Posts
Follow the Founders and Insist on Review of Unjust Monopolies Created by Invalid Patents
This post draws from and summarizes a forthcoming law review article from the author. The full article is available on SSRN.
A patent is a monopoly, for a certain time, on the sale of something fo...
Patent Office’s Proposed Restrictions on Validity Review Would Hurt Small- and Medium-sized Enterprises
New rules floated by the U.S. Patent and Trademark Office (USPTO) in its April Advance Notice of Proposed Rulemaking (ANPRM), followed by the PREVAIL Act’s introduction in Congress, have generated c...
Public Interest Provisions in the Advancing America’s Interests Act
This post initially appeared in the R Street Institute’s ITC Policy Project Series.
The recently reintroduced Advancing America’s Interests Act (AAIA) revises the 19 U.S. Code § 1337 – Unfai...
Analysis of Comments Shows Strong Public Opposition to ANPRM, PREVAIL Proposals
Recent Patent Progress posts have focused on the harmful and overlapping policy proposals contained in the USPTO’s Advance Notice of Proposed Rulemaking (ANPRM) and the PREVAIL Act. As it turns out,...
Helping NPEs PREVAIL Over Innovators
Last month, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL) Act. Under the guise of promoting...
Proposed Multiple Petition Reforms Far Exceed the Problem’s Scope
When the U.S. Patent and Trademark Office (USPTO) released its Advance Notice of Proposed Rulemaking (ANPRM) related to America Invents Act trial proceedings in April, the agency noted that it is “c...
USPTO Should Conduct Expedited Reviews for Discretionarily Denied PTAB Petitions
The USPTO's invalidation of both patents involved in the ongoing legal battle between Intel and VLSI is the most recent development in a long and contentious debate among those who watch Patent Trial ...
New Patent Office Proposals Will Backfire on Small Businesses
When my business was sued for patent infringement, I was caught off guard. In my case, we happened to be the target of a baseless lawsuit from a larger competitor, but for many businesses in a similar...
ANPRM’s Ex Parte Reexamination Proposals are Deeply Flawed
The U.S Patent and Trademark Office’s (USPTO) Advance Notice of Proposed Rulemaking (ANPRM) has spurred a range of commentary and criticism—mostly the latter—from current and former members of C...