September 11, 2008

The September 9, 2008 Official Gazette (Week #37) was published this week, including a number of the following recurring topics (Patent Cooperation Treaty (PCT) Information, Notice of Maintenance Fees Payable, Notice of Expiration of Patents Due to Failure to Pay Maintenance Fee, Patents Reinstated Due to the Acceptance of a Late Maintenance Fee from 08/11/2008, Reissue Applications Filed, Requests for Ex Parte Reexamination Filed, etc.). I note a couple of the items within the OG that are unique to this particular installment:

Patent Cooperation Treaty (PCT) Information – includes comments on the use of the European Patent Office (EPO) and the Korean Intellectual Property Office (KIPO) as the International Searching Authority (ISA) for PCT applications filed with the USPTO. In particular, this section states that “[h]owever, the EPO is no longer a competent ISA, within the meaning of PCT Article 16(3), for international applications filed by U.S. residents or nationals on or after 01 March 2002 in the USPTO or IB as a Receiving Office, and where the application contains one or more claims directed to the field of business methods.” LINK

Changes to Representation of Others Before the United States Patent and Trademark Office – includes comments on the USPTO’s adoption of new rules governing the conduct of disciplinary investigations, warnings issued upon close of investigations, disciplinary proceedings, reinstatement to practice before the USPTO, and non-disciplinary transfer to disability inactive status. LINK

Official Gazette, Week #37: LINK
USPTO 2008 Official Gazette Notice Webpage: LINK


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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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