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The Peer Review Pilot Program at the USPTO
The U.S. Patent and Trademark Office (“USPTO”), in collaboration with academic and business professionals, established the Peer Review Pilot Program (the “Pilot”) to test whether “the organized collection and submission of documents together with comments by the public will produce better examination results by presenting prior art known by the public to the Examiner early in the prosecution.” The Pilot began accepting applications and prior art submissions on June 15, 2007 on “Peer-to-Patent,” the software framework for the Pilot. The last day for submitting patent applications to the PTO's peer-review pilot program was June 15, 2009. The USPTO is currently in the evaluation phase of the Pilot, and is expected to publish a comprehensive report outlining the results and next steps.
Whether the Pilot will be extended or become permanent is currently unclear. The Pilot appears to have the support of the Obama administration. During his presidential campaign, the President stressed the need for “opening up the patent process to citizen review,” as discussed at www.barackobama.com. As President he appointed Beth Noveck, a creator of Peer-to-Patent, to the Technology, Innovation, and Government Reform team, which is dedicated to “fostering innovation within government.” Upon launching the Open Government Initiative, which is intended to solicit ideas from the public for increasing transparency in government, the White House Web site featured the Pilot as one example of how government can use “transparency, participation, and collaboration to achieve [its] mission.” Open Government Innovations Gallery, www.whitehouse.gov/open/innovations. The Pilot also received praise in an initial evaluation from Examiners, applicants, commentators, and government officials, as noted in the First Anniversary Report. Center for Patent Innovations at New York Law School: Peer-to-Patent First Anniversary Report, available at http://dotank.nyls.edu/communitypatent/P2Panniver saryreport.pdf (hereafter “First Anniversary Report”). The First Anniversary Report tracked participation on the Peer-to-Patent Web site and surveyed reviewers and Examiners during the first year of the pilot program. Therefore, it seems possible that the program will be extended and even expanded.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.