Monday, June 27, 2011

Politico Comments on Patent Law Amendments Clearing House

The American Invents Act looks more and more likely to pass into law, as the bill only needs final approval from the Senate and a signature from President Obama, which he has indicated he will give. 

The bill has retained proposed changes from a first to invent patent system, into a first to file system, unpopular in some quarters.  The bill also addresses ending USPTO fee diversion, a strong driver of the bill, a factor that has been gaining more support as the USPTO suffers from budget cuts in the present fiscal year.

Patent law rewrite clears House - Brooks Boliek - POLITICO.com

Wednesday, June 15, 2011

Interesting Article: China Leading in Chemical Patent Applications

http://www.eurekalert.org/pub_releases/2011-05/acs-crk052311.php

EU Court of Justice Considereing Test Case on Stem Cells

See the link below on a test case that could make it illegal to patent any application that may utilize stem cells.

http://www.thecourier.co.uk/Community/College-and-University/article/13459/court-ruling-on-stem-cell-patents-could-hit-dundee-s-biotech-sector.html

Microsoft Argued nto Lower the Burden of Proof Bar at Trial

In the case Microsoft v. i4i, Microsoft argued a position which could have drastically change patent law. They argue that a party being sued as a patent infringer should not need to show supporting evidence to the established standard of "a preponderance of the evidence" and instead proof showing that they are not infringing the complainants patent to the level of "clear and convincing" should satisfy their burden of proof.

See other comments:
http://www.pharmapatentsblog.com/supreme-court-decisions/supreme-court-ponders-burden-of-proof-in-i4i/

http://www.jdsupra.com/post/documentViewer.aspx?fid=38adc0d1-dea6-4f0a-920f-4df4e29814bd

Wednesday, April 27, 2011

Congress Shortsighted Cuts Hit USPTO Hard

The US Patent and Trademark Office is already behind on US patent filings, and had planned programs to speed up filing and to work on the backlog. Now that is all on the backburner. The US PTO has canceled the Track 1 accelerated patent prosecution, frozen hiring, and canceled opening another office. As President Obama had noted that innovation and growing jobs was greatly needed to continue creating jobs in the weak economy I am left puzzled by Congress' deeps cuts to the US PTO's funding? This is only more disappointing because the US PTO is a government office that actually turns a nice profit and is fee funded not taxpayer funded.

Sunday, April 17, 2011

Nano-Medical Treatments: A Beginning

IBM has a breakthrough treatment for MSRA using nanotechnology. IBM's nanomedical breakthrough is potentially fighting this disease better than conventional antibiotics. For the press release see http://www-03.ibm.com/press/us/en/pressrelease/34144.wss.

Prioritized Examination Track, Track 1 is a Go!

On April 4, 2011 the PTO issued a final rule to implement prioritized examination upon an applicant’s request and payment of a $4,000 request fee and other filing fees. The New rule is effective May 4, 2011. For details see the USPTO website.