Monthly Archives

November 2013

USPTO Publishes Regulations to Sync with PLT

By Blog, copyright, Intellectual Property

The United States Patent and Trademark Office (USPTO) recently published its Final rules to adjust its protocols and policies in light of the Patent Law Treaties Implementation Act of 2012 (PLTIA).   The rule goes into effect December 18, 2013.

PLTIA amends the patent laws to implement the provisions of the Hague  Agreement Concerning International Registration of Industrial Designs  (Hague Agreement) in title I, and the Patent Law Treaty (PLT) in title  II. The PLT harmonizes and streamlines formal procedures pertaining to  the filing and processing of patent applications.

This final rule revises the rules of practice for consistency with the changes in the PLT and title II of the PLTIA. The United States Patent and Trademark  Office (Office) is implementing the Hague Agreement and title I of the  PLTIA in a separate rulemaking.

The notable changes in the PLT and  title II of the PLTIA pertain to: The filing date requirements for a  patent application; the restoration of patent rights via the revival of  abandoned applications and acceptance of delayed maintenance fee  payments; and the restoration of the right of priority to a foreign  application or the benefit of a provisional application in a subsequent  application filed within two months of the expiration of the twelve- month period (six-month period for design applications) for filing such  a subsequent application.

This final rule also revises the patent term  adjustment provisions to provide for a reduction of any patent term  adjustment if an application is not in condition for examination within  eight months of its filing date or date of commencement of national  stage in an international application, and contains miscellaneous  changes pertaining to the supplemental examination, inventor’s oath or  declaration, and first inventor to file provisions of the Leahy-Smith  America Invents Act (AIA).



New for 2013 Holidays: “Holly the HAZMAT Doll” ??

By Blog

U.S. Customs and Border Protection (CBP) officers and Consumer Product Safety Commission (CPSC) investigators recently seized more than 200,000 toy dolls arriving from China due to high levels of phthalates, a group of banned chemical compounds. Officials seized a total of 10 shipments valued at nearly $500,000 at the ports of Chicago, Dallas, Los Angeles, Norfolk, Va., Memphis, Tenn., Newark, N.J., Portland, Ore., and Savannah, Ga.

The Commercial Targeting and Analysis Center targeted the shipments beginning in April because of the potential that the products presented a safety threat to the American public, particularly children, and contained items prohibited in the U.S. Although dispersed across the county, officials flagged the shipments as high risk after CTAC identified key commonalities in the hazardous products.

“Using advanced technology to track certain shipments before they reach our shores is helping CPSC better protect America’s consumers,” said CPSC Chairman Inez Tenenbaum. “CPSC and CBP are working in partnership to detect and detain violative imports. Through the use of a risk management system, we are targeting those shipments most likely to contain dangerous goods, while also allowing for faster processing of compliant products. Expanding our port surveillance program is key to preventing injuries and achieving our long-term vision.”

Since April 2010, CPSC has maintained permanent staffing at CTAC in Washington, D.C. In addition, CPSC compliance investigators are assigned to several major ports across the country and work side-by-side with CBP officers to examine shipments of potentially unsafe imported consumer products to help prevent them from reaching the hands of America’s consumers. In Fiscal Year 2012, CTAC targeting efforts resulted in the seizure of more than 1.1 million unsafe products.

In the last six months, CBP officers seized more than 200,000 toy dolls at eight ports of entry due to the presence of phthalates, a hazardous substance banned by the United States.




Announcing Chester & Jeter LLP

By Blog

Jeter photo

Dallas Business & Innovation Law Firm Joins Forces with Litigation Boutique to Form Chester & Jeter LLP.

The Dallas-based business & innovation law firm CHESTER pllc recently joined forces with litigation boutique Jeter PLLC to form Chester & Jeter LLP.  This new firm offers a broad range of business legal services to businesses and individuals, including business entity formation and governance, domestic and international transactions, ecommerce, technology transactions, intellectual property registration and enforcement, employment law, and business litigation.  Similarly, Chester & Jeter offers guidance and representation to individuals regarding employment issues, non-competition agreements, payday act violations, and wage and hour disputes.

“Our firm seeks to provide an alternative to larger firms by providing responsive, quality legal services for the core legal issues faced by technology and innovation-based clients at a reasonable cost,” notes Jim Chester, the firm’s managing partner.

The formation of this new firm marks a significant step toward achieving Chester’s dream of creating a boutique law firm that meets the comprehensive, mission-critical legal needs of a select type of client: start-ups, entrepreneurs, and small to mid-sized intellectual property-based companies.

“We seek to be the first phone call our clients make when they have legal questions or concerns,” adds partner Justin Jeter. “Although we will continue to need and use our extensive network of attorneys and other professional service providers, combining our resources and expertise allows us to deliver value across a broader range of services to our clients.”



About Chester & Jeter LLP

Chester & Jeter LLP is a Dallas, Texas law firm providing comprehensive legal services to innovation-based companies doing business in the US, around the world, and on the web.  Its mission (and passion) is helping entrepreneurs and emerging companies solve problems and protect their interests. Chester & Jeter LLP delivers value by providing business-savvy, cost-effective solutions to legal challenges.  The firm offers a wide array of business legal solutions, such as business entity formation (LLCs, corporations, etc.), trademarks and other intellectual property, technology transactions, contracts, ecommerce, employment law and dispute resolution.  Additional information about the firm and its attorneys may be found at