I am currently on my first
international trip, leading an AIPLA delegation to Cuba, after
which I will be going directly to Uruguay for a meeting of the
South American IP association ( ASIPI).
Since I don't know very much
about the 20th Century history of Cuba, I recently
read the book "
Havana Nocturne" by T.J. English. The book was recommended
to me by Past President Bill Rooklidge – although I
originally wrote down the name incorrectly and could not find
it until a helpful book store employee directed me to the true
The book deals with the history
of the mob’s involvement in developing the
tourism/casino industry in Havana during the 1940s and 50s.
I’m told that you can still see remnants of the
work by Lucky Luciano and Meyer Lansky in the various hotels
around Havana, so I’m curious to find out how the
book compares to what we see during our visit.
After Cuba, I will travel to
Punta del Este, Uruguay (via Miami) for the ASIPI conference.
Punta del Este is a walled city and it is supposed to be one of
the most gorgeous places on earth.
My ASIPI hosts have asked me to
participate in a panel discussion on the restorations of Paris
Convention Priority Rights under the Patent Cooperation
Although the U.S. signed the Patent Law
Treaty on procedural patent harmonization in 2000, this
issue is ripe and before Congress because the Implementation
Act is just now (finally) moving through Congress as part of
The Patent Law Treaties Implementation Act of 2012.
I do have to admit that
prosecution is not my primary focus at Patterson Belknap these
days, so I’m a little rusty on Patent Cooperation
Treaty. I therefore reached out to the leadership of the
AIPLA’s PCT Committee, and with the help of
Jay Erstling and Brooke Schumm, AIPLA Deputy Executive Director
for International and Regulatory Affairs, Al Tramposch, and
Board member Carl Oppedahl, I got back up to speed quickly.
"Although the U.S.
signed the PLT in 2000, the Implementation Act is just
now (finally) moving through Congress"
If an applicant misses the
one-year deadline, under the Paris Convention to get the
benefit of an earlier filing date (and therefore avoid some
invalidating prior art), each contracting country can restore
But the country can have its own
standards. The U.S. standard recognizes an inadvertent
failure to perfect Paris Convention rights, and does not
require a showing that the applicant exercised "due care," one
of the two possible standards set out in the 2000 Patent Law
Some offices, such as the
European Patent Office, require the due care standard but will
not restore rights when it is merely inadvertent. Stay tuned
and I will let you know how it goes.
Thanks for reading.