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Steve Gravini

@stevegravini

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Graduated!

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⭐️ TYPES OF 🇺🇸 REPRESENTATIVES ⭐️

🥇The US recognizes legally qualified representatives, „attorneys at law“. That means
graduating law school, sit for a State Bar Exam, admitting to the bar #yadayadayada

🥈Recognized are also representatives who have passed the a patent law specific test, so called „patent bar“. These representatives are called „patent agents“.

🥉There’s also a third type of representative, who has been tested specifically on patent law. This type of representative is called a „patent attorney“. They are attorneys at law that on top of it all passed the patent bar.

⭐️ Before you start studying 📚 right away to become one of the above, you better enjoy your weekend! Picture was taken on the Gettysburg battlefield (PA monument).

#happyweekend #patentlaw #career #careergoals #check #intellectualproperty #iplaw #lawyers #paralegal #patentagent #patentattorney #innovation #inventions #ip #iplaw #legal #pa #gettysburg #enjoyyourweekend #attitudeofgratitude

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LET’S HAVE A 👀 AT✌🏻REQUESTS ❤️🤍

1️⃣PACE REQUEST
Applicants in a hurry ⏱ can ask to have their application processed under the „program for accelerated prosecution of European patent applications“ (PACE). The PACE request may be filed only once during each stage of the procedure, i.e. search and examination, and for ☝🏻 application at a time. Note that a PACE request filed during search will not trigger accelerated examination. 🏃‍♂️Also keep in mind that your request will go bye bye if you’re requesting for an extension of time during this phase. 👋🏻

2️⃣PATENT PROSECUTION HIGHWAY (PPH)
This program is based on a mutual decision of the IP5 Offices. The IP5 are: EPO 🇪🇺, JPO 🇯🇵, KIPO🇰🇷, CNIPA🇨🇳, USPTO 🇺🇸. The PPH enables applicants whose claims have been determined to be patentable/allowable to have a corresponding application filed with a PPH partner office processed in an accelerated manner while at the same time allowing the offices involved to exploit available work results. ⏰💸 So ideally that’s a classic win win for the applicant and the office(s). A PPH request can be based either on [🌐the WO of the ISA or IPER established by one of the IP5 Offices as ISA or IPEA] or [an all together national application or a PCT application that has entered the national/regional phase before one of the IP5 offices 🇪🇺🇯🇵🇰🇷🇨🇳🇺🇸 ].

💨One of the best things about PACE and PPH request is, that they’re both 💯% free. On the other hand there’s no entitlement for approval of the request. 🤔

💨As always — Keep in mind that this is just a quick overview for starters. Details are hard to present in an Instagram post. Well for me it is, anyways. You can always send me a DM or maybe I send you a DM sometime soon! 👋🏻😁

#european #patent #patents #❤️ #🤍 #application #europe #🇪🇺 #patentlaw #fast #patentpending #intellectualproperty #iplaw #legaleagle #lawyer #paralegal #lawschool #newpost #forbeginners #education #educateyourself #nextlevel #studygram #inventors #protect #invention #startup #business #knowwhatmatters

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🛒🛍WHAT IS IT & WHAT HAS IT TO DO WITH PATENT LITIGATION⁉️🛒🛍

🛒 Forum shopping refers to the practice by which a plaintiff would select a Disctrict Court that’s favorable to the plaintiff and file an infringement lawsuit there. 😋 💡 So you end up having courts with a “certain reputation” 🙃which might lead to a “race to the button”. Not what ⚖️ had in mind...

🛒 Before you get your hopes up high: In 2017 the Supreme Court decided in TC Heartland vs. Kraft that Forum Shopping in patent litigation cases would no longer be acceptable. 😒Today the patentee has to sue for infringement in the state where the alleged infringer (defendant) is incorporated/has an established place of business. 😛

🛒 ❤️/questions/comments/concerns are appreciated 🤗

#patentlaw #patents #litigation #forumshopping #putitontheplastic #intellectualproperty #iplaw #usa🇺🇸 #law #learnnewstuff #school #lawyer #paralegallife #patentattorneys #agents #askmeanything #myproject #mybusiness #work #tuesday #invent #protect #innovation

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FOLLOW UP 2 YESTERDAYS POST ‼️
(All about post grant proceedings, 🇪🇺🇺🇸)

🔹Apparently the #easypeasy self-explanatory chart wasn’t so self-explanatory after all. #aspromised :

📍For starters: 🥇Post grant proceedings I presented, have in common that they’re all third party proceedings so to initiate them you always need a third party to #takeaction and mess with you. 🤼‍♂️ This is where monitoring services 🔎come into play, btw. 🥈They also have in common that they run under ☝🏻 assumption: Your #patent should not have been granted/issued because (allegedly) the requirements are not given. 😡

🔭For an overview: No matter the jurisdiction, it’s smart to have a look at the patent itself. Look at the date it has been granted/issued.💡🗓

🇪🇺Under the #epc 🔴⚪️, WITHIN 9️⃣ months starting from the publication of grant, a third party can attack your #propertyright with initiating opposition proceedings. 🧐 The third party can be #everyoneandanyone , no-one needs to proof any kind of interest to the @europeanpatentoffice . The only condition is to pay in a fee. 💶 You wouldn’t work for free would you? (Am I?! 🤔) AFTER 9️⃣ months anyone who has a problem with your patent needs to deal with nullity proceedings before national courts of the EPC Contracting States. This is pretty nast work. #💩

