USPTO Proposes Three-Track Patent Examination System
On June 4, 2010, the US Patent and Trademark Office (USPTO) published in the Federal Register a detailed call for comments and the announcement of a public meeting to discuss it’s proposed Three-Track patent processing initiative. Federal Register/ Vol.75, No 71/Friday, June 4, 2010/ notes. The public meeting will take place at the USPTO office on July 20, 2010.
Under the proposed initiative, for applications filed first in the United States, an applicant may: (1) Request prioritized examination (Track I); (2) for non-continuing applications, request a delay lasting up to 30 months in docketing for examination (Track III); or (3) obtain processing under the current procedure (Track II) by not requesting either (1) or (2). As for applications filed in the USPTO that are based on a prior foreign-filed application, the proposed process is quite different.
According to Jack O’Brien, founder of Law Offices of John A. O’Brien P.C. and Practice Center Contributor, “All applications filed first in the United States can freely participate this three track system. However, US patent applications based on a prior foreign filed application are delayed.” (more…)
Patent Case Management Judicial Guide: Best Practices Book For Judges & Attorneys
This week I had an opportunity to watch the webcast of PLI’s 4th Annual Patent Law Institute that took place in New York on March 1-2nd. As usual, the Institute delivered an enormous amount of insightful and practical information. The elite panel of experts covered everything you need to know about the practice impact of recent developments on all three sub-groups in the patent law community: patent prosecutors, patent litigators, and patent strategic & transactional lawyers.
During the final session of the Patent Law Institute, an esteemed panel of federal judges shared their perspective on critical patent litigation issues including trial presentation, discovery disputes (when and how to seek the court’s assistance), Markman procedures and dispositive motions (how to use these motions to maximum effect).
Honorable Elizabeth D. Laporte, Magistrate Judge, United States District Court, Northern District of California, San Francisco, mentioned a book titled Patent Case Management Judicial Guide, written by Peter S. Menell, University of California Berkeley-School of Law, et al. Judge Laporte strongly recommended the book as a valuable resource for both Judges and attorneys. (more…)
05.25.10 | Patent Case Management, Patent Litigation | Stefanie Levine
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06.8.10 | Patent Case Management, Patent Issues, Patent Litigation, Patent Prosecution, posts, USPTO | Stefanie Levine