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 81 
 on: 12-07-17 at 09:58 pm 
Started by JTripodo - Last post by Tobmapsatonmi
Weird.  Many of the examiners I deal with are over 20, over 30 years experience.  One I deal with most often is pushing 40 years since his first examined patent issued, and that was almost 5000 patents ago.

survivorship bias?


Not sure how the concept of survivor bias can be applicable here.  Just commenting on my day-to-day experience, which includes for my office actions a large number of examiners at +20 years.

 82 
 on: 12-07-17 at 09:53 pm 
Started by Beginner123 - Last post by artchain
I'm going to start with some general advice.  If you are going to be producing media content, then you need to learn the "legal terminology" so that you can understand rights agreements. 

In this particular case, you need to have your actors (and sound tech) execute a "work for hire" agreement.  That will insure that you own the rights to the final work.


 83 
 on: 12-07-17 at 09:37 pm 
Started by JTripodo - Last post by Feta Cheese
Weird.  Many of the examiners I deal with are over 20, over 30 years experience.  One I deal with most often is pushing 40 years since his first examined patent issued, and that was almost 5000 patents ago.

survivorship bias?

 84 
 on: 12-07-17 at 09:14 pm 
Started by JTripodo - Last post by Tobmapsatonmi
the question to ask yourself is ... can you really make it 30-40 years grinding out mindless work on a computer screen?
This is big.  I've noticed my circle of friends shrinking while my few remaining social contacts have their circle of friends and professional networks expanding at other jobs.  Basically I feel like this job (examining) is slowly sucking the life from me.  It is truly fantastic the flexibility and predictability and work from home.  But that's where the "pro" column ends, and the "con" column seems to be ever-growing.

Yeah, at the "Path Training" I was amazed at how many are gone.

In my area, maybe 12-14 years experience generally makes you the senior examiner.

I don't believe I have *ever* met a 20+ year examiner that still examines.

When I first started I was told that many mid-range employees have a "life event" that disrupts their production, and they're permitted to resign. Funny thing, the same thing happened to the primary that told me that. He left at about 16 years after his parents were both near death, and he blew off the job to take care of them. I was told that PTO "lets you resign", so you can seek alternate federal employment.

I have known some that have a youthful, ambitious attitude where they feel like they have to keep "moving up", so they quit to "advance". They seem placated for a long time in the GS table/promotion
opportunities, eventually, though, they hit a "career rut" of being an examiner for life.


Weird.  Many of the examiners I deal with are over 20, over 30 years experience.  One I deal with most often is pushing 40 years since his first examined patent issued, and that was almost 5000 patents ago.

 85 
 on: 12-07-17 at 09:05 pm 
Started by JTripodo - Last post by steelie
the question to ask yourself is ... can you really make it 30-40 years grinding out mindless work on a computer screen?
This is big.  I've noticed my circle of friends shrinking while my few remaining social contacts have their circle of friends and professional networks expanding at other jobs.  Basically I feel like this job (examining) is slowly sucking the life from me.  It is truly fantastic the flexibility and predictability and work from home.  But that's where the "pro" column ends, and the "con" column seems to be ever-growing.

Yeah, at the "Path Training" I was amazed at how many are gone.

In my area, maybe 12-14 years experience generally makes you the senior examiner.

I don't believe I have *ever* met a 20+ year examiner that still examines.

When I first started I was told that many mid-range employees have a "life event" that disrupts their production, and they're permitted to resign. Funny thing, the same thing happened to the primary that told me that. He left at about 16 years after his parents were both near death, and he blew off the job to take care of them. I was told that PTO "lets you resign", so you can seek alternate federal employment.

I have known some that have a youthful, ambitious attitude where they feel like they have to keep "moving up", so they quit to "advance". They seem placated for a long time in the GS table/promotion
opportunities, eventually, though, they hit a "career rut" of being an examiner for life.

 86 
 on: 12-07-17 at 09:00 pm 
Started by Beginner123 - Last post by Beginner123
I'm developing a YouTube channel and I will be using voice actors on Fiverr.com for all of my video content. I will also use animators and Photoshop artists of Fiverr. I have some concerns in regards to my rights and ownership of purchased material...

