Posts in America Invents Act


Patent owners negatively impacted by PTAB file amicus brief with SCOTUS in support of Oil States

A few dozen amici briefs have been filed in the case, including one filed on August 30th by 39 patent owners affected by PTAB activities in support of …
By Steve Brachmann
2 months ago 3

The only solution for the transgressions of the PTAB is to disband this runaway tribunal

Hiring senior associates to be Administrative Patent Judges was a mistake, hiring so many senior associates from the same firm was an even bigger mistake. Making it …
By Gene Quinn
2 months ago 51

A Patents as Property Rights History Lesson

Several of the briefs address the absurdity currently being advanced, claiming patents are so-called “public rights.” This novel notion — more in line with Karl Marx than John …
By James Edwards
3 months ago 18

Federal Government Not Barred from Petition for CBM Review

In a case of first impression, a majority of a Federal Circuit panel held that the U.S. Postal Service and the United States (collectively, “USPS”) were …

Former Trump campaign advisor: “Today, patents are worthless.”

“We began noticing that key appointments in the Trump Administration were going to Republicans who were very anti-patent,” Caputo noted. These appointments include Vishal Amin, who Trump …
By Steve Brachmann
3 months ago 28

Placing limits on innovation may exclude great inventions before it’s known what has been excluded

Since U.S. patents are granted with exclusive right to exclude, the only way to realize values of inventions is licensing, suing for damages or both. This …
By Jianqing Wu, Ph.D.
3 months ago 34

High patent quality standard adversely impacts all inventors

High novelty, high non-obviousness standard, inconvenient court venue for patent owners, and limited availability of injunction remedies, reduced damages, threaten liabilities will hurt all classes of inventors …
By Jianqing Wu, Ph.D.
3 months ago 7

The Problem of Inter-Partes Review (IPR)

IPRs introduced an asymmetric component which particularly burdens the patent holder by requiring a very expensive ten-fold higher cost to defend the patent in the PTAB relative …
By Neal Solomon
4 months ago 21

How patent quality extremism and money-can-buy-fairness have ruined the U.S. patent system

Patent reformers argue that too many patents can hurt business, and low-quality patents cause problems. Their lobby activities have successfully persuaded the Congress to pass the AIA, …
By Jianqing Wu, Ph.D.
4 months ago 70

Judge Michel tells Congress it isn’t helpful to talk about quality, patents are either valid or invalid

“I think at the end of the day, patents are either valid or invalid as a legal instrument and therefore it’s not very helpful to talk …
By Steve Brachmann
4 months ago 6

Global IP Trends Indicator underscores increasing globalization in patent filing strategies

Among the key findings of the report include the more than 73 percent of respondents filed patents in four or more countries during last year. That was up …
By Steve Brachmann
4 months ago 0

The PTAB: Number One Enemy of Inventors

When we apply for a patent, we are sharing our secret, our discovery, with the world. In exchange for sharing our secret we are promised 20 years of …
By Josh Malone
4 months ago 46

Thoughts From the Amtrak: Leaps of Faith and the U.S. Patent System

All too often I’m reminded that today’s American patent system is more droit du USPTO than it is the system for the innovative masses as …
By Steve Brachmann
4 months ago 18

House IP Subcommittee holds yet another one-sided hearing on bad patents and patent trolls

House IP subcommittee chair Rep. Darrell Issa (R-CA) led off the hearing by discussing the large number of interests who are often on Capitol Hill to discuss …
By Steve Brachmann
4 months ago 29

Report shows drug patents fare better in IPR proceedings at PTAB

While the Patent Trial and Appeal Board (PTAB) has not been friendly to patent owners, to put it mildly, the PTAB has not been inhospitable to pharma …
By Steve Brachmann
4 months ago 36