America’s Broken Patent System Must Return to First Principles | IPWatchdog Unleashed

The United States patent system is not failing because Americans have stopped inventing. It is failing because the legal and institutional architecture built to protect invention no longer operates as a coherent innovation framework. Over time, the system has become a patchwork of overlapping tribunals, inconsistent legal standards, procedural inefficiencies, and doctrinal barriers that make it harder to obtain, defend, enforce, license, and rely upon even high-quality patent rights covering innovations of extraordinary consequence. Now in the coming months we will move forward with a candid, serious, historically grounded, and focused conversation on building—not merely patching—the next American patent system.

Congress Must Not Rewrite Patent Rules Without Evidence

Tomorrow, June 17, the Senate HELP Committee will vote on a raft of bills aimed at making medical care more affordable. That’s a worthy goal. But in the case of the Medication Affordability and Patent Integrity Act, lawmakers are setting themselves—and patients and the rest of us—up for failure. The legislation seeks to prevent drug companies from gaming the patent system by holding these firms to new disclosure and certification requirements. How the bill is supposed to save patients money is far from obvious. What is more, there are already laws against the kind of abuse the legislation targets. And there is little to suggest those rules aren’t working.

When Does a Parody Become a Trademark Problem? Lessons from the Patagonia-Pattie Gonia Dispute

The ongoing trademark dispute between outdoor apparel company Patagonia and environmental activist and drag performer Pattie Gonia has generated considerable public attention. To many observers, the case appears to be a clash between a large corporation and an individual activist who shares many of the company’s environmental values. But viewed through the lens of trademark law, the dispute raises a far more nuanced question.

High Court Denies Judge Newman’s Case Against CAFC Chief Judge

Less than two weeks after Judge Pauline Newman filed her reply brief with the U.S. Supreme Court in response to the May 12 opposition brief filed by U.S. Court of Appeals for the Federal Circuit (CAFC) Chief Judge Kimberly Moore, the Court has today denied Newman’s petition for certiorari. Newman filed her Supreme Court petition in March of this year.

Squires Says Tesla IPRs on Vehicle Gear Selection Control Patents Can Proceed Due Partly to U.S. Manufacturing Activities

The U.S. Patent and Trademark Office (USPTO) announced late Monday that it is designating as informative a decision based in part on USPTO Director John Squires’ recent memo outlining additional discretionary denial factors the Office will consider with respect to institution of inter partes review (IPR) and post grant review (PGR) proceedings. Specifically, the decision found that Tesla, Inc.’s evidence of manufacturing activities in the United States, “including that it manufactures the accused products in America,” favored a finding that discretionary denial is not appropriate.

CAFC Affirms PTAB Obviousness Ruling for Fluid-Mixing Patent

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision today in Medmix Switzerland AG v. Squires, affirming a Patent Trial and Appeal Board (PTAB) final written decision that found several claims of a Medmix fluid-mixing patent unpatentable as obvious. The decision upholds the Board’s construction of a disputed claim term and its finding that a skilled artisan would have been motivated to combine the prior art references at issue.

Thompson Patent Law is Seeking a Patent Agent

A full-time, fully remote role is available at Thompson Patent Law for an experienced Patent Agent. TPL understands that many attorneys are looking for more – a greater challenge, consistent workflow, a meaningful culture, and real opportunities to grow – and offers a steady flow of high-quality patent work, a full-time remote role supported by strong systems, a respectful, values-driven culture, and direct mentorship from Craige Thompson, JD, MBA, EE, PE, Managing Principal Patent Attorney and #1 Amazon best-selling author of Patent Offense.

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