Department of Commerce Report on Copyright Policy in the Digital Age.

February 6, 2014 by nvantreeck

As Congress continues to hear testimony regarding potential changes to the U.S. copyright system, the Department of Commerce issued a green paper on Copyright Policy, Creativity, and Innovation in the Digital Economy. It addresses striking the proper balance between the rights of copyright holders and the innovative power of the Internet and the free flow of information.

“Copyright law strikes a number of important balances in delineating what is protectable and what is not, determining what uses are permitted without a license, and establishing appropriate enforcement mechanisms to combat piracy, so that all stakeholders benefit from the protection afforded by copyright,” said U.S. Secretary of Commerce Penny Pritzker. “Ensuring that our copyright policy provides incentives for creativity while promoting innovation on the Internet is a critical and challenging task. The Green Paper released today is an important step toward ensuring that the United States’ creative industries continue to have a substantial impact on strengthening our nation’s economy.”

The green paper was prepared by the Department of Commerce’s Internet Policy Task Force (IPTF) with input from the U.S. Patent and Trademark Office (USPTO) and the National Telecommunications and Information Administration (NTIA). According to the USPTO, it is the most thorough and comprehensive analysis of digital copyright policy issued by any administration since 1995.

The report includes recommendations to establish a stakeholder dialogue on improving the operation of the notice and takedown system under the Digital Millennium Copyright Act (DMCA) as well as proposals to solicit public comments and convene roundtables on:

The legal framework for the creation of remixes;
The relevance and scope of the first sale doctrine in the digital environment;
The application of statutory damages in the context of individual file-sharers and secondary liability for large-scale online infringement;
The appropriate role for the government, if any, to help improve the online licensing environment, including access to comprehensive public and private databases of rights information.

How Can I Help?

If you, or someone you know, need any help with Intellectual Property issues, from filing a patent, trademark or copyright, or just need advice regarding how best to protect your inventions, ideas or your brand, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine. As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

Support For Expanded Review Of Business Method Patents.

February 5, 2014 by nvantreeck

While there are several anti-patent troll bills pending in Congress, the STOP Act seems to be gaining the greatest traction. It would make the U.S. Patent and Trademark Office’s Transitional Business Method Program permanent and expand it to other industries.

The new post-grant review procedures under the America Invents Act allow a third party to challenge a patent’s invalidity on a number of grounds, including prior art, lack of enablement, lack of novelty, or inadequate written description. Post-grant review allows parties to raise a number of new challenges that were previously reserved for litigation.

Under the proposed legislation, the definition of “covered business methods” would be expanded to include “an enterprise” or “a product.” The STOP Act, sponsored by Reps. Darrell Issa and Judy Chu, closely mirrors Senate legislation introduced by Sen. Chuck Schumer this spring.

In a letter to leaders of the judiciary committees of both the House and Senate, nearly 50 major U.S. companies, including Morgan Stanley, Google, Wal-Mart and Dell, expressed support for the legislation as a way to combat abusive patent litigation by patent-assertion entities (PAEs).

As the companies explain, “Too often, abusive PAE litigation exploits low-quality business method patents. The vague and sweeping scope of many business method claims covering straightforward, commonsense steps has led to an explosion of patent claims against processes used every day in common technologies by thousands of businesses and millions of Americans.”

“Expanding an existing Patent Office program, the Covered Business Method (CBM) Program, beyond its current limitation of ‘financial services’ business method patents to all business method patents would accomplish this goal. An expanded CBM Program would enable the Patent Office to reconsider the validity of issued business method patents and provide a targeted “surgical strike” against the worst of these frequently abused patents. And it would increase certainty for innovators actually bringing new products to market, who now face an increasing threat of extortive demands based on low-quality patents,” the letter further argues.

How Can I Help?

I will be closely tracking the status of this legislation and all other patent reform initiatives currently pending in Congress. For additional information about how the proposed changes may impact you or your company, I encourage you to contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

Norman

Update on Status of Silicon Valley Office.

