Legal Question in Intellectual Property in California
For Pat Ap describing this very legal web site-how to submit art?
How is pending USPTO Patent Application number 20040044542, available online here:
http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.html&r=1&f=G&l=50&s1=%2220040044542%22.PGNR.&OS=DN/20040044542&RS=DN/20040044542
and titled: ''Method and system for sharing knowledge'', in any way novel from what this www site provides?
And if it's agreed not to be novel in any way, what is the most facile means to inform the Patent Office of this fact?
Mark.
*Note if the URL above doesn't work, try cutting and pasting id number 20040044542 into this URL:
http://appft1.uspto.gov/netahtml/PTO/srchnum.html
1 Answer from Attorneys
Re: For Pat Ap describing this very legal web site-how to submit art?
What you have identified is patent publication of a pending patent application. The application has yet to be reviewed for novelty by the Patent office. If you feel strongly about submitting �Prior Art� that would be useful to the examination of the application, the Manual of Patent Examining Procedure (MPEP) section 2000 sets forth the procedure for submitting prior art by third parties.
MPEP 2002 Disclosure - By Whom and How Made
37 CFR 1.56 Duty to disclose information material to patentability.
37 CFR 1.56 (d) Individuals other than the attorney, agent or inventor may comply with this section by disclosing information to the attorney, agent, or inventor.
Your best bet would be to send a disclosure of the Law Guru web site to the attorneys handling the case by certified mail or other means requiring a signature such as Fed Ex to ensure delivery. In the disclosure you would need to provide evidence of the first date of use of the Law Guru system along with a description of it. You might want to print out copies of relevant descriptive pages from the Law Guru web site stored at www.archive.org as they are collecting data with time stamps showing the year and month it was downloaded from the Internet. Once disclosed to the attorneys, they have a duty to submit it to the USPTO.
Regards,
Don Cox