Maryland Intellectual Property Lawyer & Attorney : Brian Wm. Higgins : Serving Baltimore, Columbia, Frederick

     U.S. Patent & Trademark Office (PTO) records show that for the period January through June 2008, the PTO received 28 trademark applications from Maryland resident or entities (based on a search of "owner address" records using TESS). That number is a 55% decline in the number of applications received for the same period in 2007 (62), but only a 3% decline over 2006 numbers (29).

     The number of registrations to Maryland individuals or entities in the first half of 2008 was down compared to last year. According to the PTO, 23 registrations were effective during the period January through June 2008, which is a 4% decline in the number of registrations for the same period in 2007 (24 registrations), but is the same number of registrations in 2006 (23).

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     U.S. Patent & Trademark Office (PTO) records show that for the period January through June 2008, the PTO granted 986 patents naming at least one Maryland resident as an inventor or joint inventor (based on residence addresses supplied by patent applicants to the PTO). That is a 1% decline in the number of patents issued to Maryland inventors for the same period in 2007 (993), and a 5% decline over 2006 numbers (1,038).

     The number of published patent applications naming at least one Maryland inventor in the first half of 2008 was up compared to last year. According to the PTO, 1,579 patent applications naming at least one Maryland inventor were published during the period January through June 2008, which is a 6% increase in the number of patent applications published for the same period in 2007 (1,495 patent applications), and a 5% increase over 2006 numbers (1,511).

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     The US Patent & Trademark Office (USPTO), the European Patent Office (EPO), and the Japan Patent Office (JPO) agreed on a common patent application format (CAF), which is shown below.

     The USPTO states that its rules and procedure are consistent with the CAF, and that while some of the requirements of the CAF go beyond what the USPTO requires, the USPTO will accept an application in the CAF. It is noteworthy that the CAF does not include U.S.-specific requirements and optional content, including (1) cross-reference to related applications, (2) a statement regarding federally sponsored research or development, and (3) the names of the parties to a joint research agreement. Items (1), (2), and (3) may still need to be included in an application that otherwise follows the CAF.

     The EPO is planning to implement the CAF in the beginning of 2009 (paper, PDF and XML format will be accepted). The JPO is preparing for the introduction of the CAF in early 2009, except that the sequence listing is a separate part of the description, and that the request contains the number of the figure of the drawings which the applicant suggests should accompany the abstract are scheduled to be introduced in 2011.

ACCEPTABLE COMMON APPLICATION FORMAT FOR PATENT APPLICATIONS 

Description

Title of Invention

Technical Field

Background Art

Summary of Invention

Technical Problem

Solution to Problem

Advantageous Effects of Invention

Brief Description of Drawings

Description of Embodiments

Examples

Industrial Applicability

Reference Signs List

Reference to Deposited Biological Material

Sequence Listing Free Text

Citation List

Patent Literature

Non Patent Literature

Claims

Abstract

Drawings

Sequence Listing

Notes:

• Link to the PTO notice
• Link to the MPEP showing the current acceptable application format

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     U.S. Patent & Trademark Office (PTO) records show that for the period January through March 2008, the PTO received 15 trademark applications from Maryland resident or entities (based on a search of "owner address" records using TESS). That number is a 38% decline in the number of applications received for the same period in 2007 (24), and a 6% decline over 2006 numbers (16).

     The number of registrations to Maryland individuals or entities in the first quarter of 2008 was down compared to last year. According to the PTO, 8 registrations were effective during the period January through March 2008, which is a 43% decline in the number of registrations for the same period in 2007 (14 registrations), and an 11% decline over 2006 numbers (9).

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     U.S. Patent & Trademark Office (PTO) records show that for the period January through March 2008, the PTO granted 468 patents naming at least one Maryland resident as an inventor or joint inventor (based on residence addresses supplied by patent applicants to the PTO). However, that is a 7% decline in the number of patents issued to Maryland inventors for the same period in 2007 (502), and a 4% decline over 2006 numbers (485).

     The number of published patent applications naming at least one Maryland inventor in the first quarter of 2008 was up compared to last year. According to the PTO, 857 patent applications naming at least one Maryland inventor were published during the period January through March 2008, which is an 11% increase in the number of patent applications published for the same period in 2007 (773 patent applications), and a 15% increase over 2006 numbers (743).

