Patent & IP news for July 27, 2010

USPTO Stats

5,777
published
appl'ns
4,133
granted
patents
108
ptab
decisions

Patent & IP Blogs

post image If you think software patents are a pain, try software copyrights from ipkitten.blogspot.com

The judges who sit in the Court of Justice of the European Union must by now be thinking that the only way to stop Mr Justice Arnold sending them questions to answer is to have ...

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post image Marijuana Trademarks from blawgit.com

Trademarks
A trademark is a mark that identifies goods or services coming from a particular source. To register a trademark with the federal government, a trademark owner must identify the goods and/or services with ...

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post image A blueprint to nurture the creatives: it takes Brains ... from ipkitten.blogspot.com

A media alert from the Confederation of British Industry, "CBI launches blueprint to nurture UK’S creative industries", was circulated at the beginning of the week. According to its text:
The CBI is calling on ...

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post image Do poor people like different patents to rich people? from ipkitten.blogspot.com

That is the question - simplified - posed by a new paper by the economist Christian Kiedaisch of the ETH Zurich. The paper examines distributional implications of different patent policies. The proposed mechanism is that an increase ...

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post image Lightening Up from www.patenthawk.com

The USPTO today issued revised interim §101 guidelines in light of the SCOTUS Bilski decision. "The machine-or-transformation test remains an investigative tool and is a useful starting point." Other stated criteria include: applying laws of ...

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post image USC/Shoah’s $7m Patent License from ipinsider1.wordpress.com

Greater Good

IP Insider has been following the $7 million 11-patent license covering digital search algorithms discovered by the USC/Shoah Foundation.

University of Southern California licensing executive John Sweet, along with broker-adviser ICAP ...

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USPTO Provides Clarification Regarding Treatment of PTA Letters from www.patentdocs.org

By Donald Zuhn -- Last week, the U.S. Patent and Trademark Office published a notice in the Federal Register (75 Fed. Reg. 42079) to clarify how the Office will treat certain letters submitted by applicants ...

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The WHO’s Complex Path On Counterfeiting, R&D Financing, Pandemics from www.ip-watch.org

The World Health Organisation is following a complicated timeline for new mandates on combating fake medicines, creating alternative financing mechanisms for research and development on neglected diseases, and improving pandemic influenza preparedness. Related Articles:

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OpenETD and thesis plagiarism? from ipbiz.blogspot.com

An article on OpenETD or RUETD for Rutgers students to file their dissertations digitally, instead of paying the money to print multiple copies, ends with:

Now that other students have more access to dissertations online ...

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Library of Congress oks jailbreaking from ipbiz.blogspot.com

The New York Times reported on July 26: The Library of Congress, which has the power to define exceptions to an important copyright law [the DMCA], said on Monday [July 26] that it was legal ...

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Ten Ways to Improve the USPTO Website – Number 2 from inventblog.com

The second way to improve the USPTO.gov website would be to double check all of the information provided as facts.

For example, the Full-Text Database FAQ (among other pages) notes that (emphasis added):

Patents ...

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PTO Releases More Substantive Response to Bilski v. Kappos from www.awakenip.com

The U.S. Patent Office has today released new Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View of Bilski v. Kappos. This Guidance is a follow-up to its Memorandum to Patent ...

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Private: PatBase Express USA and US focused patent search systems from intellogist.wordpress.com

Sometimes less is more. At least that’s the theory behind PatBase Express USA (scroll to the middle of the page for more info). PatBase Express USA is a specific mask users can apply to ...

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Patent Office Releases Interim Bilski Guidelines from www.ipwatchdog.com

This morning the United States Patent and Trademark Office published Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View of Bilski v. Kappos. The Interim Bilski Guidance is effective July 27, 2010 ...

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Patently-O Patent L.J.: Overlapping Plaintiffs in False Marking Litigation from www.patentlyo.com

In the newest Patently-O Patent Law Journal publication, Robert Matthews discusses the law controlling false-marking suits when multiple plaintiffs sue for the same act of false marking. Matthews extrapolates the case-law to make two primary ...

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Review Of US Digital Millennium Copyright Act Brings New Exemptions from www.ip-watch.org

The United States Copyright Office this week completed its statutorily required review of the landmark Digital Millennium Copyright Act (DMCA). Included in the ruling were three major exemptions: a renewal on the exemption for cell-phone ...

