Posts in Government

A Call to Reform Inequitable Conduct This Year

Dr. Chris Mammen focuses his practice on patent and related intellectual property litigation and appeals. Twenty years ago, in the 1988 Burlington case, the Federal Circuit expressed its displeasure with the frequent assertion of the inequitable conduct defense in patent litigation, famously calling it a “plague.” Later that year, in the en banc portion of the Kingsdown case, the Federal…

Challenging Patent Reform First-to-File Provision

I recently received an e-mail from Ron Katznelson, who is the Founder and President of Bi-Level Technologies in Encinitas, CA.  Dr. Katznelson is a named inventor in more than 25 U.S. patents and his research and development interests include optimal signal design, digital RF signal processing, digital television, signal representation & sampling theory, intellectual property management and patent law.  Over…

Senate Judiciary Committee Passes Patent Reform Bill

As I sit here listening to the Executive Meeting of the Judiciary Committee on patent reform, things are getting extremely contentious.  Senator Specter (R-PA) has said that he would rather wait and not vote this bill out of Committee until Senator Kyl (R-AZ) has an opportunity to submit his amendments relative to the post-grant review process.  Apparently Senator Kyl has…

Huge Changes to Senate Patent Reform Bill Announced

The Senate Judiciary Committee Executive Meeting on the Patent Reform bill presently working its way through the Senate just ended, at approximately 10:30 am.  Last week, on Thursday, March 26, 2009, Senator Arlen Specter announced that compromise was close, and that changes to the patent bill would be “very significant.”  It would appear as if Senator Specter was not just blowing…

Crazy Patents in an Era of Alleged Patent Quality

 Over the last several years the patent allowance rate has fallen from about 70% of applications becoming patents to a low of 42% of patent applications becoming issued patents.  During this same time the Patent Office has continued to proclaim that quality has risen, which everyone in the industry knows to be false.  The real tragedy is that the Supreme…

A Patent Proposal for Green Technology

On July 28, 1987, President Ronald Reagan set forth what became known as the “11-point superconductivity initiative” in a speech to the Federal Conference on Commercial Applications of Superconductivity.  As a part of President Reagan’s superconductivity initiative he proposed amendments to the antitrust laws to make it easier for companies to collaborate with respect to basic research, he requested changes to the Freedom…

Innovation Will Lead Recovery if Patent System Allows

I was reading the March 30, 2009, edition of Fortune magazine today and there is an article titled After the Panic, Innovation, written by Glenn Hutchins, a co-chief executive of the technology investment firm Silver Lake.  His brief article chronicles how we managed to get into this economic crisis and concludes that, as always, scientific advances and entrepreneurship will lead…

Significant Changes Coming to Senate Patent Reform Bill

The Senate Judiciary Committee did hold a meeting this morning discussing several appointments pending before the Committee and pending patent reform legislation.  The meeting was quite brief, lasting less than 30 minutes, presumably because there is an important mark-up meeting regarding the Budget.  According to Senator Leahy, the Chairman of the Senate Judiciary Committee, Senators will once again meet regarding patent reform on…

Senate Judiciary Committee Meets to Discuss Patent Reform

On Monday I wrote about how Senator Arlen Specter (R-PA) was opposed to the pending patent reform legislation and how there was going to be an Executive Meeting of the Judiciary Committee this morning at 10:00 am to discuss some pending nominations before the committee and the patent reform legislation supported by Senator Patrick Leahy (D-VT) and Senator Orin Hatch…

Patent Academy Closing, USPTO Budget Crisis Deepening?

On March 2, 2009, the Practising Law Institute kicked off the Third Annual Patent Law Institute at its New York City headquarters.  The West Coast version of this live program started today and will conclude tomorrow, live at the California offices of PLI in downtown San Francisco, CA.  Right about now the participants are probably seeing a video of Robert Clarke,…

Senator Specter Leary About Patent Reform Bill

Patent reform will once again take center stage this week when Senators on the Judiciary Committee discuss the Leahy-Hatch patent bill in an Executive Business Meeting scheduled for Thursday, March 26, 2009, at 10:00 a.m., in the Dirksen Senate Office Building, Room 226. With patent reform in the air and seemingly rushing through the Congress, it was believed that the…

Good News, Bad News on Patent Reform

According to Reuters, Senator Orrin Hatch (R-UT) says that the House and Senate are close to agreeing on language for a patent reform bill that would virtually ensure its passage. According to Hatch, patent reform will happen this year, saying that he would be shocked if patent reform was not enacted in 2009. Hatch says “[th]is is the closest we’ve…

Inventors Hall of Fame Moves to USPTO

The United States Patent and Trademark Office (USPTO) has announced the opening of the National Inventors Hall of Fame in the museum of its Alexandria, Va., campus. The Hall of Fame honors and encourages the men and women responsible for the great technological advances that make human, social and economic progress possible. The Hall of Fame opening is being celebrated…

Perspective of an Anonymous Patent Examiner

One week ago today I posted an article titled Change in Patent Office Philosophy Can Lead Recovery.  In the little more than a full week that this article has been available it has been viewed 640 times, which makes it popular for a patent article but nothing nearly as popular as, for example, Obama Wants Open Source IT Solutions for…

Green Tech Companies Protest Patent Reform Legislation

In a new, interesting and exciting twist, green technology companies are joining the debate about whether Congress should enact sweeping changes to the US patent laws and are concluding that the Patent Reform Legislation submitted in both the US House and Senate is flawed and should not be enacted.  This is a potentially monumental event in the patent reform saga…