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     U.S. Patent & Trademark Office (PTO) searchable records show that for the period January through December 2007, the PTO registered 83 federal trademarks to Marylanders (based on a search of "owner address" records using TESS). The PTO registered 57 trademarks to Marylanders for the same period in 2006 (a 46% difference), and 38 trademarks in 2005 (a 118% difference).

     Some of the more notable or interesting marks registered in 2007 include Registration 3291904 for ORIOLES (filed Oct. 20, 2005), Registration 3214009 for DLA PIPER, Registration 3217622 for RAVENS, Registration 3359033 for SOME THINGS.....ARE JUST TOO GOOD TO WAIT FOR (owner: Maryland 3D Ultrasound; what else!), Registration 3338092 for FESTIVUS MAXIMUS, and Registration 3300301 for CHESAPEAKE BAY WEEK (owner: Maryland Public Broadcasting Commission).

     In terms of applications, Marylanders submitted 85 trademark applications to the PTO in 2007, which is the same number submitted in 2006, but ten more than the 75 applications submitted in 2005.

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     The first nine months of 2007 saw an increase in the number of federal trademarks registered to Maryland entities and/or individuals, compared to the same period in 2006. U.S. Patent & Trademark Office (PTO) searchable records show that for the period January through September 2007, the PTO registered 45 federal trademarks to Marylanders (based on a search of "owner address" records using TESS). The PTO registered 35 federal trademarks to Marylanders for the same period in 2006 (a 29% difference). 

      In terms of filed applications, the PTO received 71 applications for trademarks from Maryland entities and individuals for the first nine months of 2007, compared to 65 applications received during the same period in 2006 (a 9% increase).

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     Although there are 45 days remaining before the new U.S. Patent & Trademark Office (PTO) patent rules take effect November 1, 2007, the number of visitors to this blog looking for information about the rules suggests that patent applicants and their representatives are actively looking for the best ways to comply with the rules today. That’s not a bad idea, considering how the new rules will substantially limit how patent applications are prosecuted at the PTO, and may require applicants to modify their patent filing strategies for both prospective as well as pending patent applications. According to Peter Weissman, a Partner at Blank Rome LLP, applicants should begin considering strategies for complying with the new rules.  In particular, Peter says, given the limited number of continuations, continuation-in-part (CIP), and Request for Continued Examination (RCE) applications allowed under the new rules, applicants should:

• Consider relying more on interviews with Examiners, particularly personal interviews, which tend to substantially advance prosecution and reduce the need for filing continuations and RCEs;
  
  
• Carefully review all claims, including dependent claims, after a first action on the merits (FAOM) to ensure that the case is in condition for an appeal; all “formal” matters should be resolved at that stage as well;

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     The first seven months of 2007 saw an increase in the number of federal trademarks registered to Maryland entities and/or individuals, compared to the same period in 2006. U.S. Patent & Trademark Office (PTO) searchable records show that for the period January through July 2007, the PTO registered 27 trademarks to Marylanders (based on a search of "owner address" records using TESS). The PTO registered 24 marks to Marylanders for the same period in 2006. 

     In terms of filed applications, the PTO received 65 applications for trademarks from Maryland entities and individuals for the first seven months of 2007, compared to 35 applications received during the same period in 2006. 

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          According to the Copyright Office web site, the Office is reengineering many of its internal systems, including the system for registration and recordation.  The implementation of an online registration system as part of the reengineering process reportedly requires that the Office amend its implementing regulations governing the procedures by which the public will be able to submit, and the Office process, copyright registrations and recordations. 

          The Office announced the availability of interim rules that identify the principal changes and upgrades to the registration system, and also announced the proposed amendments to the regulations to accommodate online registration.  The Office has commenced Beta testing of the electronic online registration system, which went on-line July 9, 2007.  According to the Office, the Beta testing will be limited to selected participants until system testing is complete, at which time the Office will open the electronic registration system to the public.

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• Once the Copyright Office's on-line registration and recordation system is fully operational, the government's three administrative bodies that govern IP--the U.S. Patent, Trademark, and Copyright Offices--will provide for further electronic filing of applications and forms over the Internet

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