Posts Tagged: "Gene Quinn"

New Tillis-Leahy Bills to Boost Innovation: The Good, the Bad and the Nonsense

Earlier today, U.S. Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT), the Ranking Member and Chair of the Senate Intellectual Property Subcommittee, introduced a pair of bipartisan bills that the Senators say are aimed at improving the participation Americans from all backgrounds in the patent system and ensuring that the public knows the true owners of patents. If enacted, the Unleashing American Innovators Act (UAIA) would require the Director of the United States Patent and Trademark Office (USPTO) to establish another satellite office within three years somewhere in the Southeastern region of the nation, which the bill specifically defines as Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Louisiana, and Arkansas. Of course, given that the main campus of the USPTO is located in Alexandria, Virginia, it would seem unlikely that Virginia would be the final destination of any Southeast Region satellite office. The UAIA would also require the Director to determine within two years whether any additional regional satellite offices are necessary to— in the words of the bill— “achieve the purposes described in section 24 23(b) of the Leahy-Smith America Invents Act… and increase participation in the patent system by women, people of color, veterans, individual inventors, or members of any other demographic, geographic, or economic group that the Director may determine to be underrepresented in patent filings.”

A Kinder, Gentler ‘Death Squad’: Ten Years in, Despite Some Reforms, the USPTO is Still Killing U.S. Patents

Now that the 10th anniversary of the America Invents Act (AIA) has passed, we can look back not only at the past decade, but also the reactions of various interested parties and how they responded to that anniversary. There were two revolutionary amendments to U.S. patent laws enacted on September 16, 2011; one relating to the U.S. changing from first-to-invent to first-to-file, the other relating to the creation of the Patent Trial and Appeal Board (PTAB) and three new procedural mechanisms to invalidate issued patents. While from a philosophical and practical point of view, the change from first-to-invent to first-to-file had the largest impact on patent practice, it has essentially become a footnote in patent history. Yes, the United States had a bizarre system that allowed the second filer in some instances (i.e., the first to invent) to obtain a patent over the first-to-file, but that almost never happened. And now, the United States has a strange, hybrid first-to-file system that still theoretically allows the first-to-invent to prevail in even rarer circumstances, but that change became easily baked into the system, because overwhelmingly, the first-to-invent did file first. The real story of the change to first-to-file is that much more is now prior art, including foreign filed applications as of their foreign filing date, typically, which continues the theme of the last 15+ years of making it harder to obtain and keep patent rights in the United States.

IPWatchdog LIVE Event Wraps Up with Featured Speakers Makan Delrahim and Vishal Amin

On day three of IPWatchdog LIVE in Dallas, Texas, former Assistant Attorney General in charge of the Antitrust Division at the U.S. Department of Justice (DOJ), Makan Delrahim, who is now a Member of the Board of the Directors at Osiris Acquisition Corporation and a Lecturer in Law at the University of Pennsylvania, told attendees of the event that it’s unfortunate that antitrust [and its interaction with intellectual property rights] has become a partisan issue when “it doesn’t need to be.” Delrahim recalled during a Luncheon Fireside Chat with IPWatchdog Founder and CEO Gene Quinn that, 20 years ago, when he was detailed to the Office of the U.S. Trade Representative (USTR), “the approach to strong IP was a unifying issue, and something that was not questioned, nor its value.” He added that he has become a bit discouraged by the “echo chamber” that has been created about IP to “devalue its actual impact on economics and on society”—particularly when our trading partners, like China, have realigned to recognize the value.

IPWatchdog LIVE Launches with Judge Albright; First Ever Paul Michel Award Goes to Kappos

Day one of IPWatchdog LIVE 2021 in Dallas, Texas, kicked off on Sunday, September 12, with a fireside chat between David Henry of sponsor Gray Reed and Judge Alan Albright of the United States’ most high-profile district patent court; panels on patent monetization and the Patent Trial and Appeal Board (PTAB) post-Arthrex; and IPWatchdog’s first ever Paul Michel Award, which went to David Kappos of Cravath Swaine & Moore.

