In a previous blog post I urged you to adopt a digital wallet. Players in the digital wallet arena are falling by the wayside, but this leave unchanged the important reason why you should adopt a digital w
allet, namely that bad guys won’t be able to skim your credit card number as they would with your use of a swiped mag-stripe card. Most strikingly the digital wallet that I adopted, Softcard, has bitten the dust. Appropriately for this blog, nobody actually purchased the ill-fated Softcard. Instead someone merely purchased its intellectual property.
What caption to use when responding to a patent Office Action?
Most of us, when we were learning how to prepare a response to a patent Office Action in the USPTO, were taught to load up the caption with every conceivable piece of information. When I was first in practice I was taught to provide not only the application number but also the art unit, the Examiner’s name, the filing date, and the title of the invention. Some years later the USPTO introduced the “confirmation number” and this, too, went into the caption. Now I skip all of this and I use the application number and nothing else in the caption. Why?
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Why it’s a bad idea to generally authorize charges to your Deposit Account
There’s a fascinating thread over at the EFS-Web listserv today, about general authorizations to charge USPTO Deposit Accounts. As I will discuss in this blog post, I think that nowadays it is unwise to give a general-authorization-to-charge to the USPTO in a patent application.
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Closure on changes in PCT fees (was “Four Fridays”)
Readers will recall my January 26 posting and my February 4 posting about the consequences of the decision on January 15 by the Swiss central bank to allow the Swiss Franc to rise to its natural level after over a year during which the bank had sought to cap the percentage difference between the Swiss Franc and the Euro. The Swiss Franc jumped 15 to 20 to 30 percent relative to various other currencies. I predicted that the International Bureau would seek to revise the “equivalent amounts” for the PCT international filing fee and other PCT fees payable to the International Bureau and would seek to make the revised fees effective much sooner than the usual delay of 3-4 months. Now the new fees have been set and indeed they will take effect sooner than the usual delay.
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USPTO will be closed on Tuesday, February 17
The weather reports for the Washington area call for “six to ten inches of snow” between now and noon on Tuesday. So the USPTO will be formally closed on Tuesday, February 17. This means that if you needed to file something on the 17th to satisfy some USPTO due date, it will be timely if filed on Wednesday the 18th.
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When the new fifteen-year design patent term takes effect?
In a recent blog post I said that May 13, 2015 will be a big day, and one of the reasons it will be a big day is that design patents granted from applications filed on or after that day will enjoy a fifteen-year term. This is a longer term than the fourteen years with which we are familiar.
In response, alert reader and patent practitioner Karen Oster asked about the many web articles that say that the effective date for the fifteen-year patent term was fourteen months ago on December 18, 2013. Among them are:
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Countdown to the Hague Agreement in the US
Here is a countdown to the date (May 13) when the US will belong to the Hague Agreement.
USPTO closed Monday February 16
Just a reminder that the USPTO will be closed on Monday, February 16. This is Washington’s Birthday* which is a federal holiday.
Anything that you might need to do by February 16 to satisfy some USPTO due date may be postponed until Tuesday, February 17 and will still be timely.
The importance of May 13, 2015 for US design patent filers
May 13, 2015 is an extremely important day for US design patent filers. Why? Because if you are smart about May 13, you can get a US design patent with a fifteen-year patent term rather than a fourteen-year patent term.
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US makes more progress toward the Hague Agreement
The Hague Agreement is the international filing system for design protection that corresponds to the PCT filing system for international utility patent protection and the Madrid filing system for international trademark protection. The progress of the United States toward membership and participation in the Hague Agreement has been slow and at times tortuous. As I blogged here, President Clinton signed the treaty in 1999. Many years passed before the Senate ratified it in 2007. Congress needed to pass enabling legislation which finally happened in 2012. Next the USPTO needed to promulgate proposed Rules, which it did in 2013. The next important step was for the United States to deposit an “instrument of accession” to the Agreement with WIPO.
Interestingly somehow the United States and Japan managed to coordinate their efforts, and the two countries deposited their instruments of accession on the same day, Friday, February 13, 2015. You can see WIPO’s press release here. 
And at right is a photograph (courtesy of WIPO) showing the historic event. You can see US Ambassador Pamela Hamamoto handing the Instrument of Accession to WIPO Director General Francis Gurry.
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