Patent e-Bulletin Index

SUMMER '2003 DEVELOPMENTS:

Extended Chapter 1 National Stage… the number of opting-out countries is reduced …

SPRING '2003 DEVELOPMENTS:

CANADA’S FEDERAL COURT OF APPEAL HEARS “DUTCH” DECISION*… once a Small Entity, always a Small Entity, but getting it wrong may be fatal…

WINTER '2003 DEVELOPMENTS:

REFORMING THE PATENT COOPERATION TREATY*… reducing cost and procedure for global patent protection.

FALL '2002 DEVELOPMENTS:

“E-FILING” U.S. PATENT APPLICATIONS*… The USPTO now offers electronic filing and monitoring.

SUMMER '2002 DEVELOPMENTS:

FOLLOWING THE UNITED STATES, JAPAN AND AUSTRALIA ENACT DUTY OF DISCLOSURE REQUIREMENTS

U.S. Patent Law has had, for some time, provisions imposing a strict Duty of Disclosure on U.S. Patent Office applicants. Japan and Australia have now implemented similar obligations on applicants in those countries….

CANADA NOW HAS EIGHT PART TEST FOR “PRIOR USE/SALE” DISCLOSURES

The Canadian Federal Court of Appeal, in Canwell Enviro-Industries Ltd. v. Baker Petrolite Corp., 2002 FCA 158 (April 29, 2002), has just established an eight part test for considering a disclosure by prior sale or use under paragraph 28.2(1)(a) of the Canadian Patent Act….

SPRING '2002 DEVELOPMENTS:

WIPO: PCT INTRODUCES EXTENDED CHAPTER 1 OPTION

Recent developments in the Patent Cooperation Treaty have brought about new options to extend the deadline for "National Stage" entry at a reduced cost. However, the changes are not as yet fully implemented and the “Chapter 2” phase of the PCT appears still to be worthwhile…

UNITED STATES: THE “AIPA” RAISES A NEW THREAT: A COMPETITORS PUBLISHED APPLICATION

The American Inventor’s Protection Act (the AIPA) added a provision to 35 USC 135 which is important when building patent portfolios in competitive markets. The new provision places an important onus on those seeking patent protection in the United States to the monitor competitors’ published patent applications.….