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Law Offices of David L. Hoffman

 

"PREDICTABLE PRICES FOR UNPREDICTABLE PATENT PROBLEMS"

 

 

Newsletter 

Fall 2009  

 

THE PATENT OFFICE FINALLY TAKES

SOME STEPS IN THE RIGHT DIRECTION


            The patent office's attempts over the last few years to speed up examination of patent applications actually slowed them down.  Many were not examined until two years or more after filing.  For small businesses and entrepeneurs, this delay in examination often translates into a delay in product introduction.  They cannot afford to bring out the product without knowing that they can stop competitors.  To handle pressure to speed up examination, patent examiners became adept at pushing paper, causing even more delays and expense.  Former IBM Counsel David Kappos, the relatively new Commissioner of Patents, is addressing this "paper pushing" in part by enabling patent attorneys and inventors to talk to the examiner before the examiner ever sends out a first examination of the application.  Previously, you could only have an interview with the examiner after the first examination. This early interview process is designed to help focus examination which should speed up the time from filing through patent issuance.  In addition, this measure should improve the quality of examination.   I remain hopeful that Commissioner Kappos will continue to improve patent examination and fuel the economy.

 

Sincerely,

David Hoffman
Law Offices of David L. Hoffman

28494 Westinghouse Place, Suite 204

Valenica, California 91355

(661) 775-0300

(661) 775-9423 Fax

David@DLHpatent.com

DLHpatent.com

 

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Tip of the Month

I recently read an article by Bonnie Chermak, Esq., LAentertainmentlawyer.com, which covered how to protect ideas and works not protectable under copyright.  Little known Civil Code Section 980 provides exclusive ownership rights in certain inventions and works, and should be carefully considered when an issue arises in this area.