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Exports, competitiveness and regional clusters from www.athenaalliance.org

Yesterday Brookings released a new report on exports and metro areas. While the report contains good analysis and recommendations, I fear its scope is too limiting. The report highlights which metro areas are competitive in ...

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PSA For TheraSense Amici: Filing Permission Must Be Requested from www.patentlyo.com

The TheraSense en banc order states that “amicus briefs may be filed without leave of court but otherwise must comply with Federal Rule of Appellate Procedure 29 and Federal Circuit Rule 29.”  Although I would ...

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Export Nation from www.infringementupdates.com

The following is excerpted from a July 27, 2010 article, "Local Exports Found Lagging," by Ann Belser of the Pittsburgh Post-Gazette:

The number of patents are important, Ms. Bradley said, because it shows whether the ...

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USPTO publishes interim guidance for assessing patentable subject matter post-Bilski from www.filewrapper.com

In a Federal Register notice today, the USPTO has published interim guidance regarding how examiners are to assess whether an application's patent claims fall within the scope of patentable subject matter defined in § 101 ...

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It's plagiarism whether you intended to do so or not from ipbiz.blogspot.com

Considering how the University of Virginia agonized over revising its code concerning plagiarism, consider what the American Historical Association (AHA) was doing BEFORE the Alison Routman incident at Semester at Sea (run by UVa):

As ...

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Abbott v Medinol: full text now available. from patlit.blogspot.com

A little while back, PatLit noted Abbott Laboratories Ltd v Medinol Ltd, an ex tempore judgment of Mr Justice Kitchin in the Patents Court, England and Wales on relevance and proportionality in an application for ...

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Patent Reform and Medical Innovation: There Are Reasons To Be Concerned from sharpip.blogspot.com

One of the constant challenges in crafting policy and law is to avoid unintentional consequences. This cannot be done by living in an ivory tower. When it comes to the business world in particular, there ...

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The definite Article? from ipkitten.blogspot.com

The IPKat's eye was attracted to a US media release, "Article One Announces Completion of Funding from Alleghany Corporation". The release brings news that Article One Partners, said to be "the world’s largest ...

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New Bilski Guidance and Request for Comments from just-n-examiner.livejournal.com

The office published their Interim Bilski Guidance for Examiners in the Federal Register today.

Surprisingly to me, they did so in the form of a Request for Comments.

I actually think that this is a ...

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Another post-Bilski 101 decision at the BPAI from allthingspros.blogspot.com

Takeaway: A month after Bilski v. Kappos, and we now have Ex parte Bigler, the second decision from the BPAI addressing § 101 in the post-Bilski world. The Board upheld the Examiner's § 101 rejection, finding ...

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PTO Examiner guidelines Bislki from allthingspros.blogspot.com

Takeaway: The new PTO guidelines for § 101 examination under Bilski are now available here. The guidelines identify a number of factors that should be weighed to determine whether a method claim is directed to an ...

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Mexico to Issue Regulations for Approval of "Biocomparable" Drugs from www.patentdocs.org

By Juan Serrano -- The Mexican General Health Law was reformed on June 11, 2009 to include an article 222 bis, which defined biotechnological drugs, and allowed for the approval of "biocomparables." The decree came into ...

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Argentine Patent Office Issues Regulation Restricting Divisional Filings from www.patentdocs.org

By Ignacio Sanchez Echagüe -- The Argentine Patent Office (Instituto Nacional de la Propiedad Industrial, INPI) has issued Regulation No. 147/2010, which restricts the ability of applicants to file divisional applications once substantive examination has ...

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Mexico to Issue Regulations for Approval of "Biocomparable" Drugs from www.patentdocs.org

By Juan Serrano -- The Mexican General Health Law was reformed on June 11, 2009 to include an article 222 bis, which defined biotechnological drugs, and allowed for the approval of "biocomparables." The decree came into ...

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D.C. District Court Sides With FDA/Hospira/Teva, Against Sanofi-Aventis, in Eloxatin Case from www.orangebookblog.com

Sanofi-Aventis, et al. v. Food and Drug Administration, et al., No. 09-1495 (D.D.C. 2010)

The question in this case is "whether a vacatur entered by an appellate court overrides the terminating effect that ...

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