Bytes from AIPLA 11/10/2003November 13, 2003

The following are abbreviated notes from Nov. 10, 2003, American Intellectual Property Law Association Reports newsletter. For the full version, log on to http://www.aipla.org. Electronic Trademark Filings Under Madrid Are SuspendedThe United States Patent and Trademark Office has postponed the cut-off date to transition to an entirely electronic filings under the Madrid Protocol. Due to some technical difficulties with the Trademark Electronic Application System (TEAS), paper filings will be accepted until January 2, 2004. 68 Fed. Reg. 60850. TEAS forms will become available on the PTO web site. 68 Fed. Reg. 63019.To read the October 24, 2003, notice, click here: http://www.aipla.org/html/reports/2003/MadridTEAS1.pdfFTC Report Urges Preponderance of Evidence to Test Patent ValidityAfter months of public hearings with the Justice Department, the Federal Trade Commission on October 30, 2003, issued its report on the proper balance of competition and patent law. Among other things, the report concludes that a preponderance of the evidence, rather than clear and convincing evidence, should be the standard for finding a patent invalid.FTC Chairman Timothy Muris, in an October 30, 2003 luncheon speech at the AIPLA Annual Meeting in Washington, D.C., discussed the report and reviewed several other report recommendations, which include the following:Create a post-grant review and opposition procedure;Tighten the