For much of the last four decades, American innovation policy has rested on a premise that should be obvious but too often is not: strong intellectual property rights are not an obstacle to competition. Quite the opposite—strong IP rights are the precursor to robust competition. The alternative to a robust patent system is not some frictionless utopia of open competition. The alternative is secrecy, copying, and underinvestment. If patents are too weak, companies will rely more heavily on trade secrets. That means less disclosure, less technical diffusion, and fewer opportunities for others to build upon what has been invented. Weak patents do not democratize innovation—they often bury it. Weak patents also reward copycats who find it far more expedient and financially rewarding to take rather than to innovate themselves. These truths were the main point at the center of my recent conversation with Alden Abbott, Senior Research Fellow at the Mercatus Center at George Mason University and former General Counsel of the Federal Trade Commission.
On Friday, a series of computer and automotive industry trade organizations representing most of the top filers of inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) filed a brief with the U.S. Supreme Court urging the Court to grant Google’s petition for writ of certiorari that ultimately challenges the PTAB’s settled expectations doctrine as developed under the current U.S. Patent and Trademark Office (USPTO) administration.
Most patent portfolios are overbuilt and under-managed. That is not a criticism of any particular company or patent department. It is simply the predictable result of how patent portfolios are created. Companies innovate. Business leaders demand more filings. Engineers generate invention disclosures. Outside counsel prosecute applications. Patents issue. Then years pass, products change, markets move on, competitors pivot, and strategic priorities evolve. Often—if not frequently—the patent portfolio remains the same, as if legacy assumptions and strategy remain relevant even though they no longer match business or market realities.
There’s a great deal of excitement and preparation for the Olympic Games, which will come to Los Angeles and Oklahoma City in 2028. Those of us in Oklahoma City are thrilled to host two events on behalf of LA28, softball and canoe slalom. If you are a business owner in one of these cities, you may be thinking, “How can I capitalize on the Olympic Games coming to my city?” This is the first of several helpful articles in which we will walk you through the myriad of legal issues and opportunities associated with hosting the Olympic Games.
I keep hearing the same thing from patent professionals across the industry—inside companies, inside law firms, and even from investors. Patent budgets are shrinking, expectations are rising, and nobody seems willing to admit what that combination actually means.
Arnold & Porter is a leading international law firm with offices across the United States, Europe, and Asia. The firm delivers sophisticated regulatory, litigation, and transactional services to clients across a wide range of industries. Arnold & Porter is seeking a Senior Manager of IP Prosecution to join its Washington, DC office. This role provides firmwide leadership for the Intellectual Property Prosecution function, overseeing patent and trademark operations and ensuring the delivery of efficient, high-quality support to attorneys and clients.
This week on IPWatchdog Unleashed, my conversation with patent broker Louis Carbonneau centers on a fundamental breakdown in the economic engine that has historically driven innovation. While innovation itself has not disappeared, the incentive structure that once enabled a repeatable cycle—innovate, patent, monetize, reinvest—has eroded. Large market participants increasingly operate under a “use now, pay later (if ever)” model, which disproportionately disadvantages individual inventors and smaller entities. As a result, many innovators are unable to sustain continued development beyond an initial breakthrough, leading to a systemic drag on long-term innovation output. This shift is reinforced by a broader cultural normalization of “free” access to intellectual property, which has migrated from the copyright into the patent and innovation industry.
Unified Patents is again growing its legal department and seeks to add an experienced, registered patent attorney. Applicants should have at least 5 years of law firm or other relevant experience before the U.S. Patent and Trademark Office (USPTO), in particular working on ex parte reexamination proceedings, post-grant petitions (IPR, PGR), or other administrative drafting and litigation experience. Applicants should have a strong technical background and be willing to explore diverse new technologies; experience with video codecs, coding, cryptography, compression, signals, wireless communications, or other algorithmic subject matter is a plus. Patent examination experience is a plus; clerking experience is a plus; familiarity with ongoing appellate issues affecting PTAB practice is a plus. Must be willing to work within a team, work well independently, and enjoy writing and editing.
United States Patent and Trademark Office (USPTO) Director John A. Squires initiated a sua sponte Director Review on May 27 to investigate whether an inter partes review (IPR) petitioner violated its Sotera stipulation. The order stays the IPR proceeding and requires briefing from Nokia Technologies OY, ASUSTeK Computer Inc., and ASUS Computer International on whether a violation occurred and what the appropriate remedy should be.
It is not news to anyone in the industry that the Patent Trial and Appeal Board (PTAB) has changed. Thanks to U.S. Patent and Trademark Office (USPTO) leadership, discretionary denials have increased, institution rates have dramatically dropped, and that means patent owners are finally seeing relief at the front end of the inter partes review (IPR) process. There is great reason for the justifiable optimism you hear from patent owners.
This week on IPWatchdog Unleashed, I spoke again with Fran Cruz, Senior Vice President of IP Solutions for Juristat. Our conversation was about a topic that should be top of mind for every patent prosecution firm, every in-house IP department, and every legal operations professional trying to make sense of the current market for patent related legal work. Where is patent prosecution work going, when does work move from firm to firm, when it does move, where is it moving, and what will firms have to do to win—or keep—the patent preparation and prosecution work?
The U.S. Supreme Court on Monday denied certiorari in Zioness Movement, Inc. v. The Lawfare Project, Inc., a case in which Zioness Movement sought review of a U.S. Court of Appeals for the Second Circuit decision that upheld a jury verdict allowing two competing nonprofit entities to co-own the “Zioness” trademark.
This week on IPWatchdog Unleashed, I spoke with Brent Bellows, a partner with Knowles Intellectual Property Strategies (KIPS). We discussed a variety of issues including Hatch-Waxman, Orange Book listings, paragraph IV certifications, skinny labels, generic entry, clinical trial costs, regulatory exclusivity, and the enormous financial risk associated with bringing new drugs to market. Gene and Brent explore the tension between public demand for lower drug prices and the need for durable incentives that make high-risk drug development economically viable, particularly for oncology, Alzheimer’s, Parkinson’s, antibiotic resistant bacteria, and other difficult-to-treat conditions. The episode closes with a broader innovation-policy message: patents are not a peripheral feature of drug development—they are a core operating asset that enables private-sector investment, supports breakthrough therapies, and ultimately drives the availability of future generic medicines.
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