January 23, 2014 by nvantreeck

The U.S. Patent and Trademark Office (USPTO) released a status update on the agency’s satellite offices in Silicon Valley, Dallas and Denver. The plans to expand the USPTO’s office locations have been slowed due to recent budgets cuts related to the sequestration.

Although delayed, the new satellite located at the San Jose City Hall building at 200 East Santa Clara Street, has been selected as the permanent location for the USPTO’s Silicon Valley satellite office. The USPTO is moving forward with occupying the space by the end of 2014.

According to the the USPTO, the permanent West Coast office will enable the USPTO to help more entrepreneurs protect their intellectual property so they can attract capital, put their business plans into action, and help create more jobs. The San Jose City Hall location provides office space for patent examiners and Patent Trial and Appeal Board (PTAB) judges, a robust examiner training facility, and public hearing rooms for PTAB proceedings, including its trial proceedings, which clarify the quality and certainty of a patent right and serve as a low-cost and efficient alternative to litigation in the federal court system.

How Can I Help?

– Ex astris, scientia –

Norman

USPTO Announces Access to Chinese Patent Documentation Via New Global Patent Search Network

January 21, 2014 by nvantreeck

In contrast to yesterday’s story, the U.S. Patent and Trademark Office recently announced the launch of the Global Patent Search Network. Accessible via the USPTO website, the new database allows users to search and retrieve Chinese patent documentation.

According to the USPTO, the data available includes both full text Chinese patents and English machine translations. Users can currently search documents including published applications, granted patents and utility models from 2008 to 2011. The USPTO has indiacted the network will periodically be updated with more current data.

A recent blog post touted the benefits of the Global Search patent Network. “This new search tool delivers to the public, as well as our patent examiners, an additional source of foreign patent collections. Furthermore, the immediate availability of English machine translations will effectively address the language barrier and allow for quick analysis of the relevancy of the prior art while reducing the need for costly human translations. Machine translation technology can sometimes generate awkward wording, but it provides an excellent way to determine the gist of the information in a foreign patent.”

The initial launch of the Global Patent Search Network features only Chinese patent documentation. However, the USPTO plans to incorporate additional foreign patent collections in the future. Interestingly, the Global Patent Search Network is the first patent-related initiative to use cloud technology.

How Can I Help?

– Ex astris, scientia –

Norman

Cracking Down on IP Scammers.

January 17, 2014 by nvantreeck

Trademark and patent holders are frequently targeted by scams, often in the form of official-looking correspondence. Some companies promise to protect your patent in foreign countries, while others claims that you have an unpaid invoice for trademark registration services. I have made many blog posts warning of these “notifications.”

While the services offered may sometimes be legitimate, the mailings are misleading because they use language, formatting and other identifying features that suggest the sender is an official government agency. I frequently field calls from concerned clients who have received unsolicited offers for patent, copyright and trademark services.

The U.S. Patent and Trademark Office and other industry groups frequently issue warnings about these fraudulent solicitations; however, new scams seem to pop up every few months. To put these companies out of business for good, a New York intellectual property law firm is pursuing legal action in federal court.

The suit against Patent & Trademark Agency LLC and its principal owner, Armens Organesjans, alleges that the company seeks to confuse trademark owners into purchasing services under the false color of authority. The claims include unfair competition, false advertising and tortious interference with prospective economic relations.

As highlighted in the complaint, Patent & Trademark Agency LLC’s website includes a statement that they are not lawyers and do not provide legal advice; however, its Terms, Conditions and Use Agreement state the opposite: “By accepting these terms you specifically and irrevocably authorize [Patent & Trademark Agency] to conduct negotiations and act on your behalf with any party needed in order to renew or register your trademark.”

The complaint further alleges that the company falsely states that “the Patent & Trademark Agency is the nation’s premier trademark registration and renewal service.” In reality, the USPTO lists the company among entities that have been the subject of complaints regarding fraudulent solicitations.

Last year, the same New York IP firm sued USA Trademark Enterprises Inc. on similar grounds. As a result of the lawsuit, the company was permanently barred from engaging in intellectual property-related activities in the United States.

The Attorney General of Vermont also sued Patent & Trademark Agency LLC to protect its citizens from these scams.

