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Enron Mail |
About Members Events Ne= ws Contact Jobs = Issue 1 | October 1, 2001 APLF.org = Hyperlinks In Patent Applications = Beware: The PTO rules of practice now restrict= the use of hyperlinks in patent applications. According to M.P.E.P. Sectio= n 608.01, Examiners must now review applications to make sure that hyperlin= ks and other forms of browser-executable code are not included in the text = of the application, unless the hyperlink or browser-executable code is part= of the applicant's invention and therefore must be included in the applica= tion in order to comply with 35 U.S.C. Section 112 (and as long as the appl= icant does notintend to have the link be active). The end result is that Ex= aminers will (or at least should) now require any such unnecessary hyperlin= ks or browser-executable code to be deleted from patent applications. Furth= er, and perhaps more importantly, M.P.E.P. Section 608.01(p) now prohibits = incorporation of subject matter by reference to a hyperlink or browser-exec= utable code. The PTO's rationale for this rule of practice is that they don= 't want patents or applicat! ions on their web site including links to comm= ercial sites that they don't control. (As for links that are part of the ap= plicant's invention, the PTO will disable the links before posting the text= on their web site.). One way to work within this new rule of practice ma= y be to rephrase any such link or code in a way that a computer won't detec= t as a hyperlink or browser-executable code, but that a reader will underst= and sufficiently to be able to refer to the referenced site. For instance, = in a hyperlink that is normally phrased as http:// followed by a URL addres= s, consider inserting a space between the "http:" and the "//". Only time a= nd further experience will tell if this workaround will work. To discuss = the topic above further, please contact the author Larry Aaronson of McDon= nell Boehnen Hulbert & Berghoff (Chicago) at aaronson@mbhb.com. http://ww= w.mbhb.com The information contained in this e-mail is provided for infor= mational purposes only and does not represent legal advice. Neither the APL= F nor the author intends to create an attorney client relationship by provi= ding this information to you through this message. About= Members Events News Contact Jobs =09 To Unsubscribe from this newsletter, please respond to this email with UNSUBSCRIBE in the subject line.
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