🇺🇸Both existing types of US third party post grant proceedings are brought to you by the the courtesy of the AIA reforms in 2012. Just like the Old World (🇪🇺) the 🇺🇸 knows a 9️⃣ month period after the issuing of a patent. WITHIN these 9️⃣ months a third party can initiate a „Post Grant Review“ which is basically the same like opposition proceedings according to Art. 99 EPC. Regarding a third party’s options to attack a patent AFTER the 9️⃣ months period there’s a big structural difference: Since the States are a union through and through, there’s no state by state approach. This would be #redonkulous 🐴 A third party can still initiate proceedings at the @uspto , so called „Inter Partes Review“. Not even comparable to nullity proceedings. 🤷🏼‍♀️ Also bear in mind nullity proceedings before US Federal Courts. #notnow

#happyweekend💕#attitudeofgratitude

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NO, IT’S JUST ME HAVING A GOOD TIME 😁

🔹WHAT IS THE 🇪🇺 UNITARY PATENT?
The unitary patent is supposed to be a #gamechanger for the time after a EP 🔴⚪️ has been granted. The patent proprieter will be able to request unitary effect which will lead to uniform patent protection in up to 25 EU member states. 🔝

🔹WHAT IS THE BIG DEAL WITH THAT?
According the the @europeanpatentoffice , this will reduce complexity AND lower costs. Today, a granted EP must be validated and maintained individually in each contracting state. This is more or less a hustle and burden for the proprieter. 🥵⏱💶 In the future, the EPO shall act as a #onestopshop , allowing for a simple registration of a Unitary Patent with a single ☝🏻 request. There are many other benefits too, btw. 🤓

🔹WHEN WILL IT BE AVAILABLE?
The EPO claims that the new system is currently expected for the beginning of 2022. I am not sure if I would bet on it though since the 🇪🇺 member states have strong #issues compromising on certain #🔑points.

WHAT’S THE PROBLEM?
The Unitary Patent is supposed to be part of the European unification process, so it’s rather political. Don’t confuse it with the EPC that is an economic agreement. 🤝 Within the Union, a lot of „national/political vanities“ slowing down processes. Especially the planned unified patent court is causing national judicial powers anxiety. For example in 🇩🇪, the highest constitutional court stopped the national ratification process this March. (If you want to know “the why’s” of this decision, let me know. It is a bit too complex to explain in this post 😅).

🔹COMMENTS/QUESTIONS/CONCERNS? Talk to me ‼️ 😁

#eulaw #patentlaw #ep #europeanpatentoffice #europeanpatent #iplaw #intellectualproperty #intellectualpropertyattorney #lawyers #paralegal #bossbusiness #doyourthing #innovation #inventions #femaleentrepreneur #power #creative #attitudeofgratitude #school #🇪🇺❤️

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PROVISIONAL PROTECTION 💪🏻

🔹Just like in 🇪🇺, 🇺🇸 patent law provides provisional protection for the invention described in a pending application. ☑️ This provisional protection starts on the date on which the application is published. Specifically the provisional protection is the right to demand a „reasonable royalty“ 👑 from anyone who makes, uses, offers for sale, sells or imports the invention.

🔹The applicant has the burden of proof including providing actual notice of the published patent application to the infringers and a substantially similarity to the published application.

🔹 Keep in mind that it is not possible to seek an injunction against infringers prior to the grant of the patent, hence provisional protection. 💁🏼‍♀️

#patentlaw #protectyourstuff #protect #iplaw #intellectualproperty #intellectualpropertylaw #law #design #trademarks #allthings #ip #paralegal #lawyer #school #inventions #inventor #innovators #business #startup #bossbusiness #humpday🐪 #internationallaw #lawyerlife⚖ #creative #investinyourself #attitudeofgratitude

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(pun intended 🤓)
LET’S TALK ABOUT APPEALS ❗️
...
😠What’s an appeal? If you are not so happy with a decision your office made, you might appeal it. Just like in real life. Unlike in real life (I think) an appeal shall have suspensive effect
🛑 ✋🏻 on the decision.
...
😠Who’s dealing with my appeal?
An internal, somewhat independent body within the patent office. It’s consisting out of exceptionally well qualified technical and legal experts. 🛠🔬⚖️ #iwanttotalktothemanager

😠 Are there differences between the EPC 🔴⚪️ and the US 🔵⚪️?
Positive. Here are the ✌🏻 differences that caught my attention right away. 😳

Look at the official decisions that can be subject to appeal:
🇪🇺: Decisions of the Receiving Section, Examining Divisions, Opposition Divisions and Legal Divisions [broader]
🇺🇸: Repeated rejections of applications by the examiner [narrower]

Also note the internal System
🇪🇺: The EPO has an appeal board and kinda like a „higher instance“ an „Enlarged Board of Appeals“. [multi approach]
🇺🇸: The USPTO has it’s Patent Trial and Appeal Board (PTAB) and that’s it for appeals [single approach]

😠 So I think just from looking at these ✌🏻 already you can tell that for a 🇪🇺 applicant it’s very important to know that significant differences do exists when dark clouds are gathering. And vice versa of course. 🔄

😠Also don’t give me that angry look please, it makes you look bitter and you surely don’t want that, do you?! Aha, I thought so.

#happyweekend #itssaturday #livealittle #patentlaw #pats #uspatent #epo #ep #patents #lawyer #paralegal #lawschool #keeponlearning #appeal #notsoappealing #inventions #innovators #uslaw #euopeanlaw #procedure #saturdayvibes #smile😊 #attitudeofgratitude #❤️ #postiveenergy #key

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Sunny fall day in Annapolis

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