Recent IP news and information from around the web:
- The Patent Reform Act of 2010 receives a favorable opinion and thorough analysis on Patent Baristas. Stephen Albainy-Jenei notes a number of critical features of the proposed bill, including authorization for the USPTO to set its own fees, a move to first-to-file, raising the bar for findings of inequitable conduct and willful infringement, elimination of the best mode requirement, new pre- and post-grant review procedures, and more. In my mind it is a mix of really good changes and not-so-good changes- of course odds are good we will end up with the status quo as usual. Fortunately Kappos seems to be doing a good job internally.
- Gene Quinn at IPWatchdog discusses the new USPTO proposal allowing the extension of provisional patent application pendency from 12 to 24 months. Quinn approves, although he comments regarding the use of late-filing procedures: “I really hope that as patent reform moves forward in Congress someone can add a simple amendment to the bill that would change ’12 months’ and ’12-month period’ in 111(b)(5) to ’24 months’ and ’24-month period’ respectively. That would be cleaner for sure.“ I personally dislike that this has been billed as examination deferral when in reality it seems more of a trap for the unwary.
- Just N Examiner reports and discusses the recent change to patent examiner hoteling rules. Experienced examiners have been allowed to work at home for years now, reducing the amount of office space needed on the PTO campus in Alexandria. However, prior to the rules change Examiners had to check in at the PTO twice every biweek. Is this change a step towards a nation-wide examining corps?
- IP Kat discusses the interplay of trademarks and brands and the difficulty of defining and analyzing brands in a business context.
- Duets Blog illustrates how direct navigation allows cybersquatters to profit from your business.
Any thoughts or questions on the latest Patent Reform Act or the PTO’s new proposal for provisional patent applications?
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