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What does TYFNIL mean?

Recently in the Design Listserv a Paris Convention question arose.  The question was, under Article 4 of the Paris Convention, could a design application claim priority from an earlier utility application?  It’s a good question and if you have any thoughts about this, I urge you to join that listserv and share your thoughts.

But what prompts this blog article is the initialism “TYFNIL”.  (It is not an acronym.)  A listserv member pointed out that even if the Office examining the design application were to find nothing wrong with such a priority claim, the owner of the design protection would never really know for sure where they stood until TYFNIL.  What does that mean?   Continue reading “What does TYFNIL mean?”

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USPTO wrongly bouncing inventor declarations

Over on the EFS-Web listserv (the email discussion group for patent filers at the USPTO) there was an interesting discussion recently.  A number of USPTO customers (frequent patent filers at the USPTO) were talking about USPTO’s bad habit of bouncing inventor declarations that have nothing wrong with them.

It would not be so bad if USPTO were to do its bouncing promptly after the inventor declaration is filed.  In that case, if indeed there were actually something wrong with the inventor declaration, it would be a realistic goal to round up a fresh signature from the inventor.

Instead, the USPTO waits until allowance to mail the “Notice Requiring Inventor’s Oath or Declaration” (Form PTOL-2306).  The Notice states that there is some real or imagined defect in the inventor declaration that was filed back when the patent application was filed in the first place.  In a very large percentage of cases, there is not actually anything wrong with the inventor declaration. Continue reading “USPTO wrongly bouncing inventor declarations”

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Past April Fool’s Day articles

Here are some of my past April Fool’s Day blog articles:

As for the second article (USPTO relocates its “contingency” EFS-Web server) what is particularly sad is that it should not have been an April Fool’s article at all.  As many have pointed out over the course of many years, there is an ongoing need for USPTO to relocate its contigency patent e-filing server to a geographic location distant from the main e-filing server.  There have been many system outages at the USPTO over the years in which both the main server and the “contingency” server were both out of service.  It is just common sense that the two servers should not be in the same building, connected to the Internet through the same single connection point, powered by the same source of electrical power.

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Thirteen seats left for AIPLA Trademark Roundtable in Denver

It will be recalled that AIPLA is hosting a free-of-charge trademark roundtable at the Denver patent office.  Two very important people from the Trademark Office will be there — Meryl Hershkowitz, the Deputy Commissioner for Trademark Operations, and Wendy Cohen, Interlocutory Attorney for the Trademark Trial and Appeal Board.  This is a rare and unique opportunity to talk face-to-face with Trademark Office people about issues that are important to you as a trademark applicant or practitioner.

Only thirteen seats remain open for this roundtable.  If you want to attend, now is the time to register.  You can see the event page here on the USPTO web site.

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Time of day returns to normal for US filers filing at the International Bureau

Readers will recall my blog post of two weeks ago in which I described that an American filer would (for a limited time of two weeks) have an extra hour during which to file a same-day filing at the IB.  Well, now it’s back to normal.  Now the drop-dead time for e-filing (or fax filing) is the usual 4PM (Mountain Time).

So for your PCT filing at the RO/IB, or your direct filing of a Hague Agreement design application, or your payment of a renewal for a Madrid Protocol international trademark registration, or an Article 19 amendment, or a PCT Demand … it’s back to normal.