Posts in Government

Even before President Obama announces his selection for Undersecretary of Commerce for Intellectual Property, a post known by those in the industry as the Director of the Patent Office, senior level management Officials inside the Patent Office are beginning to take real and concrete steps to address the enormous backlog of cases that was allowed to build under the stewardship…

I am writing from New York City today.  I am here for the PLI Patent Bar Review Course, which kicks off our summer run of courses.  Over the next couple months John White and I will crisscross the country from New York, Houston, Boston, Los Angeles, Chicago and Atlanta, spreading patent teachings to aspiring patent attorneys and patent agents.  Right…

Just over two weeks ago I wrote an article explaining that quality review at the USPTO was changing for the better.  Shortly after this article published I received a telephone call from the Office of Public Affairs at the USPTO.  We chatted about this article and one thing lead to another and ultimately I spoke with Acting Commissioner for Patents,…

Last week an IBM patent application covering an allegedly unique system and method for enhancing productivity.  I typically do not get interested in the bizarre, wacky, ridiculous patent applications that are published because all that is required to have a patent application published is the filing of something, no matter how ridiculous, and the payment of the filing fee.  My…

Some reports had suggested that James Pooley of Morrison Foerster was on a short list to be named the next Undersecretary of Commerce for Intellectual Property (a.k.a. Director of the PTO), but I can now confirm that Pooley will not be the next Director of the PTO.  President Obama has nominated Pooley to become the next deputy director general for…

Just about 10 days ago, on April 27, 2009, President Barack Obama gave a speech at the National Academy of Sciences.  In this speech the President pledged “3 percent of our GDP to research and development.”  With a GDP of $14,075.5 billion, that would equate to research spending of $422 billion.  As  you can imagine, this announcement was received with…

It would appear as if the swine flu virus, known in the scientific community as the H1N1 virus (so named because of the surface proteins), is not going to be as virulent as some feared it could be. According to Peter Palese, the Chairman of the Department of Microbiology at Mount Sinai School of Medicine, who wrote an article in…

Talk about turn of events.  Earlier today I posted an article regarding how patent reform legislation is not certain because it is conceivable that there will not be enough votes for the bill on the floor of the Senate.  As I was writing that post the House Judiciary Committee was holding hearings on patent reform, and the hearing did not…

As we continue to wait for President Barack Obama to select the next Undersecretary of Commerce for Intellectual Property (a.k.a. the Director of the USPTO), I feel compelled to make yet another nomination.  As some may know, since September 2008, I have periodically nominated various people who I thought would make a good choice for the next PTO Director, including…

As of today, legislative patent reform efforts are working their way through Congress. We are further along the road to legislative reform than at any point in time over the last 4 years, but the ultimate outcome is still not certain. The Senate Judiciary Committee has reported out a version of patent reform, so there is a real expectation that…

Those familiar with the patent bar exam will remember that just under five (5) years ago, on July 26, 2004, the Patent Bar Exam moved to a computer-based, virtually on-demand exam, which is available at a Prometrics testing site near you.  Prior to this change the patent bar examination was administered twice a year using examination booklets and multiple choice…

About two weeks ago I received an anonymous letter from “A concerned observer” regarding the Board of Patent Appeals and Interferences (BPAI).  I realize that anonymous tips can be dubious, but the more I write about the Patent Office the more anonymous tips I get, and the more anonymous comments are made to various posts.  Some of the comments and…

Last Thursday I wrote regarding the USPTO, GlaxoSmithKline and Dr. Tafas jointly requesting an extension of time within which to either request reconsideration or rehearing en banc of the Federal Circuit’s decision in the claims and continuations saga.  This morning I learned that the Federal Circuit has granted the requested extension of time, so the parties have until the end…

Earlier today I heard a rumor from an exceptionally reliable source regarding the United States Patent and Trademark Office efforts to reform patent quality review.  Quality review, or QR for short, has become an anchor around the neck of patent examiners, and more than any other single issue has lead to the astronomical backlog of patent applications now facing the…

Yesterday I wrote about how the growing backlog of applications at the United States Patent and Trademark Office has caused the average time a patent application remains pending to rise to ridiculous levels. Some have contacted me to suggest that I am dead wrong to imply that the problem is getting worse given that the number of patent application is…