the SideBar Newsletter of the Martin County Bar Association January 2006 What’s Inside . . . . Message from the MCBA President . . . . . 2 Harmonization of Patent Laws . . . . . . . . 4 Committee List . . . . . . . . . . . . . . . . . . . . . . 7 Calendar of Events . . . . . . . . . . . . Back Page Richard Levenstein Editorial Assistance Michelle Andrade Mailing List Heather Caliguire Advertising Sales Design & Layout Published monthly by the Martin County Bar Association as a service to its membership. Any article appearing herein may be reproduced provided credit is given both to the SideBar and the author of the article. Views and conclusions expressed in articles and advertisement herein are those of the authors or advertisers and not necessarily those of the officers, directors, or staff of the Martin County Bar Association. Further, the Martin County Bar Association, its officers, directors and staff do not endorse any product or service advertised. All advertising is subject to approval. If you have an article, opinion, news, or other information for publication in the SideBar; please contact Heather Caliguire at (561) 248-1186; or email the information to her at [email protected]. The due date for all advertisements, articles and announcements is the 20th of the month preceding publication. The Martin County Bar Association P.O. Box 2197 Stuart, FL 34995-2197 Voice Mail Line: (772) 220-8018 . .
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the�Side�Bar�Newsletter of the Martin County Bar Association January 2006�
Published monthly by the Martin County Bar Association as a service to its membership.�Any article appearing herein may be reproduced provided credit is given both to the SideBar and the author�of the article.�Views and conclusions expressed in articles and advertisement herein are those of the authors or advertisers�and not necessarily those of the officers, directors, or staff of the Martin County Bar Association. Further,�the Martin County Bar Association, its officers, directors and staff do not endorse any product or service�advertised. All advertising is subject to approval.�If you have an article, opinion, news, or other information for publication in the SideBar; please contact�Heather Caliguire at (561) 248-1186; or email the information to her at [email protected]. The�due date for all advertisements, articles and announcements is the 20th of the month preceding publication.�
The Martin County Bar Association�P.O. Box 2197�
Stuart, FL 34995-2197�Voice Mail Line: (772) 220-8018�
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Message from the MCBA President�By Richard Levenstein�
Hello Everybody,�
First, I want to take this opportunity to wish you Merry Christmas, Happy New Year, Happy Hanukah,�Happy Kwanza and Best Wishes for the Holiday Season and the New Year, no matter what holiday you�celebrate. It is hard to believe that when you read this column it will be the year 2006, and more than�half of my year as President of the Martin County Bar Association will be over.�
We have an exciting six months coming up, with an excellent schedule of speakers beginning with Chief�Justice Barbara Pariente at the January lunch meeting, on Friday, January 20, 2006, and retired Chief�Justice Major Harding and Alan Bookman scheduled later in the year, as well as addresses from our new�Circuit Judges and a Bench-Bar Conference which will occur during the March 2006 meeting. You also�will be receiving, if you have not already, a nomination form to nominate an individual attorney who is�a member of the Martin County Bar Association, for the Martin County Bar Association’s Professionalism�Committee Professionalism Award, which has been reinstated this year by that Committee, for which I�thank them. This award is particularly important at this point in time, since professionalism is a timeless�issue and topic, and certainly something that each and every one of us should strive to achieve. A copy�Of the nomination form for this award is included in this months SideBar.�
The Martin County Bar Association’s grant application with respect to our Independence of the Judiciary�Education Program has been approved by the Florida Bar Foundation, and we are in the process of�producing the videotape that will be funded by that grant. This project is being coordinated with the�Florida Bar, with the ultimate goal of instituting the program on a statewide basis, and I will have more�specifics to report with regard to our progress in my next column.�
I also wanted to thank all the Committee Chairmen who have reactivated their committees and�scheduled meetings and other activities for their members. The Committees are the foundation of the�Association, and afford our membership direct participation in the Association at any level at which they�choose to participate. As president, I appreciate and encourage the involvement of as much of our�membership as possible in the Association, which not only preserves the vitality of our Association, but�keeps it growing and expanding its activities and offerings as well.�
With my best wishes for a healthy and happy New Year to you and all your families, I remain�
Sincerely yours,�
Richard H. Levenstein�
The Side Bar • Newsletter of the Martin County Bar Association January 2006 Page 2�
The Side Bar • Newsletter of the Martin County Bar Association January 2006 Page 3�
Currently before Congress is patent law reform legislation that will make significant revisions to�the United States Patent Act of 1952. Among the many revisions to the Act is a proposed revision to�harmonize the United States’ patents laws with international laws by changing the United States patent�system from a first-to-invent to a first-to-file system. Unlike its foreign neighbors, the United States cur-�rently utilizes a first-to-invent system. Under a first-to-invent system if an inventor can prove that he was�the first to invent an invention, the first inventor can invalidate the later inventor’s patent even though�the later inventor filed for a patent first.�
The proposed revision would change the current United States’ system to a first-to-file system,�which will harmonize the United States patent laws with the international community. Under a first-to-�file system, the first inventor to win the race to the patent office will receive the patent and no other in-�ventor can defeat the rights of the inventor who filed first by showing that he or she actually invented�the invention first.�
So what does this mean for inventors?�
The good news is the revision will help eliminate the uncertainty of unknown inventors. Inventors�may feel more confident that if they did not find any other publicly known inventions that would be�preclude their patent applications, unknown inventors will be stopped from attempting to claim they�invented first and therefore are the rightful patent owners even if they can prove they were technically�the first to invent.�
On the other hand, the revision will put more pressure on inventors to constructively reduce their�inventions to practice and get a patent application on file with the United States patent office as quickly�as possible. Any delay may cost inventors the right to practice their inventions even if they can prove�they actually invented first. Patents grant inventors the right to� others from practicing their�inventions. Thus, an inventor who files first can exclude another inventor who invented first from�practicing his invention, which means all the time and expense put into research and development of�an invention by the first inventor may have to be shelved if he does not make it to the patent office first.�Although it is never a good idea to delay in filing a patent application, under the current system the�delay may be remedied. Under the proposed system, a delay will be fatal. Inventors should be advised�and prepared to file as quickly as possible if this system is adopted or risk losing the right to practice�their invention to someone who filed first.�
The Intellect Law Group practices exclusively in the fields of patent, trademark, trade dress, copyright and related�
litigation. We may be reached for questions or comments at 772-283-8224 or [email protected].�
Social Committee�Linda W�eisknar�–� Chair� 287�-�2600�Judge�R�oby�–� Co�-�Chair� 463�-�3281�Sandra Sundheim�-�Strausbau�287�-�0660�Jean Law Scott� 283�-�8260�Christ ine Moreno� 288�-�1020�
