In the category of something that you could do if you are at Denver International Airport and you want to pull somebody’s leg …
If you want to pull somebody’s leg …
Getting a clue about bank wires
In which the writer reminisces about the early years of his patent firm and eventually getting a clue about how to send bank wires to foreign associates. Continue reading “Getting a clue about bank wires”
Surface Phenomena
I’m going to reveal a practice tip that I had been keeping to myself for the past thirty years of patent practice. The practice tip is to be alert to the possibility that some important thing about a client’s invention may turn on “surface phenomena”. My main point being that as far as I can tell, nobody actually knows how most surface phenomena work, and so you can use the phrase in some client/inventor discussions, and the client/inventor will think you are very smart regardless of whether you are actually very smart. Continue reading “Surface Phenomena”
Locarno classes are by now fashionable
What are Locano classes? What do I mean when I say that Locarno classes are by now fashionable?
Yet another foreign wire transfer service
Recently I blogged about Western Union Edge, a service for foreign wire transfers. Alert reader Andrew Berks commented that he uses AFEX. So I decided to open an account with this service provider. Having used the service now for a short while, I think it’s possible that AFEX is the best choice these days for foreign wire transfers. Continue reading “Yet another foreign wire transfer service”
PAIR still vulnerable to the Java licensing problem
It is recalled that to log in at PAIR or EFS-Web using an EPF file (what USPTO calls PKI), you are required to have Java installed in your web browser.
For many years USPTO customers had been telling USPTO that it needed to scrap the dreaded “java applet” method of logging in which is the method that uses the EPF file. USPTO failed to act upon these suggestions and complaints from customers.
What finally pushed USPTO to devise a new way for logging in (the “MyUSPTO” approach) was not customer complaints but something else, namely that Oracle, the provider of Java, finally got around to announcing that it would start charging money for Java.
And indeed until a few weeks ago, it was all set that by February 15, 2019, USPTO would pull the plug on the EPF way of logging in.
It might be thought that this was the end of java applets for USPTO tasks. But no. Java is needed not only for the logging-in task, but also for the downloading of cited US patents and US patent publications from PAIR. What we are talking about is the ePatent reference program, which USPTO launched in 2004. USPTO launched ePatent reference at the time that USPTO ceased providing paper copies of cited US patents and cited US patent publications with paper-mailed Office Actions.
So if you are going to download cited US patents and cited US patent pubs from PAIR, you still need Java. And as of a month ago, you will need to pay a licensing fee to Oracle to be able to use Java.
I suspect that nobody at USPTO gave a moment’s thought to the fact that Java is needed for more than one task in PAIR. Not only for EPF logins, but also for downloading cited US patents and pubs.
Revised on March 18, 2019 to note that there is an advisory in PAIR that says:
Advisory (13FEB2019): Due to technical difficulties, users may not be able to complete downloads using ePatent Reference. USPTO technical teams are working to correct the issue.
The PAIR Announcements page does not provide any further explanation of this advisory. I cannot tell from what USPTO posted whether this February 13 Advisory is linked to the cutoff of the Java-based EPF login procedure that was previously scheduled to happen on February 15.
Register now for Design Day 2019
You will recall that back on January 13, 2019 I told you to save the date, namely Thursday, April 25.
Registration is now open for Design Day 2019. This will be at the USPTO in Alexandria, Virginia.
This event always sells out weeks in advance. If you want to attend, you need to register right away.
To learn more, or to register, click here.
Yours truly is among the members of the planning committee for Design Day 2019. I can promise you that it will be a good use of your time to attend.
Today is a snow day at the USPTO
Today, Wednesday, February 20, 2019 is a snow day. This means that any document that you needed to file today at the USPTO will be timely if you file it by tomorrow, Thursday, February 21.
(This might be as good a time as any to subscribe to this blog.)
Update: Status of ID5 Offices in DAS
Let’s remind ourselves how the five biggest Offices for industrial design protection (called “ID5”) are coming along in terms of participation in the DAS system. It is recalled that the DAS system permits the exchange and retrieval of electronic certified copies of priority documents. So which Offices are trendy, modern, and up-to-date? Which of the ID5 Offices have not yet joined DAS for designs? Continue reading “Update: Status of ID5 Offices in DAS”
Filing a Demand if no ISR has been established?
I recently blogged about an imminent PCT rules change. The rules change, which will take effect July 1, 2019, changes the timing of when an International Preliminary Examining Authority (“IPEA”) will commence its preliminary examination activity after receiving a Demand from an applicant.
- The present situation is that the IPEA will put the activity “on ice” until the last possible date (P+22 or ISR+3, whichever is later) unless the applicant makes an express request for the activity to be commenced sooner.
- The situation on and after July 1, 2019 will be that the IPEA will commence the preliminary examination right away unless the applicant makes an express request that the activity be postponed.
Which naturally enough raises the question of what exactly counts as “right away”? And as I explained in the blog post, “right away” is defined as the date upon which the IPEA is for the first time in possession of all of the following:
- the Demand;
- the Preliminary Examination fee and the handling fee (and late fee if applicable); and
- the ISR/WO (or declaration of non-establishment).
Every now and then someone will suggest that the PCT has the potential to be a bit dry. And whenever that happens, others will point out particularly fascinating aspects of the PCT that show how wrong that suggestion could be. And so it is today, as one alert reader on the PCT listserv (which of course you should join if you have not already done so) reminded listserv members a few minutes ago. She wondered why one would ever file a Demand if one had received a Declaration of non-establishment of an international search report. Her comment was informed by the fact that as a general rule, IPEAs usually will not carry out preliminary examination for any subject matter for which an international search has not been carried out.
Indeed why, despite having received a declaration of non-establishment, might one nonetheless feel the need to file a Demand? Continue reading “Filing a Demand if no ISR has been established?”