ContactGreen Technology Pilot Program
Posted Monday, January 25, 2010 by Jim Ruttler.
“The USPTO is implementing a pilot program to permit applications pertaining to “green technologies” (i.e., applications pertaining to environmental quality, energy conservation, development of renewable energy resources, or greenhouse gas emission reduction) to be advanced out of turn without meeting all of the current requirements of the accelerated examination program.” The Green Technology Pilot Program will run for 12 months from the effective date of December 8, 2009 or until they receive 3,000 petitions of previously filed new applications. Depending on the effectiveness of the program over the course of the year, the USPTO may choose to extend the pilot program. Until further notice, petitions to make special must be filed by December 8, 2010. No fee will be required for filing a petition under the Green Technology Pilot Program. To determine if a green invention qualifies for special status, please refer to the requirements set forth in the Federal Register attached below.
http://www.uspto.gov/patents/law/notices/74fr64666.pdf
USPTO Pilots Program to Accelerate the Patent Process for Small Entity Inventors
Posted Saturday, January 23, 2010 by Jim Ruttler.
The USPTO has announced intentions to launch a pilot program designed to give small entity inventors with two or more pending patent applications priority status if the applicant is willing to abandon an application that has yet to be examined. Applications are generally examined on a first file basis. However, this program will advance these special applications to the front of the examination queue. Director of the USPTO David Kappos said, “The program will accelerate protection for important innovations from independent inventors while reducing our unacceptable backlog. Getting these inventions to the market place quickly will also help stimulate the economy and create jobs”. The start date for the temporary pilot program will be announced in the next several weeks on the USPTO Web site.
http://www.uspto.gov/news/pr/2009/09_26.jsp
USPTO Launches Interactive Model Predicting Average Patent Pendency
Posted Monday, January 18, 2010 by Jim Ruttler.
A top priority of the United States Patent and Trademark Office (USPTO) is to reduce patent pendency periods. As part of this goal the USPTO is making efforts to operate with a higher level of transparency. In December the USPTO introduced an interactive Patent Pendency Model (PPM) on its Web site that will enable users to “estimate pendency periods using historical data to make calculations and to create graphs of predicted outcomes”. Director David Kappos has said he recognizes the importance of providing a means for stakeholders to see and understand the factors that affect the pendency of applications, which includes the number of examiner hires per year; the amount of overtime worked; and the number of patents filed. The PPM provides forecasts through 2016 and is an attempt to ensure innovators that improvements are being made to reduce patent pendency.
http://www.uspto.gov/news/pr/2009/09-33.jsp
Basic Intellectual Property Law Principles
Posted Saturday, January 16, 2010 by Jim Ruttler.
Despite its importance, business owners and entrepreneurs are often bewildered by the field of intellectual property law. As such, it is not uncommon for individuals to avoid taking important steps to protect their inventions, brands, and creative works because of confusion or lack of available information. While this area of the law is complex, knowledge of a few basic principles can be helpful as a framework for identifying potential issues and maximizing the efficiency of time spent with counsel. The following sets forth some important basic principles of intellectual property law.
Important Notice: The following is not a substitute for legal advice. It is important to speak with an attorney skilled in the area of intellectual property law prior to making decisions that can affect legal rights.
Trade Secrets
Subject Matter Protected: Trade secret law essentially protects any valuable information that is not generally known or readily ascertainable by others.
Requirements for Protection: Reasonable steps to safeguard the information and prevent its dissemination to the public are required. Any public disclosure of the information can destroy trade secret protection. No separate registration is required.
Rights: Trade secret law protects against stealing or otherwise obtaining protected information through improper means.
Drawbacks: Trade secret law does not prevent or protect against independent creation or reverse engineering of the subject matter.
Important Considerations: Formal policies and procedures should be developed and implemented to identify and maintain the confidence of potential trade secrets. Written agreements with partners, employees, and contractors should be obtained that set forth ownership interests in existing and future trade secrets.
Patents
Subject Matter Protected: Patentable subject matter includes any new or improved product or process, including software, mechanical devices, compositions, and electrical circuits.
Requirements for Protection: Registration with the U.S. Patent Office is required.
Rights: Patents protect against independent creation and reverse engineering as well as against making, using, selling, offering to sell, and importing of the patented invention.
Drawbacks: Patents are enforceable for a limited term of about seventeen years. Publication is required upon patent issuance and by default occurs eighteen months after filing, which publication eliminates any trade secret protection.
Important Considerations: Patent applications should be filed early and prior to any disclosures, publications, displays, or offers for sale of the inventive subject matter. Proper notice should be given as to the patent pending or patented status of an invention. Written agreements with partners, employees, and contractors should be obtained that set forth ownership interests in existing and future patentable subject matter.
Trademarks
Subject Matter Protected: Trademarks include any source identifier of a product or service, including names, slogans, and logos. Trademarks may also apply to product packaging and configurations.
Requirements for Protection: Registration of trademarks with the Trademark Office is highly recommended because of the enhanced protection afforded. Some limited protection is provided without registration.
Rights: Trademark law protects against confusingly similar uses of the trademark by others.
Important Considerations: Trademark applications should be filed early and do not require actual sales prior to application filing; although, actual sales are required prior to completion of the application process. A trademarks application is independent from domain name registration and business or trade name registration. Proper notice should be given as to both registered and unregistered trademarks. Ongoing trademark rights depend upon continued sales using the trademark.
Copyrights
Subject Matter Protected: Copyrights may apply to any creative expression embodied in a tangible medium, including of course music, books, and art as well as business manuals, websites, software code, marketing materials, and other similar material.
Requirements for Protection: Registration of copyrights with the Library of Congress is highly recommended because of the enhanced protection afforded. Some limited protection is provided without registration.
Rights: Copyright law protects against unauthorized reproduction, distribution, and display of copyrighted material by others.
Drawbacks: Copyright law does not prevent or protect against independent creation or copying of an idea or principle.
Important Considerations: Copyright applications should be filed as soon as possible. Proper notice should be applied to any creative work. Written agreements with partners, employees, and contractors should be obtained that set forth ownership interests in existing and future copyrightable subject matter.
Infringement
In addition to protecting intellectual property, one must also be concerned with infringing any trade secrets, patents, trademarks, or copyrights of others.
Permanent Injunction
Posted Monday, January 11, 2010 by Jim Ruttler.
As of today Microsoft Corp. must stop selling any version of Microsoft Word 2007 or Microsoft Office 2007 that includes a custom XML editor found to infringe a patent held by Toronto, Canada based i4i Incorporation. Versions of the software sold prior to the effective injunction date (January 11, 2010) are not affected by the ruling. i4i Inc. filed the patent infringement lawsuit in 2007. In August, a judge in the Eastern District of Texas issued a permanent injunction and ordered Microsoft to pay $290 million to i4i Inc. The injunction was stayed pending an appeal by Microsoft Corp., but on December 22, 2009, the U.S. Court of Appeals for the Federal Circuit affirmed the permanent injunction and monetary award. In its ruling, the court said: “In this case, a small company was practicing its patent, only to suffer a loss of market share, brand recognition and customer goodwill as the result of the defendant’s infringing acts.”
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