IPW Webinar: Using Patent Analytics to Identify Innovation Growth Areas – A deep-dive analysis of innovation in the air taxi space

Patents are forward-looking indicators of where a company is planning to, or already, focusing its innovation efforts. Not only can you see where a specific company is focusing innovation efforts, but patent analytics can identify entire industries that are growing at rapid rates. During this webinar, we will discuss key findings from a deep-dive analysis performed by Kolin Schunck at…

IPW Webinar: Brand Wars: China Steps Up to the Plate Against Trademark Squatters

For the past four decades foreign companies have been confronted with Chinese trademark squatting. Trademark squatting, in which someone else registers your trademark, suddenly prevents you from using your brand in China. Causing massive headaches every year, foreign companies are often left with little choice but to cough up huge sums to buy back the trademark, rebrand their product or…

Emerging Anti-IP Policies the Focus of Heritage Foundation Event

At today’s Heritage Foundation event in Washington, D.C., titled Restoring American Leadership in Patent Law and Innovation Policy, former U.S. Patent and Trademark Office Director (USPTO) Andrei Iancu began by lamenting the failure of decision makers to make the connection between intellectual property and innovation. Increasingly, policy makers think innovation just happens, Iancu explained, with too many believing monetization happens after the fact, rather than driving innovation. “Without IP, the free market does not participate, or does not participate to scale,” Iancu told the Heritage audience. Laurie Self, Senior Vice President and Counsel, Government Affairs, Qualcomm, agreed with Iancu and added that, without a strong patent system, there is no opportunity to maintain a strong innovation leadership position. Presumably alluding to developments such as the Biden Administration’s support for waiving IP rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) related to COVID-19 inventions and the recent Executive Order on Competition, Self said: “We are seeing a series of policies that if implemented would undermine our system… this cognitive dissonance is a threat.”

NAPP Annual Meeting & Virtual Conference

  Without a doubt, the 2021 Virtual AMC will be the “place to be” for patent prosecution practitioners. TOPICS WILL INCLUDE: Current Developments in Utility and Design Patent Law PCT – Legal Overview, Basics and Drafting Tips Developments in AI/ML – US, EPO, China, Japan – practical take-aways in drafting and prosecution Post Allowance Filing Strategies in US Responding to…

IPW Webinar: A Conversation with the Commissioner of the USPTO: A Look Inside Patent Processes at the USPTO (Free CLE Webinar)

Join us for a free CLE webinar where we will discuss the processes and policies driving the USPTO. Topics during this casual conversation with the Commissioner and Deputy Commissioners for Patents will include hot issues affecting the Office, how they ensure quality, patent examination policy, how they are using AI, and much more. We have assembled a stellar panel of…

IPW Webinar – We Did It Our Way: Women IP Trailblazers Share Their Incredible Journeys

What does a “typical” career in IP entail, and how are women faring as IP professionals? These are a few of the important questions that will be addressed by our panel of successful women who have made a mark in the IP field by taking risks and pursuing career paths that are bold and visionary.  With Diversity, Equity, and Inclusion…

USPTO Provides Guidance on Director Review Process Under Arthrex

This week, the U.S. Patent and Trademark Office announced that it would be implementing an interim rule at the agency in response to the U.S. Supreme Court’s late June decision in Arthrex v. Smith & Nephew. Today, the Office held a Boardside Chat with Drew Hirshfeld, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO; Scott R. Boalick, Chief Administrative Patent Judge; Jacqueline W. Bonilla, Deputy Chief Administrative Patent Judge; and Scott C. Weidenfeller, Vice Chief Administrative Patent Judge to explain how the interim process will work and answer questions submitted by the public. Janet Gongola, Vice Chief Judge for Engagement at the PTAB, moderated the panel.

IPW Webinar: Determining Essentiality for Standard Essential Patents: Challenges, Benefits & Solutions

One of the major challenges when licensing, transacting, or managing SEPs is that there is no public database that provides information about verified Standard Essential Patents (SEPs). Standard-setting organizations (“SSOs”) such as ETSI (4G / 5G), IEEE (Wi-Fi), or ITUT (HEVC/VVC) maintain databases of so-called self-declared patents to document the FRAND obligation. However, the SSOs do not determine whether any…

IPW Webinar: Protect Your Domains to Protect Your Brand: Identifying Trends, Highlighting Risks, and Strengthening Your Brand Online

Abuse of the domain name system (DNS) is increasing at an alarming rate. Phishing attacks, for example, doubled in volume during 2020 alone. The pharmaceutical, fashion, technology, retail, and financial services industries are among the hardest hit, with threats on the rise across the board. Trends in domain name arbitration activity provide key insights into the problem, including how brand…

IPW Webinar: Hague System Best Practices & Common Mistakes

Everything You Need to Know About International Industrial Design The Hague System for the International Registration of Industrial Designs provides a practical business solution for registering up to 100 designs in 74 contracting parties covering 91 countries. Through the filing of a single international application protection around the world for industrial designs can be achieved. Expanding a worldwide IP footprint…

IPW Webinar: The Nexus of IP and R&D: Building Greater Collaboration to Drive Innovation

The transformation of intellectual property (IP) management within commercial companies is driving the adoption of new practices and technologies to more closely align IP objectives with growth strategies, unlock greater portfolio value, and support strategic decision-making across enterprises. Nowhere is that more critical than at the nexus of IP and Research and Development (R&D), where organizations are applying IP insights…