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 81 
 on: 10-08-17 at 10:56 am 
Started by mersenne - Last post by snapshot
Hey David.  Almost all the obviousness-type double patenting rejections I see nowadays use a piece of secondary art to show why the difference between the child app claims v. parent patent claims are just obvious variants.

I've read quite a few old file histories where an OTDP rejection glosses over the difference and just says it's a well-known variant (and it is indeed, usually), but the attorney reply insists on proof or argues the office is taking official notice without being explicit about it.  So to avoid this, I think most examiners figure it's just quicker to show it with a piece of art to keep the over-zealous attorney from arguing about whether a PF case has been made.

The PTO is getting pickier with examiners about doing this, too.  It's become a QR focus, for whatever reason, so that could also be why you're seeing more "effort" put into an ODP rejection.

 82 
 on: 10-08-17 at 03:01 am 
Started by iplaw95 - Last post by bluerogue
Already told you, find a community college and take a two-semester course there.  There's no shortcut.  You might be able to find one that will let you do both semesters at the same time, which would at least shorten it to a single semester in duration -- but then you might have to worry about the USPTO's wording that they have to be "sequential".

I read that to mean 201/202 not 101/201.  At my school the 101 series was for non-engineering majors and the 201 courses were for engineering majors so it sounds like it would be possible to take both classes concurrently or if you got credit for a 201/202 course for quarter hours, maybe you can just take the 203 course. 

That's my read of course.  OED would be the definitive authority.

 83 
 on: 10-07-17 at 08:24 pm 
Started by Kekistani - Last post by CRfan
artchain writes, “If you are a creative professional, you really should learn the basics of Intellectual Property law.”

artchain is so right!!!  Too many creatives lack basic legal (IP) and business skills.  Photo, film, animation, gaming, writing, journalism, and other art school are negligent for not providing their students with substantive business & legal training.  No wonder young creatives are frequently exploited by business and the media. 

Kekistani writes,   “…honestly I don't see why a timestamp service like Digistamp or Safe Creative wouldn't be enough to prove it's our creation.”

If you’re based in the USA, skip using any time-stamping tool to prove your authorship (it’s similar to the Poor Man’s copyright of mailing yourself a sealed envelope with your work inside).

If you register your creative works with the US Copyright Office before publication or within five-years of first publication, you receive presumptive proof (prima facie evidence) that you have a valid copyright, and the facts stated in your copyright registration application are valid.  Having your copyright Certificate of Registration in-hand helps prove your creation, authorship, and its corresponding copyright to a federal judge and others (see 17 USC § 410(c)).

 84 
 on: 10-07-17 at 08:02 pm 
Started by lboceanguy - Last post by CRfan
I’m super cautious about using Creative Commons (CC) works in my media projects. 

With copyright infringement being a strict liability tort (notwithstanding Fair Use), how do you actually know that the person who marked and posted the work with a CC license has the authority to do so? 

Before appropriating CC content to your blog, web/social media sites, or in business (commercial) presentations, do some verification, as those “free” images may not be so free after all.  And you certainly don’t want to receive a cease & desist letter with a pricey invoice attached to settle an unlicensed usage.
 
My best practice is to contact the party who posted the CC work, asking him/her to confirm the CC license and that s/he is, indeed, the author or rights-owner of the work.  In addition, conduct a reverse Google image search to double-check that the work is being tracked back to the rights-owner.  If you don’t receive a reply confirmation, or the reply is not to your satisfaction, or the image is having a hard time finding its rights-owner through web search, or your use doesn’t clearly fall within Fair Use, skip using the work all together and search for a substitute--this will be your good faith effort (maybe even your best effort) to mitigate your copyright infringement exposure.
 
Joy R. Butler, attorney, writes, “…Creative Commons materials typically come with no representations, warranties, or indemnifications and, for that and other reasons, using Creative Commons materials is not always risk-free. Source:  Search “Adding Music to Your Company Video” (Blog Guide Through the Legal Jungle) by Joy R Butler via Lexology.

Works affixed with commercial CC licenses may unknowingly pose the most liability risk to end-users.

At the end of the day, there’s no free lunch.  If you’re expecting to use free creative content (commercially) without checking the source, you’re engaged in a risky business.  Always double-check the license’s provenance before proceeding.  Protect your business by doing some due diligence.

MYK writes, “You can do them all in a few slides at the end.” 

My preference is to attribute the CC work on the same page it is featured.  Many authors would not appreciate their attribution appearing at the end of the slide presentation.

