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Bruce E. Burdick

Bruce Burdick’s Legal Guides

144 total


  • Were Microentity fees a cruel trick?

    11 It now appears that Microentity fees were just a gimmick concept of Sen. IBM Leahy to mislead his colleagues into thinking there was something in this bill favoring individual inventors. Now that the bill has passed, those statutorily required Microentity fee reductions whi...

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  • Fast Track (“Prioritized Patent Exam”) – Who is the Winner?

    SEP http://www.beckersasc.com/asc-supply-chain-materials-management/small-inventors-pay-less-for-fast-track-process-in-new-patent-law.htmlThe above article notes that small entities pay half as much ($2400 vs $4800) to have their patent application fast-tracked. So lets see wh...

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  • Monetizing Patents

    David Kappos,USPTODirector, when in charge of managing IBM patents, said, Right now, what youve got is a marketplace where nobody knows what the asset is worth. Perhaps, but IBM has made overten billion dollarslicensing its patents, so somebody knows the asset is worth an awful l...

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  • Simplification of Record-keeping under Patent Reform - a Deadly Myth

    I can see more logic to lowering the standard of proof for a derivation case than on an invalidity case since there is no prior examination or adjudication such as there is in a patent examiner's prior determination on lack of anticipation and lack of obviousness. However, there ...

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  • .xxx domain sure to create new trademark disputes

    With the expansion of the generic top level domains gTLD comes a new problem for trademark owners. No longer will having .com, .net, and .org be enough. yourbrand.xxx may give IP counsel a new item of concern. The .xxx domain is being administered by ICM Registry LLC. Their websi...

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  • What Changes Will I Need To Make Under The New Patent Law

    The America Invents Act (AIA) enacted 2011-09-16 has changed the game for small business and independent inventors. Patents may not be the best option and inventors must revise their strategies.

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  • Starting Business? How to Protect Your Creations (your “intellectual property”)

    Know Your Options, there are many kinds of protections Patents protect inventions that are new, useful and unobvious. The owner of a patent has a right to exclude others from making, using, selling, offering for sale or importing the claimed invention, upon issuance of the pate...

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  • What Are The Advantages (& Risks) of a Provisional Utility Patent Application (PUPA)

    There are 7 main advantages (extending patent term, quicker filing, lower cost, simplicity, easier to do-it-yourself, the 2-yr PUPA pilot program ) and 3 main disadvantages (risk of missing a deadline, risk of inadequate disclosure, tendency to do-it-yourself.) We will discuss each of them:

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  • Benefits of a Provisional Utility Patent Application - Advantage 1

    Advantage 1: You can extend the term of the patent for up to a year The provisional utility patent application (PUPA) provides priority against prior art or later applicants but yet does not count against the patent term 35 USC 154(a)(3) This makes it possible to have a patent te...

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  • Benefits of a Provisional Utility Patent Application - Advantages 2 & 3

    Advantage 2: Quicker Filing A PUPA can be filed quickly since it only needs a disclosure and claims can be omitted or simplified. PUPAs are not examined, so claims are not required. There are situations where they are desirable and they help in drafting the disclosure, but in a r...

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