Blog Posts

Founders On Patents: Jefferson On A Farm Patent

Last week, I covered a newly digitized letter from John Q. Adams, describing the concern the PTO’s first Commissioner had regarding whether the patents he was issuing were really valid and the harms that those invalid patents were causing. Along those lines, let’s see what another Founding Father—Thomas Jefferson—had to say about a patent on…

Cisco, Google, MIT, and USPTO Team Up To Create Prior Art Archive

One of the biggest problems in patent examination is actually finding prior art.  When it comes to patents and patent applications, that’s relatively easy—examiners have access to databases of all patents and applications, and they’re well-trained in searching those databases.  But when it comes to non-patent prior art—product manuals, journal articles, standards proposals, and other…

ITC: No Public Interest In Excluding Qualcomm Competitors

Over a year ago, I filed comments at the International Trade Commission (ITC).  Those comments explained why it went against the public interest to exclude Qualcomm’s competitors products from the U.S. market based on Qualcomm’s patent infringement allegations. Last week, the ITC administrative law judge in charge of the case agreed. What’s At Stake? About…

Yet More Evidence That NPEs Are Harmful To Innovation

Profs. Cohen, Gurun, and Kominers first published a paper collecting evidence of the impacts of NPEs on innovation in 2014.  Recently, they updated the paper, incorporating additional evidence and research from the past four years.  The key takeaways? “NPE litigation has a real negative impact on innovation at targeted firms: firms substantially reduce their innovative…

Getting The Future Backwards: Iancu’s Comments On § 101 At IPO

This morning, Patent and Trademark Office (PTO) Director Iancu gave remarks at the Intellectual Property Owners Association (IPO) Annual Meeting.  Perhaps unsurprisingly, given IPO’s efforts to legislatively overturn the Supreme Court’s recent cases reinforcing the bar on patents on products of nature and abstract ideas, Director Iancu’s remarks focused on patentable subject matter—§ 101. While…

CCIA, ACT File Amicus Brief In FTC v. Qualcomm

Yesterday, CCIA and ACT filed an amicus brief in the FTC’s case against Qualcomm in the Northern District of California.  As explained in the brief, the FRAND obligation which patent owners voluntarily agree to when they participate in the development of a standard requires the owners of standard-essential patents to license their patents on “fair,…

Markup Of New SUCCESS Act Should Keep In Mind Recent Problems At PTO

Today, the House Judiciary Committee is scheduled to markup Rep. Chabot’s newly-introduced SUCCESS Act, which is itself a combination of portions of two other bills Patent Progress has covered: Reps. Comstock and Adams’ SUCCESS Act, and the fee-setting authority contained within Rep. Chabot’s BIG DATA for IP bill. Each bill is individually worthwhile.  The SUCCESS Act…