January 25, 2011
In 2000, the Board of Patent Appeals and Interferences dismissed a preliminary motion because of procedural defects. According to the BPAI, “sloppy motions are being filed in far too many interferences,” and can cause unnecessary expense, waste of the board’s resources, and prejudice. See LeVeen v. Edwards, 2000 WL 1862543 (and its citing references). Requests for sample IP administrative filings have been very common over the last several years -second overall in my estimation to requests for the OG.
Last week, Westlaw introduced four new filings databases:
U.S. International Trade Commission: USITC-FILINGS
Trademark Trial and Appeal Board: TTAB-FILINGS
Board of Patent Appeals and Interferences: BPAI-FILINGS
Combined ITC, TTAB, BPAI filings: IPADMIN-FILINGS
Search: The motion at issue in LeVeen was a preliminary motion for entry of judgment based on either the claims are unpatentable or anticipated. The following search in BPAI-FILINGS yields 21 similar motions:
Access from Administrative Decisions: Many TTAB, BPAI, or ITC decisions link to the administrative filings filed in the matter. Look for the link to “Petitions, Motions, and Filings” on the Links For tab on the left; or in the main document look for a link to “Briefs and Other Related Documents” in the upper left hand corner:
Access from the ‘KeyRules’: In my experience, one of the most valuable but least used resources are the Wetlaw outlines of applicable rules of practice (BPAI-RULES, ITC-RULES, TTAB-RULES, and related KeyRules databases). Suppose I am looking for the who, what, where, etc. for a Motion to Amend or Add a Claim in a proceeding before the B.P.A.I. Access the BPAI Rules database (BPAI-RULES). Here I locate a document that provides me breakdown of everything I need to know about filing a Motion to Amend or Add a Claim. See BPAI IPF 205. In addition to the relevant outline, I also have a link to “Related Filings” providing me with a link to “Motions to Amend or Add a Claim filed with Bd.Pat.App. & Interf”:
As you can see from this screen shot, Westlaw displays the “10 most recent Motions to Amend or Add a Claim filed with Bd.Pat.App. & Interf.” In addition, I have a hyperlink that takes me to more documents of this type.