Application of the Written Description Requirement to Specific Situations in Design Applications

From the Federal Register Vol. 81, Number 73 (Fri., April 15, 2016), pp. 22233-22236, [Docket No.: PTO-P-2016-0001]

Request for Comments on the Application of the Written Description Requirement to Specific Situations in Design Applications

SUMMARY: The United States Patent and Trademark Office (``USPTO'' or``Office'') is evaluating how the written description requirement applies to certain design applications. In particular, the USPTO has developed a proposed approach for design examiners to apply general principles governing compliance with the written description requirement to specific situations in design applications. The USPTO is seeking public comment on the

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proposed approach as well as examples that the public believes would be helpful to illustrate the proposed approach or any suggested approach for applying the written description requirement in design applications.

DATES: Written comments must be received on or before June 14, 2016.

ADDRESSES: Comments should be sent by electronic mail message over the Internet (email) addressed to: DesignWrittenDescription2016@uspto.gov.

Comments may also be submitted by mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria,  VA 22313-1450, marked to the attention of Nicole D. Haines.

For more information: https://www.gpo.gov/fdsys/pkg/FR-2016-04-15/html/2016-08760.htm

International Cooperative Tool to Manage Patent Dossier and Examination Information

Global Dossier is a "set of business services being developed by the five IP Offices (IP5 - USPTO, EPO, JPO, KIPO, and SIPO) aimed at modernizing the global patent system and delivering benefits to all stakeholders through a single portal/user interface." It's first service, Dossier Access, is a user-friendly interface to find the patent family for an application, as well as related classification and citation data for each member of the patent family. Find the search tool at the top of the Global Dossier introductory page.

Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board

From the Federal Register, Vol. 81, No. 63 ( Fri, April 1, 2016) pp. 18750-18766:

Amendments to the Rules of Practice for Trials Before the Patent

Trial and Appeal Board

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Final rule.

SUMMARY: This final rule amends the existing consolidated set of rules
relating to the United States Patent and Trademark Office (Office or
USPTO) trial practice for inter partes review (``IPR''), post-grant
review (``PGR''), the transitional program for covered business method
patents (``CBM''), and derivation proceedings that implemented
provisions of the Leahy-Smith America Invents Act (``AIA'') providing
for trials before the Office.

DATES: Effective Date: This rule is effective May 2, 2016 and applies
to all AIA petitions filed on or after the effective date and to any
ongoing AIA preliminary proceeding or trial before the Office.

FOR FURTHER INFORMATION CONTACT: Susan L. C. Mitchell, Lead
Administrative Patent Judge, by telephone at (571) 272-9797.

SUPPLEMENTARY INFORMATION:
    Executive Summary: Purpose: This final rule amends the existing
consolidated set of rules relating to the United States Patent and
Trademark Office (Office or USPTO) trial practice for IPR, PGR, CBM,
and derivation proceedings that implemented provisions of the AIA
providing for trials before the Office, by allowing new testimonial
evidence to be submitted with a patent owner's preliminary response,
adding a Rule 11-type certification for papers filed in a proceeding,
allowing a claim construction approach that emulates the approach used by a district court following Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (hereinafter ``a Phillips-type or district court-type construction approach'') for claims of patents that will expire before entry of a final written decision, and replacing the current page limit with a word count limit for major briefing.

More information: https://www.gpo.gov/fdsys/pkg/FR-2016-04-01/html/2016-07381.htm

Wright Brother's Flying Machine Lost Patent is Found!

Orville and Wilbur Wright's US Patent number 821,393 "Flying Machine" lost 36 years ago has now been found in an archival cave in Lenexa, Kansas in time to celebrate the 100th anniversary of the patent. Select pages will be on display at the downtown D.C. National Archives West Rotunda Gallery starting on May 20, 2016. More information about the discovery and scheduled display is available at http://www.archives.gov/press/press-releases/2016/nr16-52.html and from a Washington Post article.

Patent Quality Chat Webinar on April 12

The Patent Quality Chat webinar series continues Tuesday, April 12, from noon – 1 p.m. ET.

The topic will be Excellence in Customer Service: 

Meet the Regional Offices, hosted by the regional directors of all four offices –

Christal Sheppard, Director of the Elijah J. McCoy Midwest Regional Office (Detroit);  
Molly Kocialski, Director of the Rocky Mountain Regional Office (Denver);
John Cabeca, Director of the Silicon Valley West Coast Regional Office (San Jose); and  
Hope Shimabuku, Director of the Texas Regional Office (Dallas).

The Regional Directors will highlight the activities at their individual offices, and they look forward to hearing your feedback about new ways that they could benefit their regions.

Webinar login information is available on our Chat website at
http://www.uspto.gov/patent/initiatives/2016-patent-quality-chats where you can also find information about previous and upcoming Patent Quality Chat topics, such as Topic Submission for Case Studies, the Cooperative Patent Classification (CPC) System, and Improving the Electronic Patent Application Process.

Trade Protection Not Troll Protection Act Introduced

On March 22, 2016 Representatives Tony Cardenas (D-CA) and Blake Farenthold (R-TX) introduced the Trade Protection Not Troll Protection Act to protect American companies from abusive litigation from patent trolls, companies that do no make or sell any products but purchase patents and then sue American employers for products that are already on the market. See a press release from Representative Cardenas that explains and links to the bill. If you'd like to follow the bill's progress through Congress, access H.R. 4829 - Trade Protection Not Troll Protection on Congress.gov and use the Get alerts button.