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USPTO's Accelerated Examination Program: Speed at a Price
Part Two of a Two-Part Series
Part One of this series discussed the history of the USPTO's Accelerated Examination procedure and the procedural requirements for applicants. This month's installment continues the discussion of requirements for accelerated examination.
Continuing Obligation to List Prior Art. As in all patent applications, the applicant has a continuing obligation to bring to the USPTO's attention any material prior art discovered during prosecution (the failure to disclose such prior art may jeopardize any patent that is obtained). This continuing obligation means that an applicant who learns of material prior art during Accelerated Examination must identify that prior art to the Examiner, and, as is required by Accelerated Examination practice, also must provide a new accelerated examination support document discussing that prior art in detail. To comply with this requirement, references that are applied in a foreign application having a U.S. counterpart generally will be cited in the U.S. case. Therefore, if the application undergoing Accelerated Examination has foreign counterparts in which references are applied that should be cited in the U.S. application, the applicant must submit an additional accelerated examination support document, or even multiple such documents, discussing the references with the requisite detail. An applicant seeking Accelerated Examination whose U.S. application has many foreign counterparts should therefore recognize the possibility that prosecution will be affected when references are applied in those counterpart cases.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?