Posts Tagged: "patent wishes"

Wish Upon a Star: Experts Share Their Wildest IP Dreams for 2021

We have already published industry roundups on the biggest moments in IP for 2020 and predictions and thoughts for 2021. But the longest running industry insider feature on IPWatchdog is our annual “wishes” article. Each year, we invite stakeholders to share their wildest dreams for the coming year. Unlike our Predictions and What Mattered roundups, this series allows our experts to get creative. The responses may have nothing to do with what is likely to happen, but rather gives commenters a chance to explain how 2021 would unfold in their dream scenario. This year, responses remained fairly grounded in reality, with the possible exceptions of hope for clarity on Section 101 law and that Andrei Iancu will remain USPTO Director under future President Biden. Here’s to a new year where all your wishes come true!

IPWatchdog

January 4, 2021

Industry Insiders Make Patent Wishes for 2020

One of the longest running features on IPWatchdog is our Industry Insider’s series, which started out many years ago with an annual “wishes” article. Each year, we continue to invite industry insiders to make patent wishes for the new year. Unlike our Predictions and What Mattered roundups, this allows our experts to get creative. We asked the panel to share their wildest IP dreams for 2020—they range from no more monkeys in courtrooms (no, not figuratively) to the USPTO Director taking on the responsibility of instituting America Invents Act trials, to the government maintaining a database of patent ownership and transactions.

IPWatchdog

January 2, 2020

Industry Insiders Make Patent Wishes for 2019

For my wishes, I’ll make three. First, as I did last year and the year before, I again continue to wish for patent eligibility reform in Congress that would overrule Mayo, Myriad and Alice. My second wish is for Congress to amend the statutes that created post grant challenges and provide for a real presumption of validity that requires invalidity to be proven by clear and convincing evidence. Finally, as I did last year, I again hope the Federal Circuit dramatically significantly decreases its use of Rule 36 affirmances, and specifically stops using this docket management tool when cases are appealed from the PTAB and also with respect to appeals dealing with 101 patent eligibility issues.

Gene Quinn

January 1, 2019

Industry Insiders Make Patent Wishes for 2018

For my wishes, I’ll make four. First, as I did last year, I again continue to wish for patent eligibility reform in Congress that would overrule Mayo, Myriad and Alice.With there major industry organizations coming out in 2017 to support legislative reform perhaps this wish will eventually come true, although as of now it seems to be a long shot in 2018. Second, I hope the Federal Circuit dramatically decreases its use of Rule 36 affirmances, and specifically stops using this docket management tool when cases are appealed from the PTAB and also with respect to appeals dealing with 101 patent eligibility issues. Third, I wish for the AIA post grant procedures to be declared unconstitutional, which with the Supreme Court set to decide Oil States in 2018 is at least plausible. Finally, assuming the Supreme Court does not do away with post grant challenges, I wish for the new PTO Director to dramatically reform the post grant process in ways that remove the systemic biases that have made the proceedings hopelessly one-sided against patent owners.

Gene Quinn

January 2, 2018

Patent and IP Wishes for 2017

First, I continue to wish for patent eligibility reform in Congress that would overrule Mayo, Myriad and Alice, although I am mindful of both how naive that sounds and dangerous it could become given competing interests at play. Of course, there is also a very real possibility any statutory reform would simply be ignored by the Supreme Court anyway, as they cling to the judicially created exceptions to patent eligibility that find no support anywhere in the statute or Constitution. Second, I am again also going to wish for meaningful copyright reforms and/or real Internet industry cooperation that recognizes the important rights of content creators, both large and small. It is too easy to steal original content with impunity and that threatens content creators large and small. Finally, while I would like to wish for an end to post grant procedures, I’ll remain content to more modestly wish for a new PTO Director unafraid to reform the post grant process in ways that remove the systemic biases that make the proceedings hopelessly one-sided against patent owners.

Gene Quinn

January 3, 2017

Patent and IP Wishes from K Street for 2017

Last year at this time, I wished for the passage of trade secrets legislation, resolution of the patent reform legislation stalemate in Congress, that the USPTO consider evidence of non-preemption during its initial determination of patent eligibility; and that the USPTO prioritize accuracy, completeness and accessibility of the public record as part of its Patent Quality Review… If a genie were to appear to grant me wishes for 2017, I would ask for two things in particular: First, that the USPTO not change the information printed on the front page of issued patents. Second, that the Commerce Department cease attempts to make the USPTO pay for the shared services initiative.

