Patent office considers own reform - C&EN Global Enterprise (ACS

Aug 30, 1976 - He did not act sooner, Dann says, because he believes that the patent office "should not be muddying the waters by proceeding to write ...
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The new index is designed to convert the maximum measured daily air pollution level in a city to a simple number on a scale of 0 to 500. Intervals on the scale are related to the potential health effects of the daily measured levels of carbon monoxide, oxidants (or ozone), particulates, sulfur dioxide, and nitrogen dioxide. Varying concentrations of the pollutants fall into five categories. Each of the categories has a descriptive term for progressively worsening air pollution levels (from "good" to "hazardous"). And each has a statement of general health effects associated with it, as well as a cautionary statement for informing the public on the best way to respond. This approach taken by the Pollution Standards Index (PSI) thus allows the level of any air pollutant to be reported by one rating system, EPA explains. For example, the

Patent office considers Patent reform legislation has almost no chance of being enacted in the 94th Congress. Thus it probably will be two to three years, at the earliest, before Congressionally mandated changes to present patent law could go into effect. "Under these circumstances," says Patent & Trademark Office commissioner C. Marshall Dann, "it seems appropriate for us to take a hard look at the patent revision bills and see how many of their desirable provisions can be implemented through rule changes." Dann notes that as patent commissioner he has "quite a bit of leeway in establishing or modifying" patent office practices. He did not act sooner, Dann says, because he believes that the patent office "should not be muddying the waters by proceeding to write new rules" while the patent legislation is still under active consideration by Congress. Perhaps the most controversial change under consideration is requiring filing of a patentability brief along with each patent application. Such a brief would detail all patents, publications, prior art, or other information relating to the invention that the applicant considered in preparing the application. The brief also would contain the applicant's explanation of why the invention is patentable over the information cited. Another proposed change would require the updating of this brief by the applicant during prosecution of the application when new art or other information made this appropriate. Also under consideration by the office is authorizing patent owners to apply for reissue patents without 8

C&EN Aug. 30, 1976

highest "hazardous" concentration for sulfur dioxide is 2620 micrograms per eu m; the equivalent concentration of ozone would be 1200 micrograms per eu m. However, the PSI figure for both is 500, since they are regarded as being equally dangerous to health at those respective levels. Adoption of the new index by metropolitan and state agencies will be voluntary. Index details will be issued formally next month in the final report of the Federal Task Force on Air Quality Indicators. The task force, convened a year ago by the Council on Environmental Quality, included EPA, the Department of Commerce's Office of Environmental Affairs, the National Oceanic & Atmospheric Administration, and the National Bureau of Standards. EPA also plans to publish a formal guidance document for the index in the Federal Register. D

reform

Dann: Hard look at patent revision

changing their existing patents. This would permit an owner to obtain a ruling on the pertinence of prior art that was overlooked or unavailable when the patent was issued, without having to swear that the patent is partly or wholly inoperative or invalid. Dann emphasizes that no final decision has been made on any of the proposed changes and says that the patent office welcomes outside opinions of the changes or suggestions for other changes. D

Pricing of aromatics becomes uncertain Pricing for basic organic chemicals, particularly aromatics, is becoming ever more uncertain. The predominant reasons relate to the outlook for gasoline sales and composition owing to a proposed reduction in use of lead alkyls. I

Currently, inventories of gasoline are about 7% more than levels of a year ago. Demand for gasoline is up about 3% from a year ago. This situation therefore would indicate that those materials, such as aromatics, used in gasoline as high-octane components should be more available to chemical manufacturers. Offsetting the rise of gasoline inventories at a time near the end of the heavy driving season is the first step of the phasedown in use of lead alkyÊs in gasoline. On Oct. 1, according to a current program of the Environmental Protection Agency, lead in gasoline will be limited to 1.4 grams per gal. During the June to August 1976 period, average lead content of gasoline was calculated to be 1.76 grams per gal by Bonner & Moore Associates Inc., a Houston-based consulting firm. Two more steps are in EPA's lead phasedown program. The levels are scheduled to drop to 1.0 gram per gal Jan. 1,1977, and to 0.8 gram per gal Jan. 1,1978. To make up for the loss of lead alkyls used to increase octane values of gasoline, most petroleum refiners will turn to aromatics. The competition for aromatics used in chemicals then will increase accompanied by the obvious potential increase in prices. In spite of some less than robust markets for aromatic derivatives, most chemical company officials expect they have no alternative but to pass on any price increases, which couli reduce demand. The size of the impact on aromatics prices has been partly assessed in a study delivered to EPA from Pace Co. of Houston. This consultant firm finds that the net result of a phasedown to 1.0 gram of lead per gal next year could be 6 to 10 cents a gal minimum price increase for the aromatics. Aromatics considered in Pace's estimate are a mixture of benzene, toluene, and xylenes (including ethylbenzene) extracted from the product of catalytically reforming certain hydrocarbons. The reason for the relatively severe potential impact on prices of aromatics going to chemicals is that the volume of these aromatics is small relative to the total volume used in gasolines. Aromatics also are coproduced by steam cracking to make olefins. However, these quantities are much smaller than those produced in refineries. Although some chemical companies operate steam crackers, most such units are run by chemical subsidiaries of oil companies. Any relief by chemical company production from demand pressures for aromatics caused by the lead phasedown will be small. D