Patent Office Will Accept New Application Format

     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


Maryland IP Litigation 2008: Lawsuit Summary No. 6

     The sixth IP-related lawsuit filed in the U.S. District Court for the District of Maryland in 2008 involves a trademark dispute (source: Justia). 

     Michigan-based Flagstar Bank allegedly owns federal trademarks FLAGSTAR and FLAGSTAR BANK (word and design), which it uses in connection with lending and banking services. Defendant Fundstar Financial, based in Germantown, MD, allegedly began using the marks FUNDSTAR and FUNDSTAR FINANCIAL (word and design), in connection with mortgage banking services in Maryland. Plaintiff Flagstar is suing for trademark infringement; false designation of origin or sponsorship, false advertising, and trade dress; and common law trademark infringement.