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Commission Files Comments With The U.S. Patent And Trademark Office
Filing of Commission comments: The Commission has filed comments with the U.S. Patent and Trademark Office (PTO) regarding proposed rules governing continuation practice. The comments were filed in response to a January 3, 2006, statement of proposed rulemaking in which the PTO proposed to revise certain patent rules of practice pertaining to continued examination practice, as set forth in title 37 of the Code of Federal Regulations. By filing a continuation, a patent applicant may obtain the patent examiner’s further consideration of the pending claims, and the opportunity to amend the claims or present additional arguments and evidence supporting patentability.
According to the comments, the FTC supports the PTO’s proposed rules on continuations – and urges their adoption – as they accommodate the legitimate uses of continuations, limit abuses that can harm the competitive process, and promote the patent system’s ability to provide incentives to innovate to the extent they reduce the pendency of patent applications.
You may be subject to a statutory bar.
You should check with an attorney/agent since you filed for a copyright in 1997 you may be subject to a statutory bar due to possible disclosure of your product.
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Definition:
The term generally used to describe the deliberate infringement of copyright on a commercial scale, i.e. unauthorized copying.
Fair Use
Definition:
A defense to a charge of copyright or trademark infringement. For copyrights, U.S. courts consider four factors in determining if a fair use defense exists: the purpose and character of the disputed use; the nature of the copyrighted work; the importance of the portion used in relation to the work as a whole; and the effect of the use on the potential market for or value of the copyrighted work.
Hallmark
Definition:
Originally an impression made on gold and silverware introduced in the beginning of the fourteenth century in England to identify the quality of the metal used. Later, a mark to identify the maker and year of production.
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