Patent world poised to explode
Is there anyone out there that still thinks patent law is boring, stuffy, and uneventful? If so, the next few weeks will likely change their viewpoint.
All eyes are on Congress this week as many believe both chambers will see introductions of new vintages of the now perennial patent reform bill. Bicameral introduction, with bipartisan original sponsors in each chamber, is expected and would be a new twist. Such an approach might be a sign that, somehow, this round is different. But don’t forget that, despite significant hearing activity and coverage in the media, patent reform legislation has seen very little movement in previous sessions. Only time will tell if the 111th is any different.
The coming excitement doesn’t end there, though. Remember that the Court of Appeals for the Federal Circuit is sitting on the Tafas v. Dudas case, and a decision could come anytime over the next several weeks. Depending on the outcome, the opinion could represent a posthumous victory for the Dudas administration or a final reminder of its failed attempts at aggressive administrative reform.
And don’t forget that we’re still waiting for President Obama to appoint a new Under Secretary of Commerce/Director of the Patent and Trademark Office. The confirmation hearings for the person tapped for this exciting and challenging post will, no doubt, receive a great deal of attention as many stakeholders wait to see if the Office will continue the policy initiatives of the Dudas era or if new leadership will bring new approaches to familiar problems.
Clear your schedules - there’s plenty of patent law excitement on the way.
tags: patent reform, Tafas v. Dudas, USPTO
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# posted on 06.09.09 at 2:09 am
CHINA 2009 PATENT LAW REVISION REFORMS PATENT PROBLEMS
The issues in PIO official Action paper 15 was offered by the inventor as an Aid to Legislation for the US Patent Reform Act of 2009. Refer to 333chamfil.newsvine.com.
Official Action requires the patent application to prove Inventive steps over the prior arts of the Vanderpool patent US 4432545
“It has long been the patent law of most countries that “priot art” comprises, in part, “…” 20 year old patents involving inventions that have never been prototyped or sold etc…”
The inventor however recommends the following reform:
To disallow usage of prior art of retired patent which for over 20 years have not developed prototypes or utility models. Approved patent should developed prototypes within 3-5 years to show proof of intellectual reality so as not to hinder other inventive ideas , innovation and value chain global economic advancement.
China Patent Law Revision effective Oct 1, 2009 deserve global application as to Novelty, Inventiveness and Practical Application.
The Vanderpool patent has lorded the patent file for 29 years and yet it has not made or ( cannot make) prototypes or use and produce effective results. Its inventiveness is suspect since its questionable features had not shown and represent notable progress.
Briefly, as describe the Vanderpool patent cannot be practically applicable as a humane cockfighting even using the current 2009 technology. The patent description narrates that the 2 muff, one in each leg embed sliding multi switches in the spur and wired to the power source and the transmitter to be attached to the skin with a double adhesive tape at the posterior portion below the tail feather of the bird.
Cockfighters will bear me with me that gamefowl are strong and a mere double adhesive tape will not hold the power source and transmitter during the fight. It will only unbalance the bird.
The area in the posterior portion below the tail feather is the anus and the tissue of the portion below the tail feather of the bird is a very soft tissue without bones that will not hold the transmitter and power source firmly. Sure dislocation of the power source and transmitter during the fight will hurt the bird, The patent concept will not gain approval from the Peta or Humane Society.
Also the wire from the spur.. to the tail portion of the bird will have to travel from the leg, thigh and body of the rooster which is about 7 to 9”. The patent description did not explain how the wire will be attached to the leg, thigh and body of the rooster but surely a double adhesive tape will not work The applicable circuitry in the invention is suspect Due to the above, the prior art character of the Vanderpool patent cannot be enforced intelligently which voids its novelty.
Rooster Electronic Boxing on the other hand has produced videos evidencing working prototypes and published substantive and economic features that represent global progress in with several publication at 333chamfil.newsvine.com , a subsidiary of msnbc. Video of the prototypes can be enjoyed at Yahoo.video , click on cockfight skills, High score wins, cockfighting alternative. A video which evidences that even the blind will know they are winning can be observed at roostertronic2.webs.com. There are copy cats who claim similar invention. Fortunately patent record will show that we invented and filed first.
China patent Law revision to be effective October 1, 2009
Chapter II Requirements For Grant of Patent Right
Article 22. Any invention or utility model for which patent right may be granted must possess novelty, inventiveness and practical applicability.
“Novelty” means that, before the date of filing, no identical invention or utility model has been publicly disclosed in publications in the country or abroad or has been publicly used or made known to the public by any other means in the country, nor has any other person filed previously with the patent office an application which described the identical invention or utility model and was published after the said date of filing.
“Inventiveness” means that, as compared with the technology existing before the date of filing the invention has prominent substantive features and represents a notable progress and that the utility model has substantive features and represents progress.
Practical Applicability” means that the invention or utility model can be made or used and can produce effective results.
Its lonely specially when I suffered a brain stroke last July, I do hope to meet an Angel.
Eddie dela Pena Roostronic@yahoo.com Tel. 646 969 7785
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# posted on 03.03.09 at 12:20 pm
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