Patent Law Practice Center

Top 5 Patent Law Blog Posts of the Week

Today we continue our weekly installment highlighting the best of the patent blogosphere from the past week. If there are any patent blogs you think should be highlighted by our Top 5, please comment on this post and we’ll check them out.

1) Patently-O: AIA Changes The Role of the Eastern District of Texas – This post brings attention to the article, 2011 Trends in Patent Case Filings, by James C. Pistorino and Susan Crane, in which they discuss the impact the AIA’s new joinder provisions has on the distribution of new lawsuit filings. The new joinder rules limit the ability of a plaintiff to join multiple unrelated defendants in a single action, which as a result, may allow courts to more easily transfer venue and thus shift filing focus away from the Eastern District of Texas.

2) Article One Partners Blog: Donald Duck, Patents, and Ping Pong Balls – This post entertains the notion that it may be possible to use a comic strip as a form of prior art. As per the post, ” “Enabling” is a key facet of prior art.  On the other hand, if one can demonstrate obviousness, then a patent can be rendered moot.  In this case, Donald Duck may have succeeded in making the idea obvious.”

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USPTO To Launch Prioritized Patent Examination Program May 4, 2011

The USPTO recently announced that the agency will launch it’s new prioritized examination system known as “Track One” on May 4, 2011.  Under the program, patent applicants can elect to accelerate examination of their patent applications (if the application meets certain requirements) filed on or after May 4, 2011.  The USPTO will then “prioritize” the handling of your patent application with a goal of reaching a final disposition within twelve months.  If “accorded special status”, the patent application will be placed on the examiner’s special docket throughout its entire course of prosecution before the examiner until a final disposition is reached.  Final Disposition for a twelve month goal means: (1) mailing of a notice of allowance; (2) mailing of a final Office action, (3) filing of a notice of appeal, (4) declaration of an interference by the BPAI, (5) filing of a request for continued examination, or (6) abandonment of the application within 12 months from the date prioritized status has been granted.

To qualify for Track One prioritized status, an applicant must meet certain requirements: (more…)