Re: New US legislation

Leland Ness (lness@dgsys.com)
Wed, 24 Nov 1999 17:16:11 -0500

I agree. My reading of it was that the purpose was to introduce the
publication of applications (where such publication would occur anyway due
to foreign filings) into the US system. For US-only filings the state
remains the same -- no publication until granting.

Lee Ness
Carlton Group Inc.

----- Original Message -----
From: Martin Goffman <mgoffman@goffman.com>
To: Stephen Adams <stevea@magister.co.uk>; PIUG Listserver
<piug-l@derwent.tecc.co.uk>
Sent: Wednesday, November 24, 1999 4:30 PM
Subject: Re: New US legislation

> Stephen:
>
> The correct code section is 35 USC (b)(2)(B)(i), not (1), and it does not
> say what you thought that it said.
>
> 35 USC (b)(2)(B)(i) states that:
>
> [An application shall be published after 18 months after filing, unless
the
> applicant certifies that] the application has not and will not be [filed
in
> a jurisdiction that requires] publication of applications 18 months after
> filing ...."
>
> Thus, only applications not filed abroad, generically speaking, can avoid
> publication.
>
> Best regards.
>
> Marty
> _______________________________________________________________________
> _______________________________________________________________________
>
> Martin Goffman, Ph.D. Research*Consulting*Information Specialist
> Martin Goffman Associates
> mailto:mgoffman@goffman.com http://www.goffman.com
> "TURNING INFORMATION INTO INTELLIGENCE (R)"
> _______________________________________________________________________
> _______________________________________________________________________
>
>
>
> ----- Original Message -----
> From: "Stephen Adams" <stevea@magister.co.uk>
> To: "PIUG Listserver" <piug-l@derwent.tecc.co.uk>
> Sent: Wednesday, November 24, 1999 7:57 AM
> Subject: New US legislation
>
>
> > Does anyone have any comment (from the information specialist's point of
> > view) on the effect of the proposed revision of section 122 of 35 USC,
> > as proposed in HR.1554.?
> > I'm surprised at the proposed wording of the new section 122
> > (b)(2)(B)(1), which allows for non-publication of US cases at 18 months
> > if application has also been made into another 18-month publishing
> > authority. Surely this will do nothing to remedy the problem of
> > submarine patents?
> > I understand that this bill was passed recently. Can you explain to a
> > non-American what happens next?
> >
> > By the way, Happy Thanksgiving !
> >
> > --
> > Stephen Adams
> > Magister Ltd.
> > Crown House, 231 Kings Road, Reading, RG1 4LS, GB
> > Tel: +44 (0)118 929 9515
> > Fax: +44 (0)118 929 9516
> > e-mail: stevea@magister.co.uk
> >
> > Registered in England and Wales. Company No. 3407685
> > Registered address : Canada House, 272 Field End Road, Eastcote,
> > Ruislip, Middlesex HA4 9NA.
> >
> >
> >
>
>