Posts Tagged: "US Economy"

Did the Supreme Court intentionally destroy the U.S. patent system?

Why did the Supreme Court intentionally destroy the U.S. patent system? That is a question many have been asking themselves in the wake of more than a decade of dubious decisions that continually erode patent rights and limit what is patent eligible… It is because of the Supreme Court that high-tech startups are unable to obtain patent protection necessary to attract investors… Investors simply aren’t interested in many U.S. high-tech startups because they know many patents in the software, biotech and medical arenas are extremely difficult to obtain, and even if obtained will be impossible to keep thanks to the curtailing of what is patent eligible by the Supreme Court… It is time for Congress to take control of America’s patent policy and legislatively reform Section 101.

An Exclusive Interview with USPTO Director Andrei Iancu

Director Iancu is knowingly and intentionally seeking to provide hope in the words he speaks because he believes a strong patent system is necessary for the U.S. economy to flourish. In part one of our interview we also discussed the need for transparency, and the troubling Freedom of Information Act processes employed by the Office that seem hopelessly broken. We discussed the posts grant challenge process, the PTAB, experience level of the Administrative Patent Judges on the PTAB and inter partes review.

Is the Supreme Court anti-patent?

Is the Supreme Court anti-patent? it has been suggested to me that such rhetoric, whether true or not, is unhelpful and puts those urging pro-patent views on the defensive. If that is correct then it should be banned from our lexicon. But I still wonder how one can or should refer to Justices who repeatedly vote against the patent owner? Certainly, the Supreme Court is not pro-patent, and they are certainly showing no signs of being self-aware when it comes to the path of destruction they have cut through critical sectors of the American high-tech economy. But I guess that doesn’t make them anti-patent, or at least you can’t call them anti-patent because that is rude, or off putting, or offensive to those who hold the Court in high esteem. 

The U.S. Patent System, not China’s IP Policies, is the Reason Behind America’s Decline in Global Competitiveness

Several months ago, the Trump Administration launched an investigation into Chinese trade policies that are responsible for expropriating American intellectual property (patents, trademarks, copyrights).  This investigation is premised upon Section 301 of the Trade Act of 1974 which gives the President the authority to take all appropriate action, including retaliatory action, against China if the U.S. concludes that China’s policies on…

A Surreal Endeavor: Asserting Patent Rights in the U.S.

Asserting patent rights is a surreal endeavor these days. While the statistics on survival at the PTAB are improving, with the percentage of initiated proceedings declining and some patents seeing their claims affirmed, the cost and time necessary for a patentee to claw their way back to the district court—i.e., back to Square One—proves too much for many patentees. Spending hundreds of thousands of dollars (or more) to fight at the PTAB simply to confirm issued patent claims is pushing many patentees out of the enforcement market. With such oppressive legal hurdles and costs, what good is a patent? For many, it cannot be enforced?