Small Business Seminar June 13, 2007

The USPTO, the United States Chamber of Commerce, and the state of North Carolina are hosting a free conference on counterfeiting and piracy from 9:30 a.m. to 4 p.m. June 13 at the McKinnon Center on the campus of North Carolina State University in Raleigh. Topics to be covered include how to work with law enforcement officials to safeguard intellectual property, how to protect the supply chain here and abroad, how to protect brands using state and government resources, and what the USPTO and Chamber of Commerce are doing to defend American business. Register at http://ncsoskb.com (shortened URL that goes to the USPTO site) using REGISTRATION CODE:June 13.

Peterlin Appointed USPTO Deputy Director

Margaret J.A. Peterlin has been named Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (USPTO). According to Jon Dudas, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, "Margaret's leadership will be instrumental in the USPTO's efforts to work with applicants to enhance the quality of their applications, process patents and trademarks in a timely manner, and operate in a way that motivates our employees and inspires our international partners.”

Ms. Peterlin earned a law degree from the University of Chicago, clerked on the Fifth Circuit Court of Appeals for Judge Jerry E. Smith, acted as General Counsel to Richard Armey, Majority Leader of the U.S. House of Representatives, and served as Counsel for Legal Policy and National Security Advisor for House Speaker J. Dennis Hastert.

Obviousness Test for Patents

In KSR Int'l Co. v. Teleflex Inc. the Supreme Court has invalidated the old interpretation of the "obviousness" test for granting patents. The new interpretation of the obviousness test should make it easier to deny or invalidate patents.

Happy World Intellectual Property Day

The World Intellectual Property Organization (WIPO) has declared April 26, 2007 as World Intellectual Property Day. Countries around the world are celebrating with a wide variety of activities ranging from intellectual property contests for students to seminars to on-line chats.

For universities and research and development (R&D) organizations in developing countries, WIPO has recently launched the WIPO University Initiative. This program uses Intellectual Property (IP) Coordinators who provide information and advice about IP matters to enable these organizations to implement IP policies, analyze IP information, develop IP assets, and make wise decisions about technology transfer and licensing.

Proposed Changes - USPTO

The USPTO has recently published in the Federal Register several proposed changes to patent procedures.

First, the USPTO is piloting a program that will allow customers to access and manage their financial activity records online.

Next, regarding ex parte and inter partes reexamination proceedings, the USPTO proposes to add two items, an electronic version of the Issue Fee Transmittal (Form PTOL-85B) and a petition to request an extension of time.

Likewise, the USPTO posted a final rule pertaining to ex parte or inter partes reexamination designating the correspondence address for the patent as the correct address for all communications. It also specifies the use of a single mail stop address to file ex parte reexamination papers (as is already the case for inter partes reexamination papers) and prohibits supplemental patent owner responses to an Office action in inter partes reexamination proceedings without sufficient cause. The USPTO, however, is not implementing a proposed rule "to newly provide for a patent owner reply to a request for reexamination, prior to the Office's decision on the request."

Finally, as of Oct. 31, 2007, the USPTO will cease accepting correspondence sent to the previous location of the Madrid Processing Unit (MPU) in Arlington, Virginia. The current address is: Madrid Processing Unit, 600 Dulany Street, MDE-7B87, Alexandria, VA 22314-5793.