April 30, 2009

The 2/2009 issue of WIPO Magazine is available on line through the World Intellectual Property Organization's website, and as referenced in my prior post, this particular issue focuses on green technology. The following articles (as referenced on WIPO's website, each hyperlinked for convenience) are included within the 2/2009 issue:

IP and Climate Change Negotiations: From Bali to Copenhagen, Via PoznaƄ – This article discusses various conferences in connection with climate change, starting with a 1992 convention held in Rio de Janeiro in 1992 and ending with the convening of the most current Climate Change Conference in Poznan, Poland.

Sharing technology to meet a common challenge – This article discusses various challenges regarding the search for climate change innovations and models for sharing technology such as patent pools, licenses, and the public domain.

Climate Change – The Technology Challenge – This article discusses the role of intellectual property and innovation regarding efforts to curb the negative effects of climate change.

Towards a Green Stone Age? – This article highlights the efforts of a German engineering firm leading to the development of a granite composite material.

Patenting and Access to Clean Energy Technologies in Developing Countries – This article reference several clean energy technologies, such as photovoltaics, biofuels, and wind, and efforts to allow such technologies to be used in developing countries.

New Rice for Africa – Plant Breeding Technologies Fighting Hunger – This article discusses the two basic rice varieties used by African farmers, and a new type of rice (Nerica™) offering higher yields and faster ripening times.

From Cows to Kilowatts – A Case Study in Successful Technology Transfer – This article discusses the efforts of a Nigerian researcher to use slaughterhouse waste to generate useful biogas.

Hot Property – IP Strategies in the Solar Tech Sector – This article discusses the efforts of a Spanish photovoltaic technology company and their decisions regarding potential IP acquisition, protection, licensing, and enforcement.

Green Technologies: Electric Cars with Hydrogen Fuel Cells – This article discusses hydrogen fuel cell technology, its history, and a Canadian company's efforts to increase hydrogen's power density.

Green Design – From Cradle to Cradle – This article discusses the Cradle to Cradle™ ("C2C") certification mark as applying to certain recyclable products made in accordance with non-polluting factories.

Green Branding – Cashing in on the Eco-Market – This article references branding efforts of Australia, Chile, the EU, and Thailand in connection with green technologies.

PCT Portraits: Eco-Inventors – This article highlights the efforts of three inventors who have developed technologies regarding various "wastes".

When Innovation is Child’s Play – This article discusses the development and use of children's playground equipment that doubles as a well pump to supply fresh drinking water.

2/2009 WIPO Magazine (full issue): LINK
WIPO Magazine Webpage: LINK

April 28, 2009

As highlighted by the World Intellectual Property Organization ("WIPO"), 2009’s World Intellectual Property Day ("World IP Day") was April 26, 2009. According to the WIPO World IP Day website (link below), "WIPO and its Member States celebrate World Intellectual Property Day with activities, events and campaigns," which "seek to increase public understanding of what IP really means, and to demonstrate how the IP system fosters not only music, arts and entertainments, but also all the products and technological innovations that help to shape our world." The four specific aims of the annual World IP Day are:

- to raise awareness of how patents, copyright, trademarks and designs impact on daily life;
- to increase understanding of how protecting IP rights helps promote creativity and innovation;
- to celebrate creativity, and the contribution made by creators and innovators to the development of societies across the globe; and
- to encourage respect for the IP rights of others.

The 2009 World IP Day focused on promoting green technology, and consistent with WIPO’s efforts to reduce mass-mailings, it has made available various electronic information, including a special issue of WIPO Magazine (focusing on green innovation). This information is available at the second link below.

WIPO World IP Day Webpage: LINK
2009 World IP Day Webpage: LINK
Suggested World IP Day Activities: LINK
WIPO Magazine (2/2009 Issue): LINK

April 23, 2009

Last week, the USPTO announced that it has partnered with the German Patent and Trademark Office (DPMA) in establishing the newest Patent Prosecution Highway (PPH) pilot program. This new program, starting on April 27th of this year and running for an initial two period, is being established to "streamline the patent system and promote expeditious, inexpensive and high-quality patent protection throughout the world." According to John Doll, the Acting Director of the USPTO, "The Patent Prosecution Highway with Germany will eliminate redundant work and expedite processing," and "By working with our colleagues at the German Patent and Trade Mark Office, both offices will increase the efficiency of the patent process and will further expand a worldwide network that allows a broader array of inventors to take advantage of these benefits." This is the ninth PPH program between the USPTO and a foreign patent office. According to the USPTO (as noted in the second link below), "Under PPH agreements, an applicant receiving a favorable ruling from one nation's patent office on at least one claim in an application may request that the corresponding application filed with the other nation advance out of turn for examination. By coordinating patentable results between both nations' offices, applicants can expect to obtain patents in both nations more quickly."

