Posts in America Invents Act


Taking stock of the health of the American patent system, a system in crisis

“In our time together today we are going to try and take stock of the health of the American patent system,” Michel began. “It is important to …
By Gene Quinn
1 day ago 29

How tech’s ruling class stifles innovation with efficient infringement

Efficient infringement causes distress and agony for innovators struggling to survive,, and widespread efficient infringement absolutely stifles innovation... Innovators today patent their technologies in the hopes of …
By Steve Brachmann
11 days ago 95

AIA has not significantly altered patent litigation totals according to recent Lex Machina report

The fact that 36.7 percent of all patent cases filed in E.D. Tex. seems to be an exceptionally high degree of concentration in case filings, but the …
By Steve Brachmann
16 days ago 19

USPTO diverts funds to Commerce Department as user fee increases are prepared

In a shocking revelation, Frank Murphy, Acting Chief Financial Officer, explained that the USPTO has been and will continue to make payments to the Department of Commerce …
By Gene Quinn
22 days ago 29

Patent Drafting Tip: A comma affects meaning of items in list

The issue was whether the comma in the phrase ", otherwise available to the public" meant that the phrase also modifies the phrase "on sale." If the phrase ", …
By James Yang
23 days ago 4

Federal Circuit reverses PTAB, says CBM patents must be financial in nature according to the claims

The CBM determination includes patents that are “financial in nature” according to the claims; not patents that are “complementary” or “incidental” to financial activity according to the …

In precedential decision, Federal Circuit further clarifies what constitutes a covered business method patent for CBM review

When applying that definition to the present case, the majority opinion rejected as too limiting Secure Axcess’s proposal that CBM review should be limited to “products …
By John M. Rogitz
26 days ago 1

Can Congress Bar Review of PTAB Decisions to Institute Inter Partes Review?

Wi-Fi One stands among the latest—and potentially the most important—in a series of cases that have called into question both the degree to which Congress …

What Inventors Need to Fix the Patent System

While we have damaged our patent system, China has strengthened theirs. Job creation is stagnant, economic growth is anemic and the America Dream is dying. Congress must …

Does Patented Intellectual Property Still Matter? Yes, Depending on Who You Are

If Bill Hewlett and David Packard were just starting in their garage, they might be wise not to waste money acquiring them... An individual inventor, or SME, …

Patent owners do not like IPRs despite what Bloomberg Law, AIPLA study says

According to Bloomberg and AIPLA, the survey suggests that complaints from patent owners and other stakeholders in the U.S. patent system surrounding high patent invalidation rates …
By Gene Quinn & Steve Brachmann
2 months ago 31

Michelle Lee’s views on patent quality out of touch with reality facing patent applicants

In the piece, Lee tries her best to assure readers that positive developments have been made at the USPTO in recent years, but at multiple points she …
By Gene Quinn & Steve Brachmann
2 months ago 40

The Disintegration of the American Patent System

The American patent system represents a delicate balance. On the one hand, the patent system provides an incentive to invest in risky technical problem solving by giving …
By Neal Solomon
2 months ago 59

America Needs Startup Experience in the USPTO Director

We just don’t need another lawyer or lobbyist to run the USPTO. We need more this time. We need someone from the grassroots who understands the …
By Paul Morinville
2 months ago 9

The America Invents Act was Wrong from the Start

First to File was just the beginning of the damage caused by the America Invents Act. When the concept of the Patent Trial and Appeal Board (PTAB) …
By Adrian Pelkus
3 months ago 16