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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...

USPTO’s ANPRM Has Major Problems

Throughout my 26 years in Congress, including three terms as Chairman of the House Judiciary Committee, there was a clear need to strengthen our patent system in order to protect the rights of innovat...

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