The Patent Backlog Cannot Be Solved With Harmonization
EDITORIAL NOTE: What follows was submitted by Ron Katznelson as a comment to Why a Global Patent System is a Bad Idea, which took issue with the articulate position of Microsoft’s Deputy General...
View ArticleMaking the Case Against First to File
NOTE: This was originally written as a comment to my article Much Ado About Nothing Over First to File. It is posted here as an article with the permission of Ron Katznelson. ************************...
View ArticleMy 2010 wishes for the U.S. Patent Examiner
EDITORIAL NOTE: What follows is a portion of a longer essay by Ron Katznelson, which contains more information including statistical data on the work of the U.S. Patent Office. It is published first...
View ArticleThe America Invents Act’s Repeal of Secret Commercial Use Bar is...
The effort to shoehorn foreign patent priority concepts and torture a well-developed 200 year-old American patent system that has a proven record as the best in the world into foreign structures that...
View ArticleHere they go again – this time with the Patent SHIELD Act
Indeed, the bill’s co-sponsor acknowledges and states “[t]his bill combats the problem of patent trolls by moving to a ‘loser pays’ system for software and hardware patent litigation.” However, the...
View ArticleThe America Invents Act at Work – The Major Cause for the Recent Rise in...
It is ironic and highly likely that the AIA – the legislation touted by its proponents as the instrument to reduce the number of costly patent lawsuits – is in fact the major cause for their increase...
View ArticleWill Congress Succumb to the Sirens’ Song and Take-Over the Judiciary’s Case...
A troubling fundamental aspect of the proposed mandatory stay is that it would chip away at the quid pro quo of the patent bargain. To ensure the Constitutionally-protected exclusive right, patent...
View ArticleQuestionable Science Used to Misguide Patent Policy
Other important positive externalities of patent enforcement, including by NPEs, may be realized when competitors are encouraged to design-around the asserted patent. Incentives to design around...
View ArticleDoes the law of innovation work against itself?
There is nothing wrong with academics obtaining research funding from corporate sponsors, and to Professor Tucker’s credit, she fully discloses her funding sources. It is important, however, to fully...
View ArticleBiased Findings on Patent Licensing Belie Clear Empirical Evidence
They found that citations were elevated for licensed patents. Moreover, most citations occurred after the patent was licensed. That licensing of patented technology increases its diffusion and...
View ArticleHow misleading scholarship contorts patent enforcement into a Patent Troll fable
One of the largest risks for a successful technology-based small business, startup, or individual inventor, is success itself—successful inventions invite predation by large market incumbents. The only...
View ArticleThe patent ‘troll’ fables of the automobile industry
The “troll” narrative of Nakajima and Snow will have us believe that any patent lawsuit to resolve a dispute constitutes abusive litigation. Economic folklore devoid of scale and proportion should not...
View ArticleThe Inspector General’s Report Alleging PTO Examiner Time and Attendance...
On August 31, 2016, the Office of the Inspector General (OIG) of the U.S. Department of Commerce (DOC) released a report titled Investigative Report on Analysis of Patent Examiners' Time and...
View ArticlePre-Grant Publication – The perilous deviation from the patent bargain that...
The fundamental patent bargain has been perilously breached by forcing publication on every application. Sound policy would have avoided upsetting the core patent bargain – disclosure upon grant of...
View ArticleCan the Supreme Court’s erosion of patent rights be reversed?
The resulting decisions reveal the Supreme Court’s holistic outlook as a generalist court concerned with broad legal consistency rather than fidelity to patent law’s underlying specialized and unique...
View ArticleThe Patent Bargain and the Fiction of Administrative ‘Error Correction’ in...
In justifying the constitutionality of the inter partes review (“IPR”) statute enacted by the America Invents Act (“AIA”), a common refrain persistently asserted is that patent rights emanate solely...
View ArticlePinning False Blame of Lack of Enablement In Issued Patents On the USPTO
Last week, the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet, held an oversight hearing on the U.S. Patent and Trademark Office (USPTO) with Director Andre Iancu as...
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