false (blog article), but USPTO has not corrected this false statement. One of the ways that USPTO has failed to provide “100% of the functionality of EFS-Web” in Patentcenter is that Patentcenter fails to guard against duplicate attempts to enter the US national stage from a PCT application. This defect was reported to the USPTO on February 20, 2023 in trouble ticket CP99 (deep link to trouble ticket page).
During today’s USPTO webinar entitled How to make a smooth transition to Patentcenter, an attendee asked about this defect in Patentcenter. I was gobsmacked to hear the USPTO presenter actually doubling down on the defect, stating that it is supposedly a feature, not a bug. You can hear the words of the presenter here (MP3 file) and you can play the audio file here:
Here is a transcript:
Attendee question. In EFS-Web, the system guards against a possible duplicate attempt to enter the US national stage from a particular PCT application. Patentcenter fails to do so. Why is that?
USPTO answer. Stakeholder feedback indicated that Patentcenter may be implemented to allow more than one 371 filing, which may be desirable in situations where, for example, a unity-of-invention restriction was made during the international phase, to separate the claims into multiple groups. So that was a great question, and hopefully that answer will shed some light on that for you.
Hopefully what will happen soon is that the USPTO will send out a corrective email message to everybody who attended today’s USPTO webinar, letting them know that the presenter was completely wrong about this.
And hopefully, what will happen soon is that the USPTO will correct this defect in Patentcenter, which was reported to the USPTO on February 20, 2023.
On December 10, 2019 I provided training material to the USPTO (blog article, training material) about PCT Declaration Number 4. The idea is that a patent firm located outside the US might be trendy, modern, and up-to-date and might provide a signed inventor declaration (for later US purposes) at the time of filing a PCT application. The idea is that perhaps 1½ or 2½ years later, when the US national phase is entered, the signed declaration of inventorship for US purposes would already be in the file!The idea is that the formalities examiner in the DO/EO/US would take a look in the file and would pay attention to the presence of the signed PCT Declaration Number 4.
Unfortunately, all too often in recent months, we have had cases at the DO/EO/US where the formalities examiner at the USPTO fails to pay attention to the presence of the signed PCT Declaration Number 4 in our national-phase entry application file. Just today, for example, in one of our national-phase entry applications, the formalities examiner at the USPTO mailed out an official Filing Receipt along with Form PCT/DO/EO/903 (371 Acceptance Notice) dated July 17, 2023 falsely stating that we had failed to provide a “properly executed inventor’s oath or declaration” for our inventor.
It is hoped that the USPTO will once again in 2023 provide the training materials to its DO/EO/US formalities examiners, so that they can avoid making this mistake in the future for other US national-phase applicants.
PCT enthusiasts now have two subjects to choose from for binge-watching. Just today I finished the video editing of the sixteenth webinar in the recently finished sixteen-webinar series on ePCT. As a consequence, as of today, a PCT enthusiast may, if desired, binge-watch more than nineteen hours of webinar video about ePCT. (You can see it here.)
This parallels the over fourteen hours of webinar video about PCT (as distinguished from ePCT) that are available for binge-watching here. Yes, the PCT enthusiast has not one but two subjects available for binge-watching.