Practicing under the new patent interference rules and new Rule 131

Article Abstract:

The patent interference rules amendments, effective April 21, 1995, are geared to speed up the claims procedures. The amendments include provisions preventing ex parte rejections by the Patent Office, imposing money sanctions and sanctions for failure to provide foreign discovery, modifying guidelines on orders to show cause and related preliminary motions, limiting opening testimony to affidavits, and clarifying standards for amendments to preliminary statements. Rule 131 permits proof of inventive activities in member countries of NAFTA or the World Trade Organization.

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The taking of voluntary testimonial depositions in Japan for use in U.S. patent interferences

Article Abstract:

US attorneys may prefer to take voluntary testimonial depositions in Japan for US patent interference actions, despite a perception that depositions must be handled in the US Embassy. In fact, Consular Convention deposition permission is not required in Patent Office interference proceedings. This type of testimonial evidence is legal under Japanese law and admissible in US courts. Practical considerations should be addressed regarding witness credibility and the costs of bringing English-speaking court reporters or opposing attorneys to Japan.

Japan, International aspects, Depositions

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Proposed changes to the interference rules

Article Abstract:

The proposed changes to the patent interference rules are described. These rules cover areas such as notice of intent to argue suppression and concealment, discovery, and matters related to interference litigation. A rule on putting on priority evidence, based on FRCP 50(a)(1), should be adopted as a way of saving costs for both senior and junior parties. An open dialogue between practitioners and the Patent and Trademark Office is essential to making needed changes in these rules.

Other Justice, Public Order, and Safety Activities, Patent Law, Patents

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