EPO Patent Practice Update
March 12, 2010
The EPO has changed its rules for filing Divisional applications. Previously, Divisional applications could be filed from any pending European application. Now, the deadline for filing voluntary divisional applications is 24 months from the date of the first official communication…
Read MoreUpcoming CLE – 2009 IP Year in Review
March 2, 2010
Please mark your calendars for Tuesday, April 27th, as Woodard, Emhardt partner Chuck Schmal will be one of the featured speakers reviewing interesting case law and other developments in the past year in the areas of patent, trademark, copyright and internet law. The seminar…
Read MoreNew Examiner Count System Takes Effect
February 26, 2010
As we previously discussed, the United States Patent and Trademark Office (USPTO) proposed significant changes to the Examiner count system on September 30, 2009. Those proposed changes took effect on February 18, 2010. As indicated in the USPTO press release…
Read MoreCAFC: You Can’t Copy And Then Turn A Blind Eye To Avoid Induced Infringement
February 18, 2010
The Federal Circuit has recently addressed the issue of the knowledge required to support a finding of induced infringement under 35 U.S.C. § 271(b). SEB S.A., et al. v. Montgomery Ward & Co., et al., Case Nos. 2009-1099, -1108, -1119…
Read MoreSave More Money by Filing Online
February 12, 2010
The Copyright Office increased its fees for certain types of filings effective August 1, 2009. The new fee schedule can be found at http://www.copyright.gov/docs/fees.html#ftn. Under the new fee schedule, the fee for online registration for a basic claim would remain…
Read MoreICANN Going Global
February 12, 2010
ICANN (the body responsible for regulating domain names) is expanding the domain name system to better reach an international audience. Domain names consisting of non-latin characters, including Chinese, Arabic, and Hebrew, are now permitted. The program enables countries and territories…
Read MoreCAFC Upholds Finding of Inequitable Conduct For Failure to Disclose Contradictory Statements Regarding Prior Art
February 11, 2010
The Federal Circuit has recently affirmed a Northern District of California decision finding, among other things, U.S. Patent No. 5,820,551 (the ‘551 patent) unenforceable due to inequitable conduct. Therasense, Inc. v. Becton, Dickinson and Co., Case No. 2009-1511 (Fed. Cir.…
Read MoreHappy Birthday, Edison! National Inventor’s Day
February 8, 2010
February 11th is National Inventors’ Day in the United States. It is celebrated on the birthday of one of the best inventors in the history of the United States: Thomas Alva Edison. Edison has over 1,000 U.S. patents issued in…
Read MoreHefty Fines For False Patent Marking
February 5, 2010
As many patent owners and licensees are aware, U.S. law allows manufacturers of patented products to mark the product with the number of the relevant patent (or simply “patent pending” if a patent has been applied for). This not only…
Read MoreExtend Your Patent Term
February 5, 2010
In a recent case (Wyeth v. Kappos), the Federal Circuit issued an opinion concerning how Patent Term Adjustment (PTA) should be calculated. The USPTO’s method of calculating PTA will now be revised based on the new standard. The result favors…
Read MoreTrademarks: First Madrid Protocol Affidavits Coming Due
January 26, 2010
In a recent blog update (link below), USPTO Director David Kappos issued a reminder that the first affidavits for extensions of trademark protection issued under the Madrid Protocol will be coming due between February 1, 2010 and February 1, 2011.…
Read MoreProposed Modifications to BPAI Rules Regarding Ex Parte Appeals
January 7, 2010
The United State Patent & Trademark Office (USPTO) is considering modifications to rules governing practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte appeals. Changes to the BPAI rules were first proposed in 2007 and finalized…
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