Patent

Monday, 30 March 2015 20:37

Patent Troll Bill Back in Congress

Written by

 Patent Reform is back in Congress and this time it is House Judiciary Bob Goodlatte, who will be reintroducing the legislation dedicated to reduce “patent trolling.” Patent trolling, as it is colloquially known, is a strategy typically employed to enforce patent rights owned by non-practicing (emphasis added) entities against accused infringers in attempts to collect lost royalties and/or licensing fees.  

Wednesday, 11 March 2015 16:09

USPTO Patent Quality Summit 2015

Written by

This past Monday the Senate officially confirmed Michelle Lee as the new director of the US PTO.  Director Lee is the first woman director of the agency, and previously served as Google's chief patent counsel.  Since beginning her tenure at the US PTO, Director Lee has set her primary focus on improving patent quality in the US patent system.  In line with this patent quality initiative, the US PTO has set forth six (6) proposals to serve as the focal points for the upcoming Patent Quality Summit on March 25-26, 2015.

The United States Patent and Trademark Office (“USPTO”) is in quest to deliberate on issues concerning protections from disclosure for communications between patent applicants and their patent advisors.  More specifically, the USPTO is commencing a discussion on whether and to what extent the U.S. Courts should recognize privilege for communications between U.S. patent practitioners and their clients in foreign jurisdictions; U.S. applicants and their "non-attorney" U.S. patent agents; and between foreign patent practitioners and their clients.

The Supreme Court of the United States (“SCOTUS”) has unequivocally addressed the current standard of review for patent claim construction. Accordingly, the Court has held that a Federal Appellate Court can only overturn a District Court’s factual findings, if those findings were determined to be clearly erroneous. As such, this new standard transforms the de novo standard used by the Federal Circuit when reviewing patent claim construction.

Stephen Kimble is an inventor of a web-shooting gadget that allows kids to imagine they have super powers like Spiderman. More particularly, Kimble was granted a patent in 1991 by the United States Patent and Trademark Office for an apparatus that shoots foam from the palm of the hand, to give the user an impression that a spider web is formed. As such, the Supreme Court of the United States (“SCOTUS”) has agreed to review an appeal by Kimble in regards to considering overruling a 50-year old precedent that bars the collection of royalties on patents after they expire.

The USPTO today issued an updated and comprehensive guideline regarding patent subject matter eligibility in view of the recent Supreme Court decisions in Alice CorpMyriad, and Mayo.  This "2014 Interim Guidance on Patent Subject Matter Eligibility" was published today, December 16, 2014.  

The Supreme Court today granted certiorari in a case asking whether its prior decision in Brulotte v. Thys Co., 379 U.S. 29 (1964) should be overruled, which previously held that a licensee's obligations are absolved after the expiration of a patent, and that royalty payments for a patent cannot continue beyond the life of that patent.  

Thursday, 11 December 2014 18:01

China's Patent Dominance

Written by

China's rise in patent dominance, eclipsing filings of Japan and the U.S. has long been predicted.  According to a recent report published by Thomson Reuters, by 2011, China had passed the patent output of both countries, and by 2013, China's annual application filings nearly doubled those of of both countries.  This recent push is driven by a five-year government plan in which the country has set out to reach two million applications for patents for inventions, utility models, and designs by 2015.  

According to the documents produced in response to a recent USPTO FOIA request, the Sensitive Application Warning System (SAWS) is “designed as an information gathering system to apprise various areas of the PTO of the prosecution of patent applications that include sensitive subject matter.” “Sensitive” subject matter, in this case, has rather broad scope including applications disclosing frivolous, silly, or controversial subject matter, especially subject matter generating extensive media coverage. A 1989 memo initially detailing the SAWS project was publicized in 2006, but the most recent FOIA request provides additional insight, including USPTO internal memoranda to each technology center outlining specific topics for each center as well as protocol for flagging and reviewing “sensitive” applications.

Wednesday, 05 November 2014 15:02

Intellectual Property in Your Voting

Written by

As mid-term elections embark, millions of Americans will rush to the voting booths to exercise on their Fifteenth Amendment Constitutional Right to vote. During this exciting democratic process, Intellectual Property will be all around them.  Historically, there have been ground breaking patents, which have helped shape the American voting process.  Some of the notable patents granted by the United States Patent and Trademark Office (“USPTO”) include as follows:

Page 6 of 17