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Archive for January, 2012

While We Were Eating Turkey and Drinking Wassail II: The USPTO Proposed Rule Changes for Assignments

by Orlando Lopez

In one of the four notices that the USPTO issued in the Federal Register from November 22 through December 16, 2011, requests for comments were issued for proposed changes to the rules on patent assignments.  In this post, we continue providing comments in response to those requests.

The group of requests, including the second request through the fourth request reproduced below, relate to the requirement of information to be provided by the applicants:

2)      Would it be in the public interest for the USPTO to obtain from applicants, updated identification of the assignee at the time of allowance, e.g. in response to the Notice of Allowance?  Are there limitations on the USPTO’s rights and powers to require the reporting of such information?

3)      Would it be in the public interest for the USPTO to obtain from applicants, updated identification of the assignee during prosecution of the application?

4)      Would it be in the public interest for the USPTO to obtain from applicants, updated identification of the assignee after issue of the patent?   What are the appropriate consequences of non-compliance? Read the rest of this entry »

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While We Were Eating Turkey and Drinking Wassail: The USPTO Federal Register Notices From Late November

by Orlando Lopez

The period from late November until the beginning of the new year presents challenges to those trying to keep up with his or her work and with the outside world while we  celebrate the holidays.  While we were eating turkey and drinking wassail from November 22 through December 16, 2011,  the USPTO issued four notices in the Federal Register.  These notices either notify of changes in the practice or ask for comments on proposed new rules.  In this post, we present the request for comments on proposed rules for assignments and we comment on the first request for comments.  We will also present our comments in response to the other request and then comment on the new rules for BPAI practice in later posts.

The Federal Register notice issued on November 23, 2011, which details the proposed rules for assignments, documents requests comments in the following areas (provided as listed in the Federal Register): Read the rest of this entry »

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