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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.
Creation in a fixed form causes a copyright.
When a work is created in a fixed form, the US and the Berne Convention permits copyright to be conditioned to the owner.
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Definition:
A trade secret may be a device or process which is patentable; but it need not be that. It may be a device or process which is clearly anticipated in the prior art or one which is merely a mechanical improvement that a good mechanic can make. Novelty and invention are not requisite for a trade secret as they are for patentability. These requirements are essential to patentability because a patent protects against unlicensed use of the patented device or process even by one who discovers it properly through independent research.
Permission
Definition:
This is an agreement from a copyright owner allowing another party to exercise one or more of the exclusive rights provided the copyright owner under the Copyright Law (See FAQ Section 2.1.5. Permission generally does not involve the transfer of any fees or reimbursements. Permission may also be referred to as a Copyright Release.
Musical Work
Definition:
A category of copyrightable work expressed in notation or sounds. A composer's song is covered by a musical work copyright, but a recording of the song is covered by a sound recording copyright.
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