We’ve Only Just Begun …

By Angela P. Doughty

While my daughter’s focus is already on the end of 2018 (Halloween, Thanksgiving, and Christmas – oh my!), my year of serving as the Intellectual Property Law Section Chair has only just begun. I am very much looking forward to my year as chair, and I encourage all members to reach out with any ideas, suggestions, or questions.

Our CLE Committee Chairs are already in the process of planning our Annual Meeting scheduled for April 5, 2019, in Charlotte. We will be partnering with the Sports & Entertainment Law Section to provide diverse CLE program options.  As always, we will have a Section networking event the evening before and invite everyone to join us.

We have also scheduled our Tri-City Lunch event for Feb. 7, 2019, in Raleigh, Winston-Salem, and Charlotte. The specific meeting and lunch locations are to be determined, but please save the date and plan to join us for either the meeting, lunch, or both.

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Blockchain and Its Implications For IP

By Steve Snyder

As I continue to stay abreast of the latest technical developments involving computer related technology, the IP implications are becoming less clear.  Being heavily involved in cybersecurity, I have been making the case that the cybersecurity field needs IP attorneys to bridge gaps that we are used to bridging—such as being a liaison between the highly technical engineers and the rest of society.  Aside from cybersecurity, the technology I hear being discussed most is blockchain.   As you may know, blockchain is a fundamental aspect of cryptocurrencies like Bitcoin and Ethereum. However, blockchain has much broader implications that will, in my opinion, pervade the practice of IP attorneys.

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MacCord’s List: IP News & Notices From Art MacCord

By Art MacCord

Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please see below for the most recent updates.

Extension of the Extended Missing Parts Pilot Program until Jan 2, 2019

U.S. Copyright Office Publishes Final Rule Relating to Group Registration of Newspapers

 

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In re Janssen: Continued Evolution Of the Obviousness-Type Double Patenting Doctrine

By Jacob Moore

On Jan. 23, 2018, the Federal Circuit in In re Janssen held that a patent issuing from a continuation-in-part (CIP) application is not eligible for 35 USC § 121 safe harbor protection, even if the patent is re-categorized as a divisional application during reexamination. Thus, the court determined that the patent at issue—US 6,284,471 (the ’471 Patent)—was invalid over reference patents US 5,656,272 (the ’272 Patent) and 5,698,195 (the ’195 Patent) under the doctrine of obviousness-type double patenting.

In re Janssen is the newest case in a line of recent decisions interpreting the scope of the safe harbor provision, which shields a patent or application from an obviousness-type double patenting rejection under certain conditions. That provision provides:

A patent issuing on an application with respect to which a requirement for restriction under this section has been made, or on an application filed as a result of such a requirement, shall not be used as a reference either in the Patent and Trademark Office or in the courts against a divisional application or against the original application or any patent issued on either of them, if the divisional application is filed before the issuance of the patent on the other application.

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MacCord’s List: IP News & Notices From Art MacCord

By Art MacCord

Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates.

On Jan. 25, the ninth edition, Revision 08.2017, of the Manual of Patent Examining Procedure (MPEP) was made electronically available as an update to the eMPEP.

Original Utility Patents Not Surrendered by Reissue and All Reissue Patents in the Reissue Patent Family Require Separate Maintenance Fee Payments

Changes in Requirements for Collective Trademarks and Service Marks, Collective Membership Marks, and Certification Marks; Correction

Copyright Office Publishes Final Rule to Simplify Deposit Requirements for Certain Literary Works and Musical Compositions

Copyright Office Introduces Online Group Registration of Photographs

 

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Reflecting and Reacting: Set Your 2018 Career Goals

By Erin Wills

It’s that time of year again! A time for pause and reflection on where we started, where we ended, what went right, what didn’t, and how to improve our current trajectory through life. Yes, a better diet, more sleep, more exercise, etc., are certainly important, but what about your 2018 career resolutions?

Being happy and successful in your career, however personally defined, directly affects your overall happiness and well-being in life. Thus, setting goals and taking time to reflect at least annually on aspects relating to your career is a necessary means to achieving a blissful end.  Below are a few considerations that may help trigger thoughtful contemplation and/or perhaps even resolution-setting, if you’re into that sort of thing!

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MacCord’s List: IP News & Notices From Art MacCord

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By Art MacCord

Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates.

International Trademark Classification Changes: Final Rule

Copyright Office Interim Rule on Document Recordation and New Recordation Fee for Electronic Title Lists Effective December 18, 2017

Copyright Office Implemented a Series Of Technical Upgrades To Its Electronic Registration System

 

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MacCord’s List: IP News & Notices From Art MacCord

By Art MacCord

Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates.

U.S. Copyright Office Issues Notice of Proposed Rulemaking Relating to Group Registration of Newspapers

USPTO Finalizes Revised Patent Fee Schedule

New Voluntary Mark Description in the International Application (Madrid Protocol) and Subsequent Designation Forms

USPTO Launches Two Year Diversion Pilot Program for practitioners whose physical, mental, or emotional health issues (including substance or alcohol abuse) or law practice management issues resulted in minor misconduct and little, if any, harm to a client

Cooperation for an Expanded Collaborative Patent Search Pilot with the JPO and KIPO

U.S. Copyright Office Issues Notice of Proposed Rulemaking in the Seventh Triennial Rulemaking Proceeding Under Section 1201

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MacCord’s List: IP News & Notices From Art MacCord

By Art MacCord

Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates.

Notice of Proposed Rulemaking Related to Removal of Rules Governing Trademark Interferences

Trademark Practice Tip Section 2(d) & Foreign Entity Designations: When Different Entity Terminology Identifies the Same Owner

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MacCord’s List: IP News & Notices From Art MacCord

By Art MacCord

Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates.

On Sunday, October 15, 2017 the USPTO issued the October 2017 TMEP

The U.S. Copyright Office is proposing to create a new group registration option for a limited number of unpublished works

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