Monday, August 19, 2013 4:40:59 PM
The short answer, is that it corrects a problem with the cover page on the continuation patents. WDDD patents are all based upon a provisional application that was filed within one year before the first patent was filed. The provisional application is like a notification to the USPTO that you have something to patent. If you file a patent application within one year of the provisional applcation, then you can use the provisional application as the effective date of the patent when it issues.
The problem is that if you file a provisional application and then do not file the patent within a year, it all expires and nothing can be patented.
ATVI's lawyer thought they had WDDD because the continuation patents did not specifically reference the provisional application within the continuation patents. The problem is that under the older USPTO rules, this was done in the cover pages. I think the ATVI lawyer was not aware of this because he has not been practicing as long as the lawyers for WDDD.
People are reacting the the USPTO correction because apparently, they were not really aware or knew that this correction had been asked for or was expected.
Louis J. Desy Jr.
LouisDesyjr@gmail.com
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