Clever associate’s trademark advocacy secret weapon revealed

It’s a few months ago that I looked at one of our trademark cases — a Madrid Protocol case that had come in from foreign counsel on behalf of a foreign applicant — and pronounced to anyone who would listen that the case was never going to be approved for publication.  I was convinced that the Examining Attorney’s grounds for refusal were impossible to overcome.   I figured it was only a matter of time before it would go abandoned.  I figured the sole remaining necessary lawyering skill would be communicating a gentle let-down to foreign counsel — an exercise in expectations management.

One of my associates was handling the case.  The other day I was astonished to learn that my associate had completely overcome the refusal.  I asked her how she accomplished this seemingly impossible result.  She smiled and explained what had happened.

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Most-read postings in “Ant-like Persistence” for 2014

The arrival of a new year prompts every blogger to look back to see which postings in the previous year reached a lot of eyeballs.

Well, by far the most-read posting for all of 2014 in Ant-like Persistence was “A little-known USPTO initiative to reduce the backlog“.  This posting, dating from early April of 2014, might be of great interest to patent practitioners who missed the original posting.

In second place was “USPTO is closed today, Monday, March 17“.  This was the posting that told readers that it was a snow day in Washington.  It meant that anything that needed to be filed in the USPTO on Monday March 17 could be postponed until Tuesday March 18 and still be timely.

The people who subscribe to this blog are likely to hear of such USPTO closings in the future.  So if you have not already done so, subscribe to the blog.  And if you have a friend or colleague who would like to hear about it when the USPTO has a snow day, encourage them to subscribe to the blog.

 

The importance of warning clients about unscrupulous fee requests

We all need to redouble our efforts to warn clients about unscrupulous fee requests.  Four recent examples reminded me how insidious these fee requests can be.  The first one asks me to wire $2322.30 to a bank in Slovakia.  The second one asks me to wire $2738 to a bank in Czech Republic.  The third one asks me to wire $2548.25 (where do they get these amounts?) to a bank in Slovakia.  And the fourth asks me to wire $2327 to a bank in Czech Republic.

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USPTO will be closed Friday, December 26

The USPTO will be closed Friday, December 26, 2014.  Any action or fee due on Friday, December 26, 2014, would be considered timely if filed on the next succeeding business day, specifically, Monday, December 29, 2014.  You can see this on the USPTO web site here and here.

A big thank you goes to Bryan Wheelock and Matthew Hintz who provided the citations to the items on the USPTO web site.

Yet another nice person (Scott Barrett) points out that apparently this closure was announced by the White House on December 5, 2014.