10 Things Software Patent Applicants Need To Know About The USPTOs Glossary Initiative
In an effort to combat criticisms about poor quality and ambiguity in software and business method patents, the USPTO has announced a new "Glossary Pilot Program" that encourages applicants to provide a glossary of clear definitions for important claim terms.
Patent applicants who include such a glossary can benefit from expedited processing up to the first Office Action. In addition, the USPTO is hopeful that the clarity resulting from the use of a glossary will improve examination and patent quality, resulting in more certainty for patent applicants and those who are accused of infringing the patents.
Here are the key features of the new Glossary Initiative that patent applicants need to know:
Only new applications filed on or after June 4, 2014 are eligible. The Glossary Pilot Program is only available to original, non-provisional applications. Continuation, divisional, reissue and national stage applications are not eligible. However, continuations-in-part and utility applications that claim priority to a provisional application may be eligible for the program. The request to participate in the Program must accompany the original filing. Only certain technologies are eligible. The Program is only open to applications that the USPTO assigns to its Technology Center 2100 (Computer Architecture, Software, Information Security), 2400 (Computer Networks, Multiples Communication), 2600 (Communications), or the Business Methods area of Technology Center 3600. Although an applicant may suggest a particular classification, Technology Center assignment is ultimately a decision of the USPTO. So, an applicant won't know whether it will satisfy this requirement until after it files the application. Act fast - supplies are limited.The Pilot is only available to the first 200 applicants, or until December 31, 2014, whichever occurs first. Limit your claims. The application may contain no more than 4 independent claims, no more than 30 total claims, and no multiple dependent claims. Formatting requirements apply.The glossary must be at the beginning of the Detailed Description section of the specification, identified with a heading, and presented on filing the application. The glossary can't be a separate filing, an appendix, or added after the filing date. The definitions...
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