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 31 
 on: 07-19-18 at 01:53 pm 
Started by MR - Last post by JV
I also often see part B of the form 82 used as a general POA, without the "optional" application serial number information being provided, then that form used for multiple uses of the part A transmittal each time identifying the application of interest.  Note that even the date in which the person signing on behalf of the applicant is "optional".

This is exactly what I do.  I have a scanned copy of an 82B that was signed by my GC, giving our customer number PoA.  I then fill out and submit form 82A for each application to give us power of attorney.

On the subject of whether you need PoA to prosecute, the one issue that I run into is with the relatively new Web-based Issue Fee Payment process (Web 85b).  This requires that a PoA be on file.  I haven't seen too many people using this process, but I like it so much more than writing the info onto the actual paper form.

 32 
 on: 07-19-18 at 01:47 pm 
Started by Robert K S - Last post by Robert K S
An EPO application which claims priority back to a U.S. provisional application is being rejected on the basis of a WO publication of another application by the same applicant-assignee.  The priority date of the application being prosecuted is BEFORE both the international publication date and the international filing date of the reference application, but AFTER the priority date of the reference application, which traces to a (different) U.S. provisional application.

Is the reference valid prior art in the EPO?

(In case it matters, the international filing date and international publication date of the application being prosecuted are both after the international filing date and international publication date of the reference application.)

 33 
 on: 07-19-18 at 01:42 pm 
Started by MR - Last post by JV
I used to have this problem.  It turned out that, while I though all of my lines were black (they sure looked black!) they were actually not true black.  This caused the black-and-white-boxes-effect when I zoomed in on lines after conversion by the USPTO.  Once I adjusted my line color to true black, the problem went away.
Note: I'm probably a bit different than most, I do all of my own patent drawings using CAD (PTC Creo) software.

 34 
 on: 07-19-18 at 08:03 am 
Started by Tobmapsatonmi - Last post by EvilLost
The European Patent Convention (EPC) is quite clear on this in Art. 60: The right to a European patent shall belong to the inventor or his successor in title. If the inventor is an employee, the right to a European patent shall be determined in accordance with the law of the State in which the employee is mainly employed...
So, entitlement to apply for a European patent of an employee inventor depends on the national law.

Is there some limited definition of "State" somewhere else in the EPC?

Based on a reading of Art. 60 (by itself), if an inventor lives and works in the US for a US company, then the right to an EU patent would be based on US national law? And US national law would vest it in the inventor.....

However, in practice, our firm does not do this (as instructed by our very large multinational clients)...Am I missing something?


 35 
 on: 07-19-18 at 04:57 am 
Started by RecoveringEngineer - Last post by bartmans
Normally, patent attorney law firms have a network of 'foreign associates' with whom they feel comfortable of trusting their applications for national filings (and often they receive their applications for US filings reciprocally).
If you are pro se and want to remain so, also coordinating the foreign filings, the best way is to check the rankings provided by e.g. Managing Intellectural Property to see which foreign firms are judged as the best by their peers.

It would, however, make sense to use one of the patent attorney firms (either a local one or a foreign one) as 'spider in the web' to coordinate all the foreign applications. That is preferred, because these all have differente requirements, different due dates for actions, etc. which are cumbersome to handle as an individual person or a small company. Even large companies with their own IP function often outsource foreign filings to a law firm.

 36 
 on: 07-19-18 at 04:46 am 
Started by Tobmapsatonmi - Last post by bartmans
Euro-Pat-Att may be right with respect to the philosophical question on the 'ownership' of an invention, but the issue here is not the actual ownership, but who has the right to apply for (and obtain) a patent. And there the old distinction between applicant and inventor pops up.
The European Patent Convention (EPC) is quite clear on this in Art. 60: The right to a European patent shall belong to the inventor or his successor in title. If the inventor is an employee, the right to a European patent shall be determined in accordance with the law of the State in which the employee is mainly employed...
So, entitlement to apply for a European patent of an employee inventor depends on the national law.

However, this - of course - only applies to patent applications filed under the EPC. How other patent laws solve the entitlement to obtain a patent should be investigated on a case-by-case basis.

 37 
 on: 07-19-18 at 04:31 am 
Started by eb8 - Last post by eb8
Hello,

We are creating a sports magazine website. we will write new fresh content daily on the previous games and upcoming games as well as more general content about sports.
Currently, the site doesn't have ads but in the future, we are planning to add ads.

Can I use Creative Common images on this site (like from Flickr and Wikipedia), as long, of course, I follow all the guidelines like attribution with name and link of the author?
Does this kind of site is "Commercial use"? or can I use images that are "no commercial use" since it' "editorial use"?

 38 
 on: 07-18-18 at 11:23 pm 
Started by memekit - Last post by eyjja
When you say 0.5 uM, I take it you mean 0.5 micromolar which is the common meaning of the M term. I think this is more limited to a solute in a solvent, i.e. a solution.

Concentration = amount / volume = mass (weight) x molar mass / volume

As you can see the concentration can be expressed as weight % with respect to volume, i.e. w/v %.  But weight % can be expressed as w/w % instead, so is more generic.

As I see it either w/v % or concentration will give you the same limitation, of course one may be easier to use or define, and is preferable over the other.

"If the effective serum concentration is 0.5 uM... one could achieve an effective serum concentration by manipulating ANY wt% to achieve it...so this is why I would think the serum concentration is the gold standard claim, not the wt%.  So, why is wt% used in claims?"

Lets say you have a polymer A in the serum which has a range for its molar mass is a range. The weight % of polymer A in the serum will most likely be easier to determine then the concentration.

Weight % is probably more commonly used in compositions or mixtures, something like this
1. Composition comprising 10 wt. % A, 20 wt. % B ... total 100%.

 39 
 on: 07-18-18 at 06:58 pm 
Started by MR - Last post by smgsmc
When you zoom all the way in on a PDF generated with Nitro (i.e., to 6400% in Acrobat), do you see black and white squares or various shades of gray?  All of the PDF printers I have (e.g., Nuance, Bullzip, CutePDF, Acrobat Pro) generate grayscale output only, as far as I can tell; there's no option to generate pure black and white output.
Oh, sorry.  I can set the output dpi in Nitro.  I do my own drawings and make sure not to select any greyscale or color features (black and white only) within the drawing programs; and (as dbmax posted) select linewidths wide enough to avoid any drawing elements from unexpectedly morphing or vanishing.

 40 
 on: 07-18-18 at 05:35 pm 
Started by MR - Last post by dbmax
Some drawing programs (eg DesignCad) have a minimum-pen-width setting in the print dialog which prevents the problem discussed in the OP, whether printing to paper or to pdf files. I keep mine set to 0.13mm.

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