 85 
 on: 10-07-17 at 04:46 pm 
Started by Conquistador - Last post by examiner_bio
It doesn't hurt to quietly interview and get all the facts on other places.  I just started at my 3rd firm with 3 years now in the field.  I disagree that a firm/year is bad because the environments at each firm are very nuanced.  At my first two firms, either attorneys left to start a new practice or clients left because rates were too high - so it depends on your reasons.  If another firm really wants you, because of your background, I have found they care less about how many firms etc. 

In my view, if you are meeting your hourly goals and the partners like you, I wouldn't worry much about the associates.  I'm in a similar situation, but it's a person who is of counsel and not an associate - the person shouldn't be in patent law, but I must work with them and please them as best as I can.  I think you will find this anyplace you go.  In your case, since the problems are with associates, keep a ear out if they will be promoted or not.  I have seen associates do many things and very few stick for 4+ years.  Another thing to try is to attempt to improve communication.  I have found that after awhile of being in the field, most internal issues come down to communication.  You could try to improve communication over the next year, and if it remains poor, explore options.

 86 
 on: 10-07-17 at 03:23 pm 
Started by iplaw95 - Last post by iplaw95
UCB is on a semester system, so not too sure as well. It just says 5.3 credits were transferred over for college credit for AP chemistry.

I think it is because most other UCs are on a quarter system, so UC students receive 8 quarter units for AP Chem. But since Berkeley is semester based, we would have to divide 8/1.5 to convert to semester units. Not sure what this means, so I guess it is up to USPTO.

 87 
 on: 10-07-17 at 03:20 pm 
Started by iplaw95 - Last post by MYK
Thanks for the response. I took one year of AP Chemistry in high school and scored a 5 on the AP exam. I know the credits transferred over to my college but they didn't transfer over as 8 college units, but something around 5 or 6.

Would this still be considered 8 semester hours? Or since the number of credits transferred wasn't actually 8, would it not be enough to meet the 8 hours of physics and/or chemistry requirement.
Odd (to me) because I got a 5 on mine back in the day and my original transcript was marked as getting two semesters of credit.  If UCB is on the quarter system, maybe that's why -- they gave you two quarters, not three.  I can't tell you whether that would count or not.

The only people who can answer that are in the USPTO's OED.  You can call and try to get past the screeners to talk to someone who actually evaluates credentials.  They may or may not be willing to answer.  Most likely they would not -- you would have to apply to take the exam and get rejected to find out, at which point you would have to do the following:

If it doesn't, any recommendations/ways I can get to the 8 hours requirements?
Already told you, find a community college and take a two-semester course there.  There's no shortcut.  You might be able to find one that will let you do both semesters at the same time, which would at least shorten it to a single semester in duration -- but then you might have to worry about the USPTO's wording that they have to be "sequential".

 88 
 on: 10-07-17 at 02:21 pm 
Started by PatentMe - Last post by Tobmapsatonmi
The 2nd does survive early termination of the parent.  Most people put language in the TD form mentioning that what's disclaimed is time in excess of the parent's full, statutory term, as modified by any PTA granted to the parent.  (The full term is what it is, regardless of whether the patent is actually maintained for that full term)

 89 
 on: 10-07-17 at 02:17 pm 
Started by JTripodo - Last post by Tobmapsatonmi
So if the newhire examiner is not an inventor/owner of the patent apps, but just the drafting/filing attorney, once the applications shift to another attorney at their old firm there's no longer any conflict?

What if the newhire examiner gets assigned to the same GAU where those apps are being examined? 

This happened to me.  I'm conflicted out on any patent I touched before joining the PTO.  This includes patents that I did not write, but reviewed, approved, etc.  I've had to move away a few applications because of this, but it's not as many as you might imagine.  You're conflicted out of those apps pretty much forever (and for good reason, IMO).


Thanks, good info.

 90 
 on: 10-07-17 at 12:41 pm 
Started by iplaw95 - Last post by iplaw95
Thanks for the response. I took one year of AP Chemistry in high school and scored a 5 on the AP exam. I know the credits transferred over to my college but they didn't transfer over as 8 college units, but something around 5 or 6.

Would this still be considered 8 semester hours? Or since the number of credits transferred wasn't actually 8, would it not be enough to meet the 8 hours of physics and/or chemistry requirement.

If it doesn't, any recommendations/ways I can get to the 8 hours requirements?

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