The written description requirement is really the backbone of the quid pro quo between the public and the patent applicant. In exchange for information about an invention, society is willing to grant the applicant a patent, which conveys exclusive rights for a limited period of time to what is claimed, not described. But the description provided in the specification must demonstration that the applicant really has an invention in the first place and what the boundaries of that invention are—this is the written description requirement in lay terms.
From increasing damage awards into the billions of dollars, to a new hot patent court for plaintiffs in West Texas, to increased financing available from litigation funders to growth in competitor lawsuits with large entities looking to monetize their own portfolios, there is a changing face of patent litigation as we head into a post-pandemic world.
Experts speaking during IPWatchdog’s Virtual Patent Masters Symposium yesterday expressed concern over the state of the U.S. patent system, but also offered a number of solutions, and many took a cautiously optimistic outlook for the future. In one session, Patent Masters Q. Todd Dickinson of Polsinelli, Judge Theodore Essex of Hogan Lovells, Retired Chief Judge Paul Michel, and Robert Stoll of Drinker Biddle discussed the Supreme Court case eBay Inc. v. MercExchange, wherein the former bright line rule of issuing permanent injunctions was replaced by a four-factor test according to familiar rules of equity that apply to all areas of law. While the consensus among the Masters was that eBay has created a multitude of problems, Judge Michel pointed out that eBay has been misinterpreted by the district courts.
Patent Masters is designed to be a high-level symposium for attorneys and professionals interested in an in-depth exploration of topical legal issues facing those that prosecute, litigate, license and monetize patents. Discussions will be led by some of the top thought leaders in the industry and will cover what is happening in the Courts, on Capitol Hill, and at the USPTO.