Posts Tagged: "American Invents Act"

Ever since the introduction of AIA post-grant proceedings, many have questioned whether the procedural deck is stacked against patent owners.  Limits on making claim amendments, having to bear the burden of showing the validity of claims already issued, and being subjected to multiple serial attacks, certainly have made it seem so.  But have recent cases signaled the playing field may now be tipping ever so slightly in a patent owner’s favor?  Or are these decisions just an illusion?

Just as Swift’s solution to the crises of his day was abhorrent, i.e., eating the children of the poor for nourishment, eating the issue of our Founders is also abhorrent, as well as ill-advised. Our Founders recognized the value of patent and copyright systems, and inculcated this philosophy into the Constitution itself – and our nation has benefited thereby. Likewise, trademarks provide considerable benefits to us all. A societal reward for innovation and creativity is a small price to pay to assure our greatness for generations to come.