I would like to ask if you know who owns the recordings of the voice actor after I purchase their recordings? 
Further I'm wondering what rights do I have on their recordings if they change their mind about how much they should be payed etc., after they already send the recordings?

Let me clarify that I would go far lengths at my own expense to avoid unnecessary headaches and bad PR, but I would still like to get informed. (I don't understand their terms - full of legal terminology)

 87 
 on: 12-07-17 at 07:15 pm 
Started by JTripodo - Last post by Tobmapsatonmi

Um, 80% of the SPEs in my division don't have JDs.


Yes, I believe "those" are the "theys" to which ABC123 refers.   :D

 88 
 on: 12-07-17 at 07:11 pm 
Started by stellar41 - Last post by Tobmapsatonmi
Hello

I have an invention/prototype that I wish to protect in both the US and Europe.  At this time I do not have sufficient funds for a Patent application so I thought start protection by submitting a Provisional application in the US which would give me 12 months to raise funds.  I am based in Germany. 

My questions are as follows -
1) Is my understanding correct that if the US patent is granted I can transfer the patent to Europe via the PCT, dated to the time of the Provisional?
2) In the period between the provisional application date and the US patent application I can disclose the invention publicly in the US, at for example a trade fair, and not invalidate the Patent application?
3) Will showing the invention at a European trade fair after the date of the US Provisional application invalidate any Patent applications in Europe?
4) Is there another way to begin protection in Europe that is similar to the US Provisional?

Thanks in advance for any advice

George


Hi.  We do have a few European patent attorneys who comment from time to time, who might provide better guidance.  I'll offer you my thoughts for now and hope one of them follows along later.

When I hear "I do not have sufficient funds for a Patent application so I thought start protection by submitting a Provisional application in the US", alarm bells start ringing.

When you say you don't have the money for a patent application, but do have the money (apparently) for a US provisional application, what do you mean?  Some people may offer very scantily drafted provisional applications that are indeed very cheap - and you get what you pay for.

The alarm comes from the notion that a scantily drafted US provisional will protect you later when you try to enter EPO or DE patent office with a more carefully drafted application within that 12 month period.  It sometimes happens that the patent office says that your US provisional does not provide proper "support" for your real patent application and that you cannot validly claim priority to it.  Or, more often, a competitor opposing the grant of your eventual patent says this, then uses your public disclosures against you.

Here are some links to read through for information. You can file an application similar to the US provisional at the EPO for free (at least, you used to be able to do so and I haven't heard that has changed).  If you want to pay the search fee, you can get useful information about the novelty of your invention in that first priority year as well (not available with the US provisional).  In any event, in your shoes I'd want to spend enough money so that my priority application was a document that well supports my invention.

Here are a couple of links with information about problems in claiming priority and also some comments about filing in EPO first instead of using a US provisional (some of the information may be dated, so verify before relying on it).
https://www.finnegan.com/en/insights/priority-pitfalls-in-european-patent-applications-based-on-u-s.html
https://secure.ipnexus.com/en/advice/questions/849


 89 
 on: 12-07-17 at 07:06 pm 
Started by mersenne - Last post by novobarro
Quote
Well, certainly.  However, that is not the sequence of events.  A request for AFCP is filed before the interview.  So I'm not sure how you get the interview before the AFCP request.

I've conducted interviews before the AFCP.  During the interview, we discuss a possible amendment to the claims.  When the claims are not too extensive, I usually ask If I can file the amendment under AFCP.  Sometimes the Examiner says yes and calls me for an interview under AFCP after I file the response.

 90 
 on: 12-07-17 at 07:01 pm 
Started by EDCGadgetGeek - Last post by abc123
There was a hedge fund manager who shorted stocks while instituting IPR's against pharmaceutical patents a few years ago. From what I understand, the strategy appeared to work at first.

One problem with these types of cases is that a patent challenger may not be able to establish standing to appeal a decision they lost at the board.

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