Posts Tagged: "patent legislation"

I fail to see how the increase in individual suits suggests in any way, shape or form that the AIA has failed. Because there was a spike in litigation leading up to September 16, 2012, and because the AIA by its express terms requires more patent infringement cases of smaller scope, patent reform has failed. Unbelievable! How can something fail when it is working as intended?

Yesterday Congressman Peter DeFazio (D-OR) and Congressman Jason Chaffetz (R-UT) introduced the Saving High-tech Innovators from Egregious Legal Disputes Act, or SHIELD Act for short. If ever passed into law the SHIELD Act would ostensibly adopt a variation on the English Rule, where the losing patent owner pays the legal fees of the victorious patent defendant when there was no “reasonable likelihood” that the patentee would prevail in the litigation. If theAct required a claim chart upon filing, applied across the board to all those who would seek to manipulate the patent system and not just computer/software patents and defined “reasonable likelihood of success” I would be on board with both feet.  As it is, I am on board with one foot and hopefully that improvements can be made to this important piece of legislation.

Under the “first to file” AIA regime, the effective prior art date is what prior art exists before the U.S. patent filing date. In other words, the U.S. patent applicant no longer has the luxury of that potential up to one year “window” after the invention date. Instead, the danger of intervening prior art by others steadily (and potentially exponentially) increases as time passes between the invention date and the U.S. patent filing date. Put differently, U.S. patent applicants are now really in a “race to the U.S. Patent & Trademark Office (USPTO)” to minimize the ever increasing danger of intervening (and accumulating) prior art coming into play. For the Goliaths, they’ve been existing in this situation for many years because the rest of the world (ROW) is “first to file.” But for the American Davids, “first to file” under the AIA is going to be culture shock of the worst, and most expensive kind, with time pressure that these Davids aren’t prepared or trained to handle.

Realistically, I understand full well that it is unlikely that Congress will bother themselves with reform efforts that are sensible, at least at the moment. It is also unlikely that innovators will be adequately represented in any reform efforts once they do arise. It seems that the power structure in Washington, D.C. believes that the term “innovator” and “big business” are synonymous, which surely they are not. It is also unlikely the Senate will move beyond the legislation Senator Leahy wants so badly but can’t seem to move. Thus, if we really want sensible reform that actually raises up the Patent Office and guarantees the value of patents for innovators we need to be ever vigilant.

Talk about turn of events.  Earlier today I posted an article regarding how patent reform legislation is not certain because it is conceivable that there will not be enough votes for the bill on the floor of the Senate.  As I was writing that post the House Judiciary Committee was holding hearings on patent reform, and the hearing did not…

As of today, legislative patent reform efforts are working their way through Congress. We are further along the road to legislative reform than at any point in time over the last 4 years, but the ultimate outcome is still not certain. The Senate Judiciary Committee has reported out a version of patent reform, so there is a real expectation that…

I recently received an e-mail from Ron Katznelson, who is the Founder and President of Bi-Level Technologies in Encinitas, CA.  Dr. Katznelson is a named inventor in more than 25 U.S. patents and his research and development interests include optimal signal design, digital RF signal processing, digital television, signal representation & sampling theory, intellectual property management and patent law.  Over…

Patent reform will once again take center stage this week when Senators on the Judiciary Committee discuss the Leahy-Hatch patent bill in an Executive Business Meeting scheduled for Thursday, March 26, 2009, at 10:00 a.m., in the Dirksen Senate Office Building, Room 226. With patent reform in the air and seemingly rushing through the Congress, it was believed that the…

According to Reuters, Senator Orrin Hatch (R-UT) says that the House and Senate are close to agreeing on language for a patent reform bill that would virtually ensure its passage. According to Hatch, patent reform will happen this year, saying that he would be shocked if patent reform was not enacted in 2009. Hatch says “[th]is is the closest we’ve…

The Chairman of the Coalition for 21st Century Patent Reform, Gary Griswold, released the following statement after the introduction of The Patent Reform Act of 2009, in the U.S. Senate and U.S. House of Representatives. The bills introduced in the House and Senate today contain several provisions that did not have sufficient support to become law because of the potential…

U.S. Reps. Don Manzullo (R-IL) and Mike Michaud (D-ME) today said the latest patent reform bill introduced in the House and Senate this afternoon would actually weaken intellectual property protections for American manufacturers and put hundreds of thousands more Americans on the unemployment lines.

PRESS RELEASE: Suffern, N.Y., March 4, 2009 – General Patent Corporation (GPC), a leading patent licensing and enforcement company providing assistance to small inventors and entrepreneurs throughout the United States, announced its disappointment with the latest Congressional initiatives to reform America’s patent laws. With the nation expecting more from the new Congress and the newly-elected Obama administration, it was hoped…

The IPO is reporting that momentum for patent reform has been lost in the Senate and that Senate Majority Leader Harry Reid will not bring S. 1145 to the floor for action until at least after the Senate returns from recess at the end of March. Notwithstanding, my sources tell me that if patent reform does not happen by the…