If you believe that you have been a target of this type of scam, please report it to the AG of your state and to your IP attorney. You can also file a complaint against the scammer on the USPTO web site here.

How Can I Help?

– Ex astris, scientia –

Norman

Guidance After The Myriad Decision.

December 30, 2013 by nvantreeck

USPTO Provides Guidance in Response to Myriad Decision

The U.S. Supreme Court recently issued its decision in Association for Molecular Pathology v. Myriad Genetics, Inc., which clarifies what types of DNA claims are patent eligible. Only a few days later, the U.S. Patent and Trademark Office (USPTO) issued preliminary guidance to its patent examining corps.

Earlier this year, tThe Supreme Court held that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA is patent eligible because it is not naturally occurring.

As noted by the USPTO, “Myriad significantly changes the Office’s examination policy regarding nucleic acid-related technology.”In accordance with the Myriad decision, the USPTO advises it examiners:

As of today, naturally occurring nucleic acids are not patent eligible merely because they have been isolated. Examiners should now reject product claims drawn solely to naturally occurring nucleic acids or fragments thereof, whether isolated or not, as being ineligible subject matter under 35 U.S.C. § 101. Claims clearly limited to non-naturally-occurring nucleic acids, such as a cDNA or a nucleic acid in which the order of the naturallyoccurring nucleotides has been altered (e.g., a man-made variant sequence), remain eligible.

The USPTO further added that it is closely reviewing the decision in Myriad and will issue more comprehensive guidance on patent subject matter eligibility determinations, including the role isolation plays in those determinations.

I will keep you informed of any new examination process and rule changes from the USPTO as they become relevant to you business.

How Can I Help?

– Ex astris, scientia –

Norman

USPTO and Korean Intellectual Property Office Announce New Pilot

December 26, 2013 by nvantreeck

The U.S Patent and Trademark Office (USPTO) and the Korean Intellectual Property Office (KIPO) recently announced the launch of a new patent pilot.

KIPO will classify some of its patent documents using the Cooperative Patent Classification system (CPC). It is the first foreign patent office to engage with the USPTO and EPO in this new system.

The CPC is a new classification system jointly managed by the USPTO and the European Patent Office (EPO). It includes approximately 250,000 classification symbols based on the International Patent Classification (IPC) system, and will allow examiners and patent users worldwide to conduct searches by accessing the same classified patent document collections. The goal is to enable more efficient prior art searches and enhance efficiency through work-sharing initiatives designed to reduce unnecessary duplication of work.

CPC definitions containing a thorough description of the technical subject matter covered will be provided for every CPC subclass and regularly updated. Downloadable CPC schemes, CPC definitions and concordances (e.g. ECLA to CPC and CPC to IPC) are now available on the official CPC website.

How Can I Help?

– Ex astris, scientia –

Norman

Samsung Facing Patent Infringement Suit From Taiwan University

December 20, 2013 by nvantreeck

Samsung Electronics Co.’s latest smartphone, the Galaxy S4, offers an innovative feature — users can erase people from photos taken with the device. A commercial for the phone shows a mother fixing a photo of her son receiving his diploma after another graduate jumps in the frame. While the technology is a strong selling point, Samsung may have to fight to keep it.

The company is facing a patent infringement lawsuit from National Cheng Kung University. The school, based in Taiwan, alleges that the devices infringe its patent for “Image-Capturing Device and Method For Removing Strangers From An Image.” The U.S. Patent and Trademark Office issued the patent in 2008.

National Cheng Kung University filed the patent lawsuit in Texas Eastern District Court. It seeks a permanent injunction to stop Samsung from infringing on the patent, as well as unspecified monetary damages.

Both parties have been active participants in the so-called “Smartphone Wars.” National Cheng Kung University has filed several lawsuits against Apple Inc. in the same Texas court. In a suit filed last year, the school alleged that Apple’s “voice activated assistant capabilities otherwise known as Siri” infringed upon patents held by a university research team. Last month, it filed another infringement suit involving Apple’s Face Time product.

Samsung, of course, is also no stranger to patent litigation with Apple. The two companies have been battling across the globe for the past several years, with each claiming a measure of success. Samsung recently won a victory before the U.S. International Trade Commission, which ruled that several older Apple devices infringe Samsung patents.

