Posts Tagged: "Gene Quinn"

For better or for worse, there is no such thing as a worldwide patent. There is, however, something that approximates a worldwide patent application that can ultimately result in a patent being obtained in over 150 countries around the world. This patent application is known as an international patent application, or simply an international application. The international treaty that authorizes the filing of this single international patent application is the Patent Cooperation Treaty, most commonly referred to as the PCT.

On January 13, the United States Patent and Trademark Office (USPTO) published a new report on the impact of patent and trademark filing trends in China. The report, titled Trademarks and Patents in China: The Impact of Non-Market Factors on Filing Trends and IP Systems, discusses how the high rate of Chinese patent and trademark filings may well be influenced by government subsidies and other non-market factors, rather than inventiveness and organic economic activity within China.

On December 28, Senator Thom Tillis (R-NC), Chair of the Senate IP Subcommittee, and Senator Chris Coons (D-DE), Ranking Member of the Senate IP Subcommittee, sent another letter to Twitter CEO Jack Dorsey expressing disappointment over the company’s continued refusal to cooperate on hearings around copyright reform. Tillis and Coons were joined by Senator Mazie Hirono (D-HI), as they often are on IP issues. The letter reiterated the senators’ frustration that Twitter refused to provide a witness for the IP Subcommittee hearing on December 15 focused on the role existing technology plays in curbing online piracy. In an all too kind characterization, the letter sent by Senators Tillis, Coons and Hirono also expressed disappointment with the “incomplete responses to written questions sent by Chairman Tillis in advance of the hearing.” Frankly, the “answers” to the questions presented by Chairman Tillis by Dorsey for the record were completely non-responsive. Indeed, Dorsey demonstrated complete disinterest in substantive engagement, an absolute lack of good faith, and conscious disregard—near contempt really—for the duty of candor owed by witnesses to the Subcommittee.

Earlier today, Judge Rodney Gilstrap of the United States Federal District Court for the Eastern District of Texas issued a temporary restraining order against Samsung in a FRAND (fair, reasonable and non-discriminatory licensing rates) lawsuit filed by Ericsson on December 11, 2020. The Order gives Samsung until January 1, 2021 to file any opposition to the continuation of the temporary restraining order, and gives Ericsson until January 5, 2021 to respond if, or more likely when, Samsung, files an objection. At first glance to the trained eye this seems shocking, but as is so often the case in the world of standard essential patents (SEPs) and FRAND, there is much more than meets the eye.

“Qualified women are unnecessarily excluded from membership in the patent bar,” wrote Mary T. Hannon in a recent law review article seen by Senators Mazie Hirono (D-HI), Thom Tillis (R-NC) and Chris Coons (D-DE), who promptly sent a letter to United States Patent and Trademark Office (USPTO) Director Andrei Iancu demanding answers. A scandal of epic proportions in 2020 if an agency of the executive branch is actively excluding women from the ranks of patent practitioners. But it’s just not true.

I am going to make a bold statement: every non-provisional patent application for an invention originating in the U.S. should be filed via the Patent Cooperation Treaty (PCT) first. Then, after another six months, following the international search, and PCT publication, those who desire U.S. patents should enter the U.S. National Stage. That’s right: every single application, no exceptions. No, I have not lost my mind. Here’s why.

It is difficult to talk about political issues in the current environment in the United States but looming for the patent and innovation community is a potential disaster. While it will undoubtedly upset many, the truth is that there is currently no official President-Elect and there won’t be until the Electoral College votes in the middle of December. In no fewer than six swing states, the vote was so close that President Trump and his lawyers have launched a series of lawsuits that have already made their way to the United States Supreme Court. Much more litigation relating to the election can be expected and proof will be necessary to back up the allegations of the Trump campaign if anything major news outlets are reporting will be changed. In the meantime, it should be fairly uncontroversial to say that President Trump has an uphill battle. It is also absolutely factual to say that Vice President Biden is proceeding as if he is President-Elect.

On day one of IPWatchdog’s SEP2020, keynote speaker David Kappos told IPWatchdog President and CEO Gene Quinn that the IP community should not panic about what a Biden administration might mean for standard essential patents (SEPs), or IP more broadly. “I have reason to believe we could see a positive continuation of what we’ve seen in recent years,” Kappos said. “President-Elect Biden comes from a background where he under[stands] IP. I worked with him on IP issues under the first Obama administration and he demonstrated an appreciation for the balance that involves intellectual property. He comes from a state – Delaware – that means business about IP, with a strong specialty chemicals industry in that state, and a strong patent jurisprudence.” Additionally, Biden would have people like Senator Chris Coons (D-DE), who has been “an extremely strong advocate for strong intellectual property,” around him. “I have a tremendous faith in [Coons] as a force for making sure we continue going in the right direction,” Kappos added.

The Bayh-Dole 40 Coalition and IPWatchdog today jointly presented a video webinar commemorating the 40th anniversary of the Bayh-Dole Act— officially the “University and Small Business Patent Procedures Act”—which became law on December 12, 1980. The webinar was hosted by Joseph Allen, a regular IPWatchdog contributor and former Professional Staff Member on the U.S. Senate Judiciary Committee for former Senator Birch Bayh (D-IN). The event included remarks from Senator Bob Dole, who served as Republican Senator for Kansas from 1969-1996 and co-authored the Bayh-Dole Act; Senator Bayh’s son, Chris Bayh; IPWatchdog Founder and CEO Gene Quinn; and many other speakers from across the political, technology transfer, university research, and legal spheres.