Monday, December 21, 2009

Trademark Registrations Affidavits

USPTO Director David Kappos' blog entry for Tues., Dec. 15, discusses the filing of trademark affidavits for a registered extension of protection under the Madrid Protocol. To maintain a trademark, registrants must file affidavits denoting use in commerce or excusable nonuse, but the requirements for affidavits differs for registered extensions of protection filed under the Madrid Protocol. While all other trademarks registrations have a six-month filing grace period with the ability to correct deficiencies, registered extensions of protection provide no grace period for the first filing and only a three-month extension for subsequent filings. They also do not allow for correcting deficiencies after the due date.

For more information, see Director Kappos Dec. 15 entry.

Thursday, December 10, 2009

Federal Register - Green Technologies Pilot Program

Federal Register: December 8, 2009 (Volume 74, Number 234)]
[Notices][Page 64666-64669]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de09-24]

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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-P-2009-0038]

Pilot Program for Green Technologies Including Greenhouse Gas
Reduction
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.

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To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr08de09-24

SUMMARY: The United States Patent and Trademark Office (USPTO) is implementing a pilot program in which an applicant may have an application advanced out of turn (accorded special status) for examination, for applications pertaining to green technologies including greenhouse gas reduction (applications pertaining to environmental quality, energy conservation, development of renewable energy resources or greenhouse gas emission reduction). Currently, an application pertaining to environmental quality, or energy conservation, development of renewable energy resources or greenhouse gas reduction will not be advanced out of turn for examination unless it meets the requirements of the accelerated examination program. Under the Green Technology Pilot Program, applications pertaining to environmental quality, energy conservation, development of renewable energy, or greenhouse gas emission reduction, will be advanced out of turn for examination without meeting all of the current requirements of the accelerated examination program (e.g., examination support document). The USPTO will accept only the first 3,000 petitions to make special in previously filed new applications, provided that the petitions meet the requirements set forth in this notice.

DATES: Effective Date: December 8, 2009.

Duration: The Green Technology Pilot Program will run for twelve months from its effective date. Therefore, petitions to make special under the Green Technology Pilot Program must be filed before December 8, 2010. The USPTO may extend the pilot program (with or without modifications) depending on the feedback from the participants and the effectiveness of the pilot program.

FOR FURTHER INFORMATION CONTACT: Pinchus M. Laufer and Joni Y. Chang, Senior Legal Advisors, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, by telephone at 571-272-7726 or 571-272-7720; by facsimile transmission to 571-273-7726, marked to the attention of Pinchus M. Laufer; or by mail addressed to: Mail Stop Comments Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

Tuesday, December 8, 2009

Accelerated Examination for Green Technology Patent Applications

If you haven't had a chance yet to check USPTO Director David Kappo's blog, you are missing helpful information. Today's (Dec. 8, 2009) entry gives details about a pilot program designed to reduce the average processing time of green technology patent applications. The program will be open to the first 3,000 applications already on file with the USPTO for which inventors add a no-cost petition indicating "how the invention materially contributes to environmental quality, the discovery or development of renewable energy resources, more efficient utilization and conservation of energy resources, or greenhouse gas emission reduction."

Thursday, December 3, 2009

Requirements for Patent Applications Containing Nucleotide Sequence and/or Amino Acid Sequence Disclosures.

Federal Register: December 2, 2009 (Volume 74, Number 230)]
[Notices][Page 63118]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02de09-18]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Submission for OMB Review; Comment Request

To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr02de09-18

Title: Requirements for Patent Applications Containing Nucleotide
Sequence and/or Amino Acid Sequence Disclosures.

Needs and Uses: Patent applications that contain nucleotide and/or amino acid sequence disclosures must include a copy of the sequence listing in accordance with the requirements in 37 CFR 1.821-1.825. Applicants may submit sequence listings for both U.S. and international patent applications. The USPTO uses the sequence listings during the examination process to determine the patentability of the associated patent application. Sequence listings are also disclosed as part of the published patent application or issued patent. Applicants use sequence data when preparing biotechnology patent applications and may also search sequence listings after publication.

Under 37 CFR 1.821(e)-(f), applicants must also submit a copy of the sequence listing in ``computer readable form'' (CRF). If the CRF sequence listing in a new application is identical to the CRF sequence listing of another application that the applicant already has on file at the USPTO, the applicant may submit a statement identifying the application and CRF sequence listing that is already on file rather than having to submit a duplicate copy of the CRF listing for the new application. The USPTO is proposing to add a new form to this collection, Request for Transfer of a Computer Readable Form Under 37 CFR 1.821(e) (PTO/SB/93), in order to assist customers in submitting this statement.

I.T. & Web 2.0 Venture Forum - Rice Alliance

The Rice Alliance for Technology and Entrepreneurship will hosts its 7th annual I.T. & Web 2.0 Venture Forum on Thursday, Dec. 10, 2009. The forum provides an opportunity for I.T. & Web 2.0 technology companies to showcase their ventures before an audience of venture capitalists, investors, industry representatives, business leaders, advisors/mentors, and service providers. The day's activities will end with an announcement of the winners of the Most Promising I.T. & Web 2.0 Companies. See the Rice Alliance site for registration information and a more detailed description.

Tuesday, December 1, 2009

Federal Register: Patent Application Backlog Reduction Stimulus Plan

[Federal Register: November 27, 2009 (Volume 74, Number 227)][Notices]
[Page 62285-62287]
From the Federal Register Online via GPO Access [wais.access.gpo.gov][DOCID:fr27no09-36]

To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr27no09-36
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No.: PTO-P-2009-0040]

Patent Application Backlog Reduction Stimulus Plan

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice.

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SUMMARY: The United States Patent and Trademark Office (USPTO) has a procedure under which an application will be advanced out of turn (accorded special status) for examination if the applicant files a petition to make special with the appropriate showing. The USPTO is providing an additional temporary basis under which a small entity applicant may have an

[[Page 62286]]

application accorded special status for examination if the applicant expressly abandons another copending unexamined application. This procedure will allow small entity applicants having multiple applications currently pending before the USPTO to have greater controlover the priority with which their applications are examined while also stimulating a reduction of the backlog of unexamined patent applications pending before the USPTO.

DATES: Effective Date: November 27, 2009.

FOR FURTHER INFORMATION CONTACT: Pinchus M. Laufer, Office of the Deputy Commissioner for Patent Examination Policy, by telephone at 571-272-7726; or by facsimile transmission to 571-273-7726, marked to the attention of Pinchus M. Laufer; or by mail addressed to: Box Comments Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.