Dr. Ron Katznelson's article in IP Watchdog: Can the Supreme Court's erosion of patent rights be reversed? is worth reading. Dr. Katznelson argues the Supreme Court series of patent cases in the last decade (since the eBay decision in 2006) have eroded the value of patents in the USA and predicts adding a new justice is unlikely to reverse it.
Copyright © 2017 Robert Moll. All rights reserved.
Showing posts with label patent law. Show all posts
Showing posts with label patent law. Show all posts
Thursday, March 9, 2017
Wednesday, April 8, 2015
EFF - Bringing Transparency to Patent Law
Tonight, I suggest reading Electronic Frontier Foundation's (EFF's) article Bringing Transparency to Patent Law.
I worked with Michael Barclay while at WSGR 1993-1998, and he is a great guy. Here's part of the article:
"Previously, the Federal Circuit issued many of its orders for free on its website. They were not necessarily easy to search, but it was at least possible to search by party name or download all orders they issued. But at the end of 2014, the Federal Circuit announced a new policy. Instead of publishing most orders, the Federal Circuit would only publish “selected” orders. (To be clear, PACER is still available, but it is notoriously difficult to navigate and charges both to search and download information. We’re not fans of PACER.)
Unfortunately, “selected” orders seems to mean “few if any” orders. Since the new policy went into effect, only 6 orders have been made freely available (compare that to the quarter from July 1, 2014 to September 30, 2014, where the Federal Circuit published over 180 orders).
We’re concerned that the new Federal Circuit practice is limiting the availability of the public to understand how our courts work. The Federal Circuit hears all appeals in patent cases so its recent practice is especially disappointing since it comes at a time when interest in patent law, and possible reform, is very high."
Copyright © 2015 Robert Moll. All rights reserved.
I worked with Michael Barclay while at WSGR 1993-1998, and he is a great guy. Here's part of the article:
"Previously, the Federal Circuit issued many of its orders for free on its website. They were not necessarily easy to search, but it was at least possible to search by party name or download all orders they issued. But at the end of 2014, the Federal Circuit announced a new policy. Instead of publishing most orders, the Federal Circuit would only publish “selected” orders. (To be clear, PACER is still available, but it is notoriously difficult to navigate and charges both to search and download information. We’re not fans of PACER.)
Unfortunately, “selected” orders seems to mean “few if any” orders. Since the new policy went into effect, only 6 orders have been made freely available (compare that to the quarter from July 1, 2014 to September 30, 2014, where the Federal Circuit published over 180 orders).
We’re concerned that the new Federal Circuit practice is limiting the availability of the public to understand how our courts work. The Federal Circuit hears all appeals in patent cases so its recent practice is especially disappointing since it comes at a time when interest in patent law, and possible reform, is very high."
Copyright © 2015 Robert Moll. All rights reserved.
Monday, November 17, 2014
USPTO - Roundtable on International Harmonization of Substantive Patent Law on November 19, 2014
The USPTO is hosting a roundtable on international harmonization of substantive patent law on November 19, 2014:
"The United States Patent and Trademark Office (USPTO) is seeking input on certain matters relating to the international harmonization of substantive patent law. In view of the importance of harmonization of substantive patent law to the successful reutilization of the examination work of one intellectual property office by another, or work sharing, the USPTO is particularly interested in stakeholder comments on the following key patent examination-related issues the definition and scope of prior art; the grace period; and standards for assessing novelty and obviousness/inventive step. To assist in gathering this information, the USPTO is holding a public roundtable which interested members of the public are invited to attend."
When: Registration at 8:00 am and roundtable at 8:30 am
Where: USPTO, 600 Dulany Street, Madison Auditorium, Concourse Level, Alexandria, VA 22314.
It seems the international harmonization discussion should include 35 USC 101 patent eligibility.
Copyright © 2014 Robert Moll. All rights reserved.
"The United States Patent and Trademark Office (USPTO) is seeking input on certain matters relating to the international harmonization of substantive patent law. In view of the importance of harmonization of substantive patent law to the successful reutilization of the examination work of one intellectual property office by another, or work sharing, the USPTO is particularly interested in stakeholder comments on the following key patent examination-related issues the definition and scope of prior art; the grace period; and standards for assessing novelty and obviousness/inventive step. To assist in gathering this information, the USPTO is holding a public roundtable which interested members of the public are invited to attend."
When: Registration at 8:00 am and roundtable at 8:30 am
Where: USPTO, 600 Dulany Street, Madison Auditorium, Concourse Level, Alexandria, VA 22314.
It seems the international harmonization discussion should include 35 USC 101 patent eligibility.
Copyright © 2014 Robert Moll. All rights reserved.
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