Monday, July 23, 2012


Leahy-Smith America Invents Act Implementation 
MESSAGE FROM DIRECTOR DAVID KAPPOS: USPTO Testifies Before Senate Judiciary Committee on AIA Implementation
On Wednesday, June 20, 2012, I testified before the Senate Judiciary Committee about the agency's implementation of the AIA.  This was the second Congressional oversight hearing directed to AIA implementation since the new legislation was signed into law.  Previously, on May 16, 2012, I testified before the House Judiciary Committee about our AIA implementation activities.  In brief, I informed the Senate Judiciary Committee that the agency remains on track to issue final rules for various new provisions that go into effect on September 16, 2012, and is actively preparing proposed fees rule following two fee setting hearings held in February 2012.  I also informed the Committee that the agency has successfully implemented other provisions including (i) prioritized examination for which over 4000 applications have been received, over 2300 first Office actions have been issued, and 200 patents have granted; (ii) the pro bono program, which started in Minneapolis/St. Paul and is now operational in Denver with plans to expand to 4 additional areas by the end of the calendar year; and (iii) the satellite office program with the first office opening in Detroit in July and additional office locations to be announced later this summer.
MESSAGE FROM JANET GONGOLA, PATENT REFORM COORDINATOR: Rules Delivered to OMB for Interagency Clearance
The USPTO is progressing well in its preparation and clearance of various final rules for provisions that become effective on September 16, 2012.  These provisions include inventor's oath/declaration, preissuance submissions, citation of patent owner statements, supplemental examination, inter partes review, post grant review, and covered business method review.  Specifically, as of mid-June 2012, the USPTO submitted all of these final rules to the Office of Management and Budget (OMB) for interagency clearance.  As soon as this process concludes, the agency will publish the final rules in the Federal Register, which will occur no later than August 16, 2012--one month before the provisions are effective.  Search AIA text and see map of "2012 Fall Roadshow" at:  http://www.uspto.gov/aia_implementation/index.jsp

Well before president Obama signed the Leahy-Smith America Invents Act (AIA) into law last September, the bill was already being hailed as the biggest overhaul to U.S. patent law since 1952.  Promising to spur innovation, shorten application backlogs, and curtail legal costs, the bipartisan bill easily passed both houses of Congress.  But despite grand aims, lawmakers did not rebuild the patent law from the ground up.  Instead, they assembled a hodgepodge of compromises, particularly between the interests of large software companies, for whom patents have largely been a net drain, and those of biotechnology firms, which favored strong patent protection.  To the bill's mildest critics, AIA did not go far enough in meeting the needs of the software industry.  To bigger detractors, the new law is even worse than the old system—it is the legislative equivalent of spaghetti code, a jumble of rules whose meaning and implications will take judges and intellectual property (IP) lawyers years to untangle.  "This law is what the British call a 'dog's breakfast'—a little bit of everything," says University of California–Irvine law professor Dan Burk, who testified during Congressional deliberations last March.  Although the full implications are not known, most experts agree on which handful of changes will have the greatest impact on the software industry, for which the threat of patent-infringement claims has long been a thorn in its side.  Consider, for example, the Texas case earlier this year in which World Wide Web inventor Sir Tim Berners-Lee testified for the defense against a group of plaintiffs who claimed that anyone using interactive Web features was trampling on their intellectual property.  "There are thousands and thousands of examples of software used by companies for making things," explains law professor John Allison of the University of Texas–Austin.  In many other countries, patent laws enable companies to keep such internally used techniques a trade secret without worrying that they would be on the hook for patent infringement if someone else decided to patent the same technique.  In the U.S., on the other hand, "under the old law you could lose your ability to use technology that you invented," says John Duffy, a law professor at the University of Virginia School of Law.  The AIA's introduction of the prior-user defense changes all of that.  Especially given the costs of patenting, firms will likely have less incentive to disclose their inventions under this new provision, so the upshot could well be fewer patent filings and more trade secrecy.  Even so, only time will tell whether companies will increase investment in technologies that they will not be patenting, says Allison, an empirical legal scholar.  One of the biggest and most positive changes with the America Invents Act is the establishment of prior-user rights as a defense against patent infringement suits.  The America Invents Act's expansion of what counts as "prior art" that can be used to invalidate a patent will create new incentives to file early and often.  Read more and see suggestions for further reading at:  http://cacm.acm.org/magazines/2012/7/151237-patently-inadequate/fulltext

Bookyard is a project where Massimo Bartolini bring the public library to the great outdoors.
In Ghent, Belgium, St. Peter’s Abbey Vineyard has been a part of the town landscape since the Middle Ages.  Now this historic vineyard has gotten a beautiful new addition, dubbed Bookyard, which was recently installed by the Italian artist Massimo Bartolini.  Designed as part of the art festival Track: A Contemporary City Conversation, 12 sweeping bookcases align with the Abbey’s grapevines and harken back to an old world Europe that was once filled with bounded print, and free from digital forms.  See pictures at:  http://www.tumblr.com/tagged/bookyard

