Intellectual Property Law

Hiding Peas
A recently published UPSTO Federal Register Notice regarding paperwork burdens for the proposed appeals rule change is oddly missing from all PTO lists of Federal Register Notices. The wafting scent is that this is something more than oversight, instead, a continuation of a two-year trend of failing to give sufficient notice of opportunity for public comment...

Roundup of recent USPTO federal register notices: patent agent practice, fees, new rules and more
It's been a busy few weeks in rulemaking at the USPTO, with several notices recently posted that deserve attention.  The notices relate to increases in fees for Fiscal Year 2009 because of the consumer price index, increases for PCT fees (and a correction), the scope of permissible practice of patent agents and changes to disciplinary procedures, the effective date of the currently-enjoined rules on applications with patentably indistinct claims, and the scope of foreign filing licenses, specifically as it relates to outsourcing patent application preparation outside the United States...

USPTO Announces Changes in Publication Format
As noted in the December 26, 2007, Federal Register (link below), the USPTO has decided to revise some of its publication formats effective January 1, 2008. Specifically, the USPTO has discontinued its separate weekly publication of USPTO notices in paper form, and it has also discontinued its annual publication of the consolidated listing of notices pertaining to USPTO practices and procedures, which was also published in paper form...

The Daily Dose of IP blog will resume on Wednesday, January 2nd - Have a Safe and Happy New Year!
As noted in the December 26, 2007, Federal Register (link below), the USPTO has decided to revise some of its publication formats effective January 1, 2008. Specifically, the USPTO has discontinued its separate weekly publication of USPTO notices in paper form, and it has also discontinued its annual publication of the consolidated listing of notices pertaining to USPTO practices and procedures, which was also published in paper form...

61 Reforms to C-61, Day 42: ISP Notice and Notice - No Penalty for False Notices
A second concern associated with the notice and notice approach in Bill C-61 is the absence of a penalty against claimants that file wrongful notices. This means that subscribers may receive completely erroneous notices regarding allegedly infringing content with no consequences to claimant...

Comments due on paperwork burden of Appeal Rule by 9 Aug 2008
David Boundy passed along information about a request for public comment on the Patent Office's estimates for paperwork burdens for the Appeal Rule, which note began:The Patent Office recently published a Federal Register notice that is not publicized on any of the PTO's lists of Federal Register Notices...