Cohen Pontani Lieberman & Pavane LLP Partner Thomas Langer updated attendees at the recent Association française des Spécialistes en Propriété industriels de l’industrie (ASPI) conference in Paris on the impact of new regulations by the United States Patent and Trade Office scheduled to take effect November 1, 2007.
“While the ‘Final Rule’ (Changes to Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent Applications) does not amend the patent statute itself,” Langer says, “we anticipate that it will profoundly affect the strategy, timing and cost of obtaining a patent. Ultimately, it may even affect the scope of patent protection obtained for inventions.”
According to Langer, “These changes make it critical to discuss such significant pitfalls as timing constraints, increased costs, unfavorable litigation scenarios and diminished scope of patent protection ultimately available for inventions. It’s also imperative to identify various tactical approaches when prosecuting patent applications under the Final Rule. For this reason,” he adds, “we provide clients with a list of recommendations for patent applications in view of the Final Rule and even have posted this information on our website.”
Thomas Langer has practiced intellectual property law since 1969, when he joined the U.S. Patent and Trademark Office as a patent examiner, a position he held for five years. Since then, he has successfully represented American, European and Japanese clients at the USPTO in connection with numerous patent applications, including preparation, filing, prosecution, appeals, reissues, reexaminations and interferences. Mr. Langer has handled patent matters before various tribunals, including the U.S. Court of Appeals for the Federal Circuit, and in diverse technical fields, including mechanical, electromechanical, electrical, electronics, semiconductors, and computer hardware and software. A substantial portion of his practice is devoted to procuring worldwide portfolios of patents and trademarks, providing legal opinions, client counseling, and licensing.
Cohen Pontani Lieberman & Pavane LLP is an intellectual property firm serving a worldwide roster of companies from a diverse range of industries including avionics, pharmaceuticals, electronics, heavy machinery, biotechnology and telecommunications. The firm is unique in its focus on intellectual property litigation that infuses every aspect of its IP work in prosecution of patents, trademarks, and copyrights; in drafting opinions and licenses and in due diligence and transaction work. It is CPLP’s philosophy that no legal activity is so routine that it does not have the potential to become the weak link in IP protection, resulting in legal exposure or porous rights. Hence, the firm views all IP matters as potential litigations to be won or avoided and is positioned to provide world-class litigation services, as well as other highly skilled IP services to achieve wraparound IP protection at the highest level.
Cohen Pontani Lieberman & Pavane LLP is located at 551 Fifth Avenue, New York, NY 10176, USA; 212-687-2770.