Dugie Standeford

Dugie Standeford

Attorneys: New USPTO Patent Appeals Rules Will Raise Costs, Accomplish Little

By Dugie Standeford for Intellectual Property Watch
New United States Patent and Trademark Office procedural rules governing ex parte appeals of rejected patent applications before the Board of Patent Appeals and Interferences (BPAI) have met with resistance from some patent attorneys, who argue they are unfair, unnecessary and will hurt smaller and foreign patent applicants. The USPTO said it adopted the rules, effective 10 December 2008, to streamline the handling of a growing number of such appeals.

USPTO Patent Reexamination Process Is Flawed, Think Tank Says

By Dugie Standeford for Intellectual Property Watch
A United States Patent and Trademark Office procedure for third-party patent challenges is in turmoil and needs rethinking, an investigation by an independent think tank has found. Though few in number so far, inter partes reexaminations are increasingly used in conjunction with, rather than as an intended replacement for, patent infringement litigation. On top of that, the USPTO is taking years to resolve the cases, leaving business plans in disarray.

The USPTO said it is working to cut delays in the system.

UK IP Chief: Copyright System A “Constant Conflict”

By Dugie Standeford for Intellectual Property Watch
The copyright system is not a balance but a "constant conflict" whose nature must be continually debated, UK Intellectual Property Office Chief Executive Ian Fletcher said at a recent seminar on the future of copyright. The office is in the throes of a consultation on possible new copyright law exceptions, the most controversial of which is a proposal to allow limited format-shifting.