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By: Jim Pravel

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Jim Pravel

Latest from Pravel IP Law Blog

The Senate yesterday passed the America Invents Act (S. 23) by a vote of 87-3.
Although some provisions were dropped, the Senate bill retained the following key elements:
  • Third party submissions of prior art for pending applications;
  • USPTO fee setting authority;
  • Supplemental examination authority;
  • Repeal of the residency requirement for Federal Circuit judges;
  • Micro entity

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An amendment that was offered by Senator Dianne Feinstein (D-CA) to the patent reform bill (America Invents Act S. 23) has been tabled by a vote of 87 to 13.

The Feinstein Amendment removed the First To File provision in favor of the existing First to Invent System.  Arguments against the First to File System

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In THE LARYNGEAL MASK COMPANY LTD. AND LMA NORTH AMERICA, INC., v. AMBU A/S, AMBU INC., AND AMBU LTD, 10-1028 (CAFC, September 21, 2010), the CAFC reversed the US District Court for the Southern District of California on Claim Construction and Satisfaction of Written Description Requirement.

The Laryngeal Mask Company Ltd. and LMA North America,

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The US Patent and Trademark Office (“USPTO”) has extended the deadline to file to have a trademark registration exhibited in the 2010 National Trademark Expo until August 16, 2010.

The Expo will include themed displays, exhibitors’ booths, costumed characters and much more. Exhibit themes may include, but are not limited to, celebrity trademarks, trademarks identifying…

Under 17 USC Section 1201(a)(1), the Librarian of Congress is required every three years to determine whether there are any classes of works that are exempted from the prohibition against circumvention of technology that effectively controls access to a copyrighted work.  This provision is part of the Digital Millenium Copyright Act (“DMCA”).

On July 26,…