In any patent dispute, the strength of the patent still matters. But increasingly, it is not the only thing that matters—or even, in some cases, the thing that matters most. That means where a patent dispute takes place cannot be a tactical afterthought or viewed as a choice of federal district courts in the United States alone. This is true today more than ever because despite patents ostensibly being property—at least according to the Patent Act—which tribunal and which judges make the ultimate decisions affecting the patent often matter most of all because patents and patent enforcement have become driven by ideology and the type of fervor normally reserved highly emotionally charged discussions, like religion and politics.
The United States patent system is not failing because Americans have stopped inventing. It is failing because the legal and institutional architecture built to protect invention no longer operates as a coherent innovation framework. Over time, the system has become a patchwork of overlapping tribunals, inconsistent legal standards, procedural inefficiencies, and doctrinal barriers that make it harder to obtain, defend, enforce, license, and rely upon even high-quality patent rights covering innovations of extraordinary consequence. Now in the coming months we will move forward with a candid, serious, historically grounded, and focused conversation on building—not merely patching—the next American patent system.
This week on IPWatchdog Unleashed, I was joined by my longtime friend John White, who is the the creator of the patent bar review course I’ve taught for almost 27 years. Together we explore the intricate and ever changing patent landscape. First, we begin by discussing the bar exam and how it is changing, then we pivot to the evolving role of AI in patent law more generally. Our conversation traversed decades of personal history, friendship and professional insights, revealing how the industry has transformed over the years and what it means for the current and future generation of patent practitioners.
My conversation this week with John White was much like any number of conversations we have had over the years over dinner or drinks. What prompted me to ask John to speak with us this week was an article he recently wrote, which we published on IPWatchdog. It was styled as an open letter to Elon Musk and Vivek Ramaswamy, the incoming co-leaders of the soon-to-be Department of Government Efficiency. In that article John explains that “the patent system is currently foundered”, but that it can be fixed with “focus and ongoing commitment to see the fixes through to results.” So, that is where we start our conversation, like so many we have had over the last 26 years—what is wrong with the patent system and how should it be fixed.
If you were unable to join us in person at IPWatchdog Studios for Patent Prosecution & Portfolio Management Masters™ 2023, a part of the IPWatchdog Masters™ series, register now to watch the broadcast of the Best Practices for Building a Worldwide Patent Portfolio panel. This conversation was recorded June 21, 2023. For many companies, the best course of action when seeking…
Scott McKeown is one of the preeminent Patent Trial and Appeal Board (PTAB) practitioners in the country, founder and author of PatentsPostGrant.com, Co-Chair of the IPWatchdog PTAB Masters program, and a good friend. Recently, Scott decided to make a change, leaving Ropes & Gray and joining Wolf Greenfield & Sacks and becoming the first partner resident in Wolf’s new Washington, DC, offices. Given the news, I took the opportunity to invite Scott to IPWatchdog headquarters for an interview.
The Patent Cooperation Treaty is the best tool currently available to seek international patent protection in multiple jurisdictions. Keep up-to-date on the latest developments in the PCT system, direct from PCT experts at WIPO. Choosing the PCT route is one thing, but it is equally important to utilize the PCT in the best way possible to your and your clients’…
For many years Boolean Logic has been the gold standard for searching for patents and invention disclosures, and for some it still is. But as every patent professional knows, Boolean Logic, as good as it is, has significant limitations. Indeed, relevant content necessary to make accurate evaluations can often be excluded from even the most intensive searches. Enter artificial intelligence…
Gene therapy, after years of promise, is now a reality, and monoclonal antibody pharmaceuticals are on the rise. Diagnostic testing is a necessary and standard part of medical practice. Outside of medicine, agricultural biotechnology improves our food supply. And even though Jurassic-Park-like dinosaur revival is still a dream, customized animals and revival of extinct species are a focus of real…
Join Gene Quinn, CEO & President of IPWatchdog, and John White, CEO, Managing Director and Program Faculty of the PCT Learning Center, as they discuss world wide IP Strategy and how PCT, Hague, and Madrid filings factor into such a strategy. These are each vital tools to project and protect IP across the world; yet US origin filings only trickle in. With…
Everything You Need to Know About International Industrial Design The Hague System for the International Registration of Industrial Designs provides a practical business solution for registering up to 100 designs in 74 contracting parties covering 91 countries. Through the filing of a single international application protection around the world for industrial designs can be achieved. Expanding a worldwide IP footprint…
The Patent Cooperation Treaty (PCT) enables applicants to file a single standardized patent application, and have that application treated as a regular national patent application in 153 Member Countries to the PCT. The PCT process is advantageous when there is a clear global need and likely markets exist around the world, such as with pharmaceuticals, anything involving standard essential patents…
The Patent Cooperation Treaty (PCT) is becoming an increasingly important tool for companies all around the world, with strategic use on the rise for a variety of reasons. Did you know, for example, that if you proceed to PCT Chapter II at a cost of $600 and choose the U.S. as your searching authority, your National Stage fees for Examination…
One of the most common questions we receive from new practitioners is this: “Once I pass the patent bar exam, how do I learn to actually start practicing?” Like so many things in life, there is no substitute for experience. But guidance from those who can point you in the right direction can be extremely valuable. Over the years Gene Quinn and John…
The data shows that Section 101 allowances at the USPTO are on the rise after a long period of decline, but the 101 situation still remains “alarming,” said panelists during IPWatchdog’s webinar—”A Tale of Different Software Innovations: The Uneven Impact of Alice”—last Thursday, March 7. While Congress is currently considering ways to address the patent eligibility problem, the likelihood of a legislative fix this year is slim, said Bob Stoll of Drinker Biddle. “I believe we will see introduction of legislation on 101 as early as this summer, but I don’t anticipate anything being enacted,” Stoll said. “There’s a lot more going on to occupy their interests on the Hill.”