Posts Tagged: "Patent Reform"

Director Kappos is making his case for patent reform by making 4 key points. First, patent reform would lower patent office fees for independent inventors and presumably small businesses by establishing a new class — micro entities. Second, the fee setting authority in the patent reform legislation will allow for the USPTO to generate more revenue, thereby improving IT systems and hiring more patent examiners, while not costing micro entities more in the way of fees. Third, post grant review of patents will be condensed into a 12 month period and the threshold for initiating review will be raised, which should result in at settling effect not unlike the quieting of title in the real property scenario. Finally, the US will not become a pure first to file system, but rather into a first inventor to file system, which will have little or no effect on independent inventors and small businesses.

If you are unaware that Massachusetts Republican Scott Brown was victorious last night via special election to fill the remaining term of the Senate seat held by the late Senator Ted Kennedy you must be living under a rock.  Over the last month or so Brown has surged in the polls and took Massachusetts and the nation by storm, claiming…

It is that time of the year when everyone has made or is making resolutions for the new year, most of which will undoubtedly be broken within a few days or weeks, particularly those promises to lose weight, exercise more or find more time for unwinding and better managing stress. All are things I hope to do in the new…

On December 21, 2009, I embarked upon identifying the top 10 patent stories of the decade, which ends as we usher in the new year.  The Top 10 Part 1 identified what I thought were in the bottom half of the top 10, and while any top 10 list is sure to be at least somewhat controversial, it seems as…

This year as we wind down and look back we not only need to look back at the previous year, but the first decade of the new century and new millennium will be ending.  So at this reflective time of year it seems appropriate to take a look back at the biggest patent related news stories of the decade.  As…

SAN DIEGO, CA (Marketwire – December 15, 2009) – A group of organizations today announced that they have banded together to form the Small Business Coalition on Patent Legislation created to draw attention to current patent reform proposals that have not been addressed by established patent stakeholders and that would be uniquely harmful to small business patentees if enacted.

I applaud Popular Mechanics for tackling the under-covered issue of patent reform in Inventors Slam Patent Reform Effort. However, I disagree with some of the magazine’s assertions. Regarding first-to-invent vs. first-to-file, PM says: FTI theoretically allows an inventor to sit on an idea for years, gradually improving it until he or she is ready to file. FTF eliminates that strategy,…

NOTE: This was originally written as a comment to my article Much Ado About Nothing Over First to File.  It is posted here as an article with the permission of Ron Katznelson. ************************ I generally respect those who have the capacity to change their opinions based on substantial relevant evidence and a compelling underlying factual record that supports such a…

Just about 24 hours ago I posted an article relating to my changing position with respect to first to file, and already there is something of a firestorm.  I understand there are those who feel I have abandoned them and adopted a naive view of the world. But excuse me for recognizing the new tone and identifiable actions taking place…

Yesterday, the Task Force on IP and Genetic Testing submitted its Final Draft Report (titled Final Draft Report on Gene Patents and Licensing Practices and Their Impact on Patient Access to Genetic Tests) to the Secretary’s Advisory Committee on Genetics, Health, and Society (SACGHS). SACGHS, in turn, voted to accept the recommendations, which will be passed on to Secretary Sebelius,…

UPDATED: 7:19pm on 10/8/2009 Today the Task Force on IP and Genetic Testing submitted its Final Draft Report (titled Final Draft Report on Gene Patents and Licensing Practices and Their Impact on Patient Access to Genetic Tests) to the Secretary’s Advisory Committee on Genetics, Health, and Society (SACGHS). SACGHS, in turn, voted to accept the recommendations, which will be passed…

If you have not already read the letter from Commerce Secretary Gary Locke to Senator Patrick Leahy (Chair of the Senate Judiciary Committee) and Senator Jeff Sessions (Ranking Republican Member), you absolutely need to read it to comprehend the massive changes the Obama Administration is supporting with respect to patent reform.  It would be difficult to over exaggerate the magnitude…

There has been something brewing for at least a couple weeks now on the patent reform agenda, and I have been trying to make sense of it all.  I am not sure I have my head wrapped around it yet, but the Wall Street Journal (via Dow Jones Newswire) is reporting that President Barack Obama is placing his support behind…

The reason giant companies hate patent trolls is because they are not capable of being counter-sued. There is no deterrent effect because patent trolls do not make, use or sell anything, they just sue. So giant companies are targets in the same way that smaller companies without patents are targets of big companies with patents. No one should aspire to be a target. A simple truth is that a small business without patents might as well dress themselves up as a buck during hunting season complete with a bulls-eye pre-drawn. So here is the case for every business to get patents, particularly software patents. Ignore it if you like, but you do so at your own peril.

Last week David Kappos addressed the IPO annual meeting in Chicago, Illinois.  Kappos’ remarks were varied and really set a new tone for the future of the USPTO under his watch.  Kappos continued the theme he has already established in differentiating how the USPTO will run under his regime, as compared to how it ran under the previous regime.  Specifically,…