USPTO Announcement: LINK
USPTO Requirements for DPMA PPH: LINK

April 22, 2009

On April 10, 2009, Nadya Suleman, widely known as "Octomom" based on giving birth to octuplets earlier this year, filed two separate trademark applications for the mark OCTOMOM. The first application (U.S. Trademark Application Serial No. 77/711,827, first link below) was filed in international class 041 in connection with the services of "entertainment in the nature of on-going television programs in the field of varity (sp)." The second trademark application (U.S. Trademark Application Serial No. 77/711,852, second link below) was filed in international classes 016 (in connection with "disposable diapers") and 025 (in connection with dresses, pants, shirts, and textile diapers). Each application lists "Nadya Suleman AKA Octomom" as the applicant, and include a signed "Consent of Living Declaration" where Ms. Suleman declares "that OCTOMOM is a nickname by which I am widely known," consenting to the use of her nickname as a trademark. However, and on March 12, 2009, applicant Super Happy Fun Fun, Inc. filed a trademark application for OCTOMOM (U.S. Trademark Application Serial No. 77/689,864, third link below) in international classes 009 (relating to computer software, ring tones, wall papers, screen savers, etc.), 028 (toy action figures and other types of toys), and 041 (entertainment services relating to online computer games and other services). Any ideas on which of these applications, if any, will proceed to publication first?

Application Serial No. 77/711,827 (Suleman): LINK
Application Serial No. 77/711,852 (Suleman): LINK
Application Serial No. 77/689,864 (Super Happy Fun Fun): LINK

April 08, 2009

The USPTO has announced that its National Trademark Expo event will be held on May 8th (10AM-6PM) and 9th (10AM – 4PM) in the atrium of the USPTO’s Madison Building in Alexandria, Virginia. This event, referenced in the USPTO announcement link below, "will feature exciting colorful interactive exhibits that illustrate the pervasive and important role trademarks play in our economy," whereby "[v]isitors will learn about the many different kinds of trademarks such as sound, design and color, and will also learn about the history and evolution of trademarks, some of which are more than 100 years old." In addition to highlighting trademarks in general, several trademarked characters (like the Pillsbury Doughboy) and exhibiting companies will be present, and the Expo will also highlight the negative effects of counterfeiting on the nation’s economy. A list of exhibitors is available at the second link below.

USPTO Announcement: LINK
Expo Exhibitor List: LINK

April 07, 2009

On Monday, and in two separate decisions, the European Patent Office announced several revisions to the Implementing Regulations to the European Patent Convention ("EPC"). The first decision (CA/D 2/09) includes revisions to and/or language under Articles 1-3, namely to Rules 36, 57, and 135 under Article 1. Specifically, amendments to Rule 36 (1) and (2), (relating to divisional applications), Rule 57(a) (pertaining to translations), and Rule 135(2) (relating to ruling out further processing) will be implemented on April 1, 2010, per the language provided in Articles 2 and 3. In addition, and under the second decision (CA/D 3/09), several new or revised Rules under Article 1 are presented, namely new Rules 62a and 70a and amended Rules 63, 64, 69, 135, 137, and 161. New Rule 62a relates to applications containing a plurality of claims, whereby an applicant shall be invited to indicate the claims complying with Rule 43, paragraph 2, that will be searched if the claims as filed originally do not comply with that rule. New Rule 70a pertains to responses to the extended European search report, offering an applicant "the opportunity to comment on the extended European search report and, where appropriate, invite him to correct any deficiencies noted in the opinion accompanying the European search report and to amend the description, claims and drawings within the period referred to in Rule 70, paragraph 1." Additional details regarding the new Rules and the revisions to the remaining Rules are as presented in the second link below, all of which, as noted within the link, will become effective on April 1, 2010.

EPO Decision (CA/D 2/09): LINK
EPO Decision (CA/D 3/09): LINK

April 06, 2009

1. The Canadian Intellectual Property Office (CIPO) has issued a warning regarding "certain companies [that] are soliciting payment for Canadian trade-mark registration applications that were in fact not requested." If you have received an invoice relating to a Canadian trademark that did not originate from your trademark agent/attorney or the CIPO, the CIPO recommends that you contact your agent or the CIPO at the number provided in the CIPO warning.

CIPO Warning: LINK

2. The USPTO is requesting nominations for Public Advisory Committees established by the 1999 Patent and Trademark Office Efficiency Act. The two committees were established, according to the USPTO announcement below, to review the policies, goals, performance, budget and user fees of the United States Patent and Trademark Office (USPTO) with respect to patents, in the case of the Patent Public Advisory Committee, and with respect to trademarks, in the case of the Trademark Public Advisory Committee, and to advise the Director on these matters." Nominations are due by May 15, 2009, and submission instructions are provided in the link below.

USPTO Announcement: LINK

WIPO Press Releases

WIPO General News

Patent References

Click HERE to search issued U.S. Patents

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Click HERE to browse the MPEP (E8r6 in HTML and PDF, and E8r7 in PDF)

Click HERE to search patent assignments recorded with the USPTO

Click HERE to search Title 37 of the Code of Federal Regulations (rev. 7/1/08)

Click HERE to browse Title 35 of the U.S. Code

Click HERE to view current USPTO fees


Copyright 2006-2010, Mark Reichel. The Daily Dose of IP is my personal website, and I am not providing any legal advice or financial analysis. Any views expressed herein should not be viewed as being the views of my employer, Ice Miller LLP. Any comments submitted to this blog will not be held in confidence and will not be considered as establishing an attorney-client relationship. Information submitted to this blog should be considered as being public information, and the submitter takes full responsibility for any consequences of any information submitted. No claims, promises, or guarantees are made or available regarding the completeness or accuracy of the information contained in this blog or otherwise available by searching from or linking away from this blog.

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The DDIP Author

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.

Click HERE to view my full professional bio at Reichel IP LLC.


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