Every horse in the 2012 Kentucky Derby is a cousin of one sort or another to every other horse.  In fact, each horse racing is a descendant of an English-born stallion named “Bonnie Scotland.”  In 1872, William Giles Harding bought a stallion for stud that had been raced in England a few years earlier.  The stallion’s English racing career wasn’t particularly distinguished, but he had an impeccable bloodline.  That horse was named Bonnie Scotland. While at Belle Meade Plantation near Nashville, Bonnie Scotland’s performance at stud far surpassed his performance on the race course.  Bonnie Scotland appears in the genealogical charts of many of American racing’s greatest horses:  Secretariat. Northern Dancer. Seattle Slew. A.P. Indy.  Bonnie Scotland died in 1880 in Davidson County, Tennessee, after serving eight highly successful years at stud, siring the ancestors of all of the 2012 Derby contenders, and thousands of other thoroughbreds.  http://mnemosynesmagicmirror.blogspot.com/2012/05/kentucky-derby-2012-from-pedigree.html
 
We have all heard about the wonders of frictionless sharing, whereby social networks automatically let our friends know what we are reading or listening to, but what we hear less about is frictionless surveillance.  Though we invite some tracking — think of our mapping requests as we try to find a restaurant in a strange part of town — much of it is done without our awareness.  “Every year, private companies spend millions of dollars developing new services that track, store and share the words, movements and even the thoughts of their customers,” writes Paul Ohm, a law professor at the University of Colorado.  “These invasive services have proved irresistible to consumers, and millions now own sophisticated tracking devices (smartphones) studded with sensors and always connected to the Internet.”  Mr. Ohm labels them tracking devices.  So does Jacob Appelbaum, a developer and spokesman for the Tor project, which allows users to browse the Web anonymously.  Scholars have called them minicomputers and robots.  Everyone is struggling to find the right tag, because “cellphone” and “smartphone” are inadequate.  This is not a semantic game.  Names matter, quite a bit.  In politics and advertising, framing is regarded as essential because what you call something influences what you think about it.  That’s why there are battles over the tags “Obamacare” and “death panels.”  In just the past few years, cellphone companies have honed their geographic technology, which has become almost pinpoint.  The surveillance and privacy implications are quite simple.  If someone knows exactly where you are, they probably know what you are doing.  Cellular systems constantly check and record the location of all phones on their networks — and this data is particularly treasured by police departments and online advertisers.  Cell companies typically retain your geographic information for a year or longer, according to data gathered by the Justice Department.

The annual July event is called Ragbrai, the Des Moines Register's Annual Great Bicycle Ride Across Iowa, draws about 25,000 cyclists each year.  And there's a reason it's called a ride not a race.  Every 10 miles or so, cyclists pass through a small Iowa town, where churches, restaurants and ad hoc vendors line the streets to tempt bikers with homemade pie, buttered corn on the cob and pork chops. Those three delicacies comprise the "Holy Grail of Ragbrai," says T.J. Juskiewicz, the event's director.  Many cyclists have trained for months to be able to bike about 70 miles a day past rolling fields of tasseled corn and sturdy soybeans under the blistering heat of a Midwestern summer sun, and, this year in a terrible drought.  The ride isn't just for amateurs: Lance Armstrong has made four appearances on Ragbrai, most recently last year.  While Mr. Armstrong isn't planning to be there for this year's trek, 65 cyclists raising money for his foundation, known as Livestrong, do plan to ride.  Cyclists start the ride on the banks of the Missouri River and end when they dip their wheels into the waters of the Mississippi.  This is Ragbrai's 40th anniversary, and cyclists will cover 471.1 miles from July 22 to 28.  Organizers plug the ride as the "oldest, largest and longest bicycle touring event in the world."  Ovens are ablaze in Zearing. Bev Chance and 10 other church women are preparing to bake 50 to 60 pies for visitors cycling through the town, which has a population of 550.  "We've got banana cream, raisin cream, pumpkin, mincemeat and pecan," says the 69-year-old retired nurse. "Cherry, apple, blueberry, blackberry, oh, and raspberry."  Mr. Pork Chop Jr., as Matt Bernhard calls himself, says sometimes the heat and hassle of preparing for the ride—setting up two giant grills and cooking for hours in 90-degree-plus heat—is a drag.   "I would probably quit if it wasn't for Ragbrai itself," Mr. Bernhard says.  "But Dad's been on it for 30 years.  It gets in your blood."  The cyclists, he says, "expect that they'll come over the hill and they'll see those pork chops."  It's that camaraderie that keeps cyclists coming back for more Ragbrai.  And more food.  Jeannette Neumann 
Read more at:  http://online.wsj.com/article/SB10000872396390444330904577535281743599436.html?mod=googlenews_wsj

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