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PTO Issues Final Rule to
Implement Prioritized Examination Track (Track
I)
In response
to the prolonged prosecution times currently
experienced in the patent application process, the
United States Patent and Trademark Office
announced on April 4, 2011, a final rule to
implement prioritized examination of patent
applications. The process
requires in short a petition for priority
examination, along with the payment of a $4,000
request fee over and above traditional patent
application filing fees. See 76 Fed. Reg.
18399. For additional
information, click
here.
United
States
Patent and Trademark
Office Urges Senate to Pass the
America
Invents Act
April 7,
2011, Grand Rapids, Michigan – Under Secretary of
Commerce for Intellectual Property and Director of
the United States Patent Office (USPTO) David Kappos issued the following
statement on March 8, 2011 in anticipation of a
Senate floor vote on S. 23, the America Invents
Act of 2011. For
additional information, click
here.
Federal Circuit Hears
Oral Argument on Eligibility of Genes for
Patenting Also Explores Standing Questions
Grand
Rapids
,
Michigan
, 2011. On April 4, 2011, the Federal Circuit Court
heard oral argument in the case of Association for
Molecular Pathology v. Myriad Genetics, Inc.#
concerning a summary judgment ruling that patents
on genetic material are invalid because they seek
to protect naturally occurring subject matter. In addition to exploring the
degree of human intervention needed to create
patentable biotechnology, the Court also
considered whether a patentee's objections more
than 10 years before the filing of the suit was
sufficient basis for creating a case or
controversy for declaratory judgment
jurisdiction. Federal
Judges Lourie, Bryson,
and Moore heard the arguments. For additional information, click
here.
Important Considerations
When Registering Corporate Names
Your client
wants to start a new company. They have spent thousands of dollars with a
marketing firm developing the company name and
related artwork for the corporate image. They have engaged your firm
to file the formal papers and register the entity
with the Secretary of State. The client is now open for business. How confident are you that
your client has the right to use the company name,
brand or image? For
additional information, click
here.
Supreme Court Upholds
Patentability of Business Methods
Today the
Supreme Court issued its long-awaited decision in
the Bilski case,
affirming the Federal Circuit's judgment that
mental processes, without acting upon machines or
other transformation of the data, are not
patentable. For
additional information, click
here.
U.S.
District Court Declares
Patents on Human DNA Invalid
On March 24,
2010, the United States District Court for the
Southern District of New York held seven patents
owned by Myriad Genetics invalid on grounds they
protected scientific principles and laws of
nature. The patents included composition and
method claims directly related to genes commonly
associated with breast and ovarian cancer. For additional information, click
here.
U.S.
Patent Office Announces
New Program for Green Technology.
The U.S. Commerce
Department’s Patent and Trademark Office (USPTO) will pilot a program to
accelerate the examination of certain “green”
technology patent applications. The new initiative, coming days before the
United Nations Climate Change Conference in
Copenhagen
,
Denmark
, will
accelerate the development and deployment of green
technology, create green jobs, and promote
U.S.
competitiveness in this vital sector. For additional information, click
here.
Court of Appeals for
Federal Circuit Holds Strict Penalties for Falsely
Marking Products as Patented.
Washington
,
D.C.
, December 28, 2009.
The Court of Appeals for the Federal Circuit
issued an opinion in the case of The Forest
Group, Inv. v Bon Tool Co., et al., 2009-1044
12-28-2009 (Fed. Cir.
2009) involving qui tam cases alleging
violation of the patent marking statute. The
Court held third parties bringing suits on behalf
of the government may be awarded up to $500 for
each product or article falsely marked as patented
or protected by patent where the patent holder
reasonably knew the patent did not cover the
article being produced. The Court stated
that the plaintiff only
need to show by a preponderance of the
evidence that the defendant did not have a
reasonable belief that the articles were properly
marked. An assertion by the defendant that
it did not intend to deceive, standing alone, was
"worthless as proof of no intent to deceive where
there is knowledge of falsehood." This
decision exposes manufacturers to substantial
liability when placing patent notices on
products. For more information click
here.
Supreme Court Issues New
Rules of Discovery Concerning Storage of
Electronic Records.
Washington
,
D.C.
, December 1, 2006.
Changes to the Federal Rules of Civil Procedure on
discovery impact how businesses must store
electronic records such as emails, instant
messages, digital images and drawings. See the article entitled, "New
Federal Rules Concerning Storage of Electronic
Data," below.
Grand
Rapids
Law Firm Founder
Nominated for 2006 Businessmen of the Year
Award.
Press Release,
Washington
,
D.C.
, November
30, 2006. The
Business Advisory Council for the National
Republican Congressional Committee announced today
its list of nominees for the 2006 Businessmen of
the Year Award. The list recognizes the top
U.S.
business leaders who have successfully integrated
business and financial success with the support of
Republican ideals. These influential
community leaders were singled out to receive this
prestigious award because of their willingness to
provide invaluable input to the Business advisory
Council and for their unselfish commitment to the
Republican Party. Appearing on the list is
Mr. Barry C. Kane, the founder of the Grand
Rapids-based intellectual property law firm Kane
& Co, PLC. Also appearing on the list is
Michigan
businessman Walter Ehrinfreed. | 
