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Intellectual Property News
USPTO Grants First Patent Under New Accelerated Review Option
The Department of Commerce's United States Patent and Trademark Office (USPTO) today announced it has issued the first patent under its accelerated examination program that began in August 2006. The patent, for a printer ink gauge, was filed with the USPTO on September 29, 2006, and was awarded to Brother International, Ltd. on March 13, 2007. Average review time for applications in the ink cartridge technology area is 25.4 months. This patent issued in 6 months, a time savings of 18 months for the patent holder.
"Accelerated examination allows any innovator in any technology to get a full patent review and decision within twelve months," noted Jon Dudas, under secretary of Commerce for Intellectual Property. In return for cutting the time to obtain a patent decision by 25-75%, the agency asks the applicant for a better application and process. Inventors who want speedy results can get them, so long as they help improve the process."
To be eligible for accelerated examination, applicants are required to provide specific information, known as an examiner support document, so that review of the application can be completed rapidly and accurately. In return, the USPTO issues a final decision by the examiner within 12 months on whether their application for a patent will be granted or denied.
Any invention that is new, useful, non-obvious, and which is accompanied by a written description disclosing how to make and use it can be patented. Applicants' submissions enjoy a presumption of patentability. Thus, to reject an application the USPTO is responsible for ensuring that any evidence indicating that the invention is not new or is obvious (known as "prior art") is identified and explaining why the invention is not patentable in view of the evidence. Read more at uspto.gov.
USPTO examines patent applications.
The US patent office examines patent applications to decide if the applicants are entitled to the exclusive rights.
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Definition:
Is not considered to be inherently distinctive; to establish validity for registration or protection in court, it needs proof of acquired distinctiveness
International Application
Definition:
Allows a trademark owner to seek registration in any of the countries that have joined the Madrid Protocol by filing a single application.
Trade Secret
Definition:
Business information that is the subject of reasonable efforts to preserve confidentiality and has value because it is not generally known in the trade.
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