Marla Grossman

January 2, 2017

Patent and IP Wishes for 2015

I would love to see patent eligibility reform in Congress that would overrule Mayo, Myriad and Alice. I would also love to see meaningful copyright reforms and/or real Internet industry cooperation that recognizes the important rights of content creators, both large and small. I would also like to see federal trade secret legislation, which is critically important given the erosion of patent rights over the last several years. Until Congress realizes just how damaging the Supreme Court has been over the last decade more innovators will need to rely on trade secret protection, and having one regime rather than 51 regimes (i.e., 50 states plus the District of Columbia) makes no sense given the national and international scope of business in today’s global economy.

Gene Quinn

January 4, 2015

Industry Insiders Make Patent Wishes for 2014

Manny Schecter (IBM Chief Patent Counsel) writes: “Last year I wished for greater understanding of the patent system outside of the patent community. Awareness of the patent system has certainly grown, but understanding? I’m not so sure. I still see a rush by many to hasty “solutions” that would actually result in more harm than good. My latest concern is proposals for technology-specific reforms. These proposals comprise calls for restricting the scope of, enhancing challenges for, or eliminating altogether, patents relating to certain technologies such as computer and genetic implemented inventions.”

Gene Quinn

January 5, 2014

Industry Insiders Make Patent & Innovation Wishes for 2013

It is that time of the year where we all start to look ahead to the new year, perhaps making some New Year resolutions that are sure to last for at least a few days. To switch things up a bit, several years ago I contacted a number of my industry contacts to ask them what they wish for moving into the New Year. See, for example, Industry Insiders Make Patent Wishes for 2012. This has become rather popular and persisted. This year we have a host of industry experts who participated. Over and over again the theme that emerges is that the patent bashing will stop.

Gene Quinn

January 2, 2013

Industry Insiders Make Patent Wishes for 2012

It is that time of the year where we all start to look ahead to the new year, perhaps making some New Year resolutions that are sure to last for at least a few days. Resurrecting something done two years ago, I once again contacted some of my friends to get them to go on the record with their patent and innovation related wishes for 2012. I was lucky enough to get a number of very thoughtful responses from individuals with a variety of experiences.

Gene Quinn

January 2, 2012

My 2010 wishes for the U.S. Patent Examiner

EDITORIAL NOTE: What follows is a portion of a longer essay by Ron Katznelson, which contains more information including statistical data on the work of the U.S. Patent Office. It is published first here as an article with the permission of Dr. Katznelson. When asked what wishes pertaining to patents I have for the New Year, I began thinking about…

Ron Katznelson, PhD

January 8, 2010

Praying the Supremes Get Bilski Right in 2010

It is not at all an overstatement to say the fate of future innovation in the US rests squarely on the Supreme Court getting the Bilski ruling correct. Long ago the manufacturing jobs started leaving and they are gone and not coming back. To the extent that the US has anything other than a service economy it is thanks to intellectual property and intangible assets, and everyone who seriously considers the matter knows that the chief intangible asset for businesses is software.

Gene Quinn

January 5, 2010

Patent Wishes for 2010

It is that time of the year when everyone has made or is making resolutions for the new year, most of which will undoubtedly be broken within a few days or weeks, particularly those promises to lose weight, exercise more or find more time for unwinding and better managing stress. All are things I hope to do in the new…

Gene Quinn

January 4, 2010

Industry Insiders Make Patent Wishes for 2010

It is that time of the year where we all start to look ahead to the new year, and in this case the start of a new decade. Last year I wrote an article titled Patent Wishes for the New Year, and I have been working on my wish list already and will launch the article soon, likely on December…

Gene Quinn

December 21, 2009

Why Wishes Should Be Patentable

Critics of software patents often argue that software should not be patentable because software is too “abstract” to be patented. The patent system was created to protect nuts-and-bolts machines like the steam engine and the cotton gin, not “intangible” creations like software, so the argument goes. In this article I will argue that not only should software be patentable, but…

Robert Plotkin

June 30, 2009