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 on: Today at 01:30 pm 
Started by Retarius - Last post by Retarius
One follow-on question, if I may: Now that we have filed PCT, how soon can we enter national phase in a given country? Do we need to wait until the full 30 months are up?

 on: Today at 01:25 pm 
Started by midpatent - Last post by ma07
I have done my best to point out any distinctions on my resume where possible.

For example, I previously only did mechanical prosecution at firm A and now have more of a chemical/biotech focus at firm B.  My resume refers generally to the mechanical arts for firm A, and states that I have experience related to pharmaceuticals, cosmetic formulations, etc. for firm B.  Maybe yours isn't such a drastic change, but perhaps you can identify different subject matter you've worked on at firm A v. firm B.

Also, although certain things remain the same, i.e., I still draft patent applications and respond to Office Actions, I have more sophisticated clients with greater IP needs at Firm B.  As a result, I now manage global patent portfolios, provide legal opinions, draft Appeal Briefs for filing before the PTAB, and handle agreement work.  None of this was ever needed for clients at Firm A.   

 on: Today at 01:23 pm 
Started by Retarius - Last post by Retarius
Yup, makes sense. We took the cautious route and just filed PCT at Provisional + 12 months.

 on: Today at 09:42 am 
Started by Raja - Last post by Raja
Dear Bartmans,
Thanks for your reply.
Finally I got to know about the typical salary of trainee positions. It seems that only in big companies the salary will be higher, usually 55 k p.a.
Regards, Raj.

 on: Today at 09:31 am 
Started by MR - Last post by Weng Tianxiang
Sorry, I totally reversed my previous judgement.

122[a] person shall be entitled to a patent unless—

(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or
(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.

The red text defines an earlier filed application or patent which has more inventor than later filed claimed application.

In your post, earlier application has one inventor and second has two inventor, i.e., the situation is not included in  122(a)(2), so: your application A is not prior art to application B.


 on: Today at 08:40 am 
Started by tati - Last post by lazyexaminer
Also note that ITC decisions have no preclusive effect elsewhere re: patent issues so I'd rather win at the PTO or courts.

Some think this is an incorrect result, especially after the recentish Supreme Court TTAB case B&B Hardware, but you'd have to overcome CAFC precedent.

 on: Today at 08:18 am 
Started by tati - Last post by MYK
One more question, shall we submit invalidity procedure through ITC or PTAB? So what's the difference between these two ways?
It depends on what you are doing.  The ITC is for filing a lawsuit to block importation of an infringing product, if you are the patent owner or perhaps a licensee.  If you want to invalidate someone else's patent then you would usually file an ex parte reexam or inter partes review or PGR with PTAB.  You could also file a lawsuit in federal district court to invalidate a patent.  I don't believe (but may be incorrect) that you can file such a suit at the ITC, although it could be raised as a defense against the claim of infringement there.

 on: Today at 08:13 am 
Started by IPgirl - Last post by MYK
Do you want to protect the text and graphics, the appearance of the banner, or the physical assembly?

You may be able to copyright the text and graphics.  The text by itself is probably going to be too short for copyright protection, but if there is a graphical element you can claim copyright to that.  You may also be able to protect the slogan as a trademark.

If you want to protect the physical assembly of some generic banner-presentation device, like those banners with the looped plastic or carbon-fiber rod holding the fabric, that may be protectable by patent if the assembly is new and nonobvious.

If you want to protect the general appearance of the shape of the banner, that might be protectable with a design patent.

 on: Today at 05:54 am 
Started by Raja - Last post by bartmans
Dear Raja,

although there are differences from country to country and even within a country there are differences from firm to firm, it is to be expected that a European patent attorney would earn about 70-80K in the first years after getting registered. Next to the gross salary also other items play a role, such as bonuses, pension scheme and health insurance, expense compensations, provisions for a company car, company telephone, company journal subscriptions etc.
As you may realise the inclusion of these components in the gross income can make a world of a difference.

After the first years it will depend on your role (whether you become partner or senior associate) how and to which height your salary will rise.

 on: Today at 05:08 am 
Started by tati - Last post by chenheng222
One more question, shall we submit invalidity procedure through ITC or PTAB? So what's the difference between these two ways?

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