Sheldon Mak & Anderson - USIP.com

Wednesday, May 25, 2011

Patent Office Pre-Examination Interview Program

The U.S. Patent Office has a newly expanded program for interviewing patent applicants before an office action issues.  This program can result in faster allowance of applications.  In an implemented pilot program before the recent expansion, the Patent Office found about one third of the applications were allowed in the first Office Action.

To be eligible, a patent application must have no more than three independent claims and twenty total claims, all directed to a single invention.  To participate, the applicant electronically files a request for first action interview before any Office Action is issued.  An application that does not qualify can be amended to qualify by preliminary amendment.

There is no fee associated with the program.

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Friday, May 13, 2011

FRAUD ALERT RE TRADEMARKS


Applicants for foreign trademarks and U.S. trademarks are receiving fraudulent notices about their marks and need to check with their attorney before responding to any such notice. 

The first type of notice is a bogus invoice. The invoices can come from organizations that use initials such as OHMI, which are trying to confuse trademark owners and make them think the sender is OHIM. The OHIM (the genuine abbreviation for the Office for Harmonization in the Internal Market) registers trademarks for the European Common Market – there is no OHMI. 

The second type is a warning that third parties are registering domain names containing the addressee’s trademark.  This type of fraud notice typically deals with Chinese domain names.

Do not respond to these fraudulent invoices and notices.  If you are using an attorney to register your marks, which is highly recommended, any legitimate invoices will come through the attorney.  If there is any doubt about the legitimacy of an invoice or notice notice, consult with an attorney before acting on it.

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