How Can I Help?

– Ex astris, scientia –

Norman

GDP Going Gaga: Recalculation to Capture Input From Entertainment Industry

December 16, 2013 by nvantreeck

The U.S. federal government is changing how it calculates the company’s gross domestic product or GDP. For the first time, the Bureau of Economic Analysis will include expenditures for “R&D and for entertainment, literary and artistic originals as fixed investment.” The new expenditures will be added to the list of intellectual-property investments.

As explained in a recent Wall Street Journal article, including the money Lady Gaga spent writing and recording an album in the GDP represents a significant change. The same goes for adding the time and money it takes to develop the latest smart phone device.

It not only reveals that the U.S. economy is approximately 3 percent larger, but it also “reflects the economy’s quiet transformation from one based principally on industry to one decidedly based on knowledge and information.” The new GDP measure further solidifies the role of innovation and intellectual property (IP) in driving the economy.

As previously discussed here, the U.S. Patent and Trademark Office estimates that IP-intensive industries directly accounted for 27.1 million American jobs, or 18.8 percent of all employment in the economy, in 2010. The industries also accounted for about $5.06 trillion in value added, or 34.8 percent of U.S. gross domestic product (GDP), in 2010.

It makes sense that the Bureau of Economic Analysis would want to fully capture the contributions of IP.

How Can I Help?

– Ex astris, scientia –

Norman

Lawmaker Seeks to Expand Post-Grant Reviews

December 11, 2013 by nvantreeck

Senator Charles Schumer recently introduced legislation that would expand the scope of covered business methods eligible for post-grant review. The “Patent Quality Improvement Act of 2013” would also remove the sunset provision and make the program permanent.

Post-grant review procedures allow a third party to challenge a patent’s invalidity on a number of grounds, including prior art, lack of enablement, lack of novelty, or inadequate written description. Thus, post-grant review allows parties to raise a number of new challenges that were previously reserved for litigation.

Schumer’s bill would expand the availability of post-grant review by amending the definition of “covered business methods” to remove the phrase “financial product or service.” The new definition would read as follows:

IN GENERAL- For purposes of this section, the term ‘covered business method patent’ means a patent that claims a method or corresponding apparatus for performing data processing or other operations used in the practice, administration, or management of an enterprise, product, or service, except that the term does not include patents for technological inventions. (Emphasis added)

If the bill passes, it would then be up to the USPTO to provide precise definitions for the new terms. While Senator Schumer has stated that the bill would “crackdown on ‘patent trolls’” by providing “small technology start-ups with the opportunity to efficiently address [infringement suits] outside of the legal system,” it has the potential to benefit a wide variety of patent holders.

In addition to this bill there are several others that are pending votes as well:

Manufacturing Innovation in America Act of 2013 (H.R. 2605)

Patent Abuse Reduction Act of 2013 (S. 1013)

End Anonymous Patents Act (H.R. 2024)

Patent Litigation and Innovation Act of 2013 (H.R. 2639)

MODDERN Cures Act of 2013 (H.R. 3091)

PATENT Jobs Act (H.R. 2582)

STOP Act (H.R. 2766)

PACES Act (S. 1478)

PARTS Act (S.780)

Medical Innovation Prize Fund Act (S. 627)

I will keep you updated as the bills are passed or defeated.

How Can I Help?

For detailed advice about post-grant proceedings, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

Norman

Astronomy and Law

Astronomy and Law Blog

Tag Archives: uspto

Department of Commerce Report on Copyright Policy in the Digital Age.

Support For Expanded Review Of Business Method Patents.

Update on Status of Silicon Valley Office.

USPTO Announces Access to Chinese Patent Documentation Via New Global Patent Search Network

Cracking Down on IP Scammers.

Guidance After The Myriad Decision.

USPTO and Korean Intellectual Property Office Announce New Pilot

Samsung Facing Patent Infringement Suit From Taiwan University

GDP Going Gaga: Recalculation to Capture Input From Entertainment Industry

Lawmaker Seeks to Expand Post-Grant Reviews