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> BSKB IP Updates > Vol. 4, No. 5 (18
October 2006) BSKB IP Updates
Editors: Marc
S. Weiner, Esq. and Joe McKinney ("Ken") Muncy, Jr.,
Esq.
Vol. 4, No. 5 (18 October
2006)
In this Issue:
::
No Decision from the USPTO on Proposed Rule Changes
::
Patent and Trademark Fees for Fiscal Year 2007
::
Trademark Dilution Revision Act of 2006
::
Official Gazette (OG) Notice Regarding Patent Agent’s Exam
::
USPTO Requests for Comments about Small Entity Size
::
BSKB 2007 Trademark Practice Seminar
::
BSKB 2007 Summer Training Program
::
BSKB 2007 Advanced Patent and Licensing Seminar
::
Unscheduled Closing of Federal Government
::
Upcoming Federal Government and BSKB Holidays
::
Electronic Version Requested
::
Communicating With BSKB Via E-Mail
No Decision from the USPTO on Proposed Rule Changes
As reported
in previous BSKB IP Updates [Vol.
4, No. 3 (9 June 2006) &
Vol. 4, No. 4 (1 August 2006)] the USPTO has recently proposed
significant changes to the rules of practice that would limit the right
to file continuing applications, limit the number of claims that would
be examined in an application and, change IDS requirements. The latest
information from officials at the USPTO is that they continue to study
the public comments submitted regarding these proposed rule changes and
no decisions have yet been made on the content or timing of final rules.
BSKB is continuously monitoring the status of these proposals and will
immediately disseminate any information we receive regarding final
decisions by the USPTO.
Summary supplied by
Nicholas P. Godici .
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Patent and Trademark Fees for Fiscal Year 2007
Contrary to what was reported in a previous BSKB IP Update [Vol.
4, No. 4 (1 August 2006)], the U.S. Patent and Trademark Office (USPTO)
current patent and trademark fee schedules, based
on anticipated action by the U.S. Congress, will continue in effect on
October 1, 2006 and beyond. In other words, there was no USPTO fee
increase on October 1, 2006. If any revision to the 2006 fees becomes
necessary, these changes will be announced on the USPTO website. BSKB
will continue to monitor the USPTO website in the event of any changes.
For more information, visit
http://www.uspto.gov (second item under “Top News”).
Summary supplied by Craig M. Schultz.
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Trademark Dilution Revision Act of 2006
On September 25, 2006, the United States House of
Representatives approved the Senate version of the Trademark Dilution
Revision Act (H.R. 683). The bill was sent to President Bush, who signed
the bill into law on Friday, 6 October 2006.
The Act is designed to protect famous marks from uses that
blur their distinctiveness or tarnish their reputation. The
Statute is a response to the ruling of the Supreme Court in
Moseley v. V Secret,
as well as many splits in the federal circuits relating to the current
dilution statute and the protection of famous marks in the United
States.
Summary supplied by Craig M. Schultz.
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Official Gazette (OG) Notice Regarding Patent Agent’s Exam
The August 15, 2006 OG
had the following notice about the Patent Agent's Exam. In particular,
effective on or about Thursday, October 19, 2006, the computer-delivered
registration examination will make the 8th Edition, Revision 4 of the
Manual of Patent Examination Procedure (MPEP) available on the computer
monitor. As of that date, all questions on the examination will be based
on the contents of the 8th Edition, Revision 4 of the MPEP. The format
of the examination will remain the same. The computer-delivered
examinations will include 100 multiple-choice questions, but only ninety
of the questions will be scored. To pass the examination a candidate
must correctly answer seventy percent (sixty-three) of the ninety scored
questions.
The full OG notice can
be found
here.
Summary supplied by
Joe M.
(Ken) Muncy, Esq.
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USPTO Requests for Comments about Small Entity Size
The following was from
the August 1, 2006 OG notice and they only had a period for comments
until August 7 (fast track). If some changes arise, further e-mails will
be sent.
The United States
Patent and Trademark Office (USPTO) uses the
Small Business Administration (SBA) size standard for the purpose of
paying reduced patent fees as its size standard when conducting an
analysis or making a certification under the Regulatory Flexibility Act
for patent-related regulations. The Small Business Administration Office
of Advocacy (SBA-Advocacy) has questioned whether this is the
appropriate size standard for conducting an analysis or making a
certification under the Regulatory Flexibility Act. Pursuant to the
Regulatory Flexibility Act, the USPTO is providing this opportunity for
public comment on the establishment of the SBA's definition of "small
business concern" for the purpose of paying reduced patent fees as the
definition of "small business concern" for Regulatory Flexibility Act
purposes for patent-related regulations. Comment Deadline Date: To be
ensured of consideration, written comments were requested by August 7,
2006. No public hearing will be held.
A link to the notice is
here.
Summary supplied by
Joe M.
(Ken) Muncy, Esq.
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BSKB 2007 Trademark
Practice Seminar
BSKB is pleased to
announce that the annual U.S. Trademark Practice Seminar ("TPS") will be
held from Sunday, 1 April 2007, to Friday, 6 April 2007. The 2006
program brochure and registration form are posted on our website.
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BSKB 2007 Summer Training Program
BSKB is pleased to
announce that the annual Summer Training Program ("STP") will be held
from Saturday, 16 June 2007, to Friday, 13 July 2007. The
2006 program brochure and 2007 registration form are posted on our
website.
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BSKB 2007 Advanced Patent
and Licensing Seminar
BSKB is pleased to
announce that the annual Advanced Patent and Licensing Seminar ("APLS")
will be held from Monday, 10 September 2007, to Friday, 21 September
2007. The
2006 program brochure registration form are posted on our website.
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Unscheduled Closing of
Federal Government
When the Washington,
D.C. area experiences severe weather, power outages, etc., the Federal
Government (including the U.S. Patent and Trademark Office (USPTO))
sometimes does not open for business that day. When this occurs, our
firm's Falls Church office will also be closed for business. However,
all USPTO filings due on a day where the Federal Government has closed
for the day will be considered as being timely filed on the next
business day that the USPTO is open.
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Upcoming Federal
Government and BSKB Holidays
|
Friday, 10 November 2006 |
Veterans' Day |
|
Thursday, 23 November 2006 |
Thanksgiving |
|
Monday, 25 December 2006 |
Christmas Day |
|
Monday, 1 January 2007 |
New Years Day |
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Electronic Version Requested
This is a reminder that
in view of the requirements set by the USPTO, we request that you
forward an electronic version of all new applications (specification,
claims and abstract) at your earliest convenience, preferably together
with your new application order letter. This can be done by either
secure e-mail or diskette in Microsoft Word®-compatible format. Since it
is necessary to provide substitute paragraphs when making amendments to
both the specification and claims, it is of great assistance to us to
have an electronic version available. The availability of an electronic
version not only assists us in accuracy, but also reduces the attorney
time/cost involved in reviewing the amendments. We appreciate your
cooperation in this regard.
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Communicating With BSKB Via E-Mail
When communicating with
members of BSKB via e-mail concerning business matters, please "cc"
mailroom@bskb.com. This will ensure that your communication will be
seen by our staff in the event that the BSKB member to whom you sent the
message is out of the office. Please also feel free to contact BSKB
regarding encryption of confidential communications before sending any
e-mails.
When forwarding new
U.S. Patent and Design applications to us for filing in the USPTO
through our firm, please be sure to use our most current Combined
Declaration and Power of Attorney and Assignment Forms. Current
versions of these forms are available on our web page in both "fillable"
and "downloadable" formats. Word processing versions are also available
upon request. Please go to
http://www.bskb.com/ and click on "Download Forms".
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