Posts Tagged ‘wyeth’

By: Mark R. Malek

You guessed it – Charlie Sheen.  The patent indicates the inventor as Carlos Irwin Estevez, which is good ol’ Charlie’s real name.  You can read about the very complicated and sophisticated invention that is disclosed in the patent here.

Patents are for Winners

The patent is directed to a “Chapstick Dispensing Apparatus.”  In my short read, it appears that this invention is directed to a device that holds a lip balm container.  Here’s the part that made me chuckle – using another company’s trademark in the title of the patent.  Chapstick is a registered trademark of Wyeth Corporation, the makers of the famous lip balm that is, apparently, an absolute necessity when living in cold dry climates…like anywhere north of here in Florida!  In my search, it appears as though Chapstick has about 19 registered trademarks and 11 others that are either in the application phase, or that have been abandoned.

Wyeth probably will not make a stink with the company that Charlie’s invention is assigned to – Masheen, Inc.  Before you ask, yes, I did a trademark search for Masheen, Inc. and there was, indeed, a trademark application filed for the name, but it is no abandoned.  Since his trademark application has gone abandoned, all of our readers should still feel free to use the word washing “machines” to describe those devices in their homes that are used to clean their clothes.

This just shows you that it takes Tiger Blood and Adonis DNA to be an inventor sometimes.

by Daniel Davidson

These days it’s all about that little extra.  Why should it be any different when it comes to the United States Patent and Trademark Office?  It was recently decided in Wyeth v. Kappos, No. 2009-1120 (Fed. Cir. Jan. 7, 2010) that the USPTO’s calculation of the Patent Term Adjustments (PTA) took that little extra away from patentees.  The PTA is the amount of additional time allotted to a patent when certain deadlines are not met during the examination process.

The deadlines are laid out in two different subsections within Title 35 of the United State Code:  § 154(b)(1)(A) and § 154(b)(1)(B).  The deadlines included in §154 (b)(1)(A) include an issuance of an Office Action within 14 months of the date the patent application was filed, 4 months to respond to a reply, 4 months to act on an application after a decision by the Board of Patent Appeals and Interferences, and 4 months to issue a patent from the date the issue fee was paid.  Anything longer than that is an “A Delay.”  Pursuant to §154 (b)(1)(B), the USPTO must issue a patent within 3 years of the application of the patent (provided, of course, that the subject matter meets the other requirements for patentability).  Anything longer than that is a “B Delay,” according to the Wyeth Opinion.  Should any of these provisions occur, the patentee is entitled to an extension to the term of their patent until the provision is satisfied.

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SUNDAY, FEBRUARY 05, 2012

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