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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.
When to use an R with circle -- ® -- or a TM with circle
The TM with circle Tradmarked can be used at anytime in the process it’s a notice of reserving. An R with a circle federal registration symbol can only be used when the intellectual property is actully registered in the government office.
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Definition:
The copyright owner is not necessarily the author or creator of the work. While in most cases, the creator/author is automatically the one with all exclusive rights to his/her work, the author can give up all rights and transfer the piece to another perso
Distribution Right
Definition:
Rights of copyright, the distribution right is infringed merely by a transfer of copies of the work, whether those copies were unlawfully or lawfully made, except under the First Sale Doctrine.
Canceled Claim
Definition:
A claim that is canceled or deleted. Canceled is the status identifier that should be used when a claim is canceled in an application.
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