Tag Archive for patent quality

Senate Hearing on Patent Quality Today

Later today, the Senate will hold a hearing on how Congress can help prevent the issuance of poor quality patents.  I recently testified at a hearing on the STRONGER Patents Act and patent quality was one of the topics discussed.  In fact, in my responses to questions for the record from Sen. Tillis, I addressed…

The Federal Circuit On The Public Notice Function Of Patents

On Wednesday, the Federal Circuit issued its decision in Amgen, Inc. v. Sandoz, Inc.  The decision—mostly focused on the specifics of certain biosimilar production claims—also includes a brief discussion that illustrates one of the reasons that many of the patents issued by the USPTO create a chilling effect on public innovation.

USPTO Releases 2018-2022 Strategic Plan

The USPTO released the final version of its 2018-2022 Strategic Plan today.  I previously wrote about the flaws in the draft strategic plan.  The draft plan did, however, at least note the importance of stakeholder engagement.  To assist in this goal, the Office asked for comments on the draft. In fact, the released strategic plan…

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…

Further Evidence That Examiners Can Be Incentivized To Improve Patent Quality

Patent Progress has previously covered the research of Profs. Wasserman and Frakes regarding structural incentives at the USPTO that affect examiner behavior.  A new paper in the AIPLA Quarterly Journal, written by Eric Blatt and Lian Huang (both former examiners), examines another area in which examiner incentives affect behavior—the Signatory Authority Review Program.

The Patent Examination Process Shouldn’t Be An Oversight

Director Iancu will be appearing for his first oversight hearing tomorrow, Wednesday, April 18.  This follows on his recent speech at the Chamber of Commerce, at which he emphasized two areas of focus: Patent rights should be more predictable and the system should be more stable. When discussing the patent system, dialogue should be more…

April Madness Is Here

March Madness is over, with the Big Ten not taking home a championship.  (A sad day for Michigan fans like me.) But that’s okay—in April, the Big Ten Network has plenty to keep busy with.  Baseball, softball, tennis, track and field, rowing… And patent lawsuits. At-Home Broadcasting About a decade ago, the Big Ten created…

Fee-Setting Reauthorization Bill Introduced In Senate

Senator Coons has long been interested in strengthening patents.  While some of his efforts, like the STRONGER Patents Act, would actually harm the U.S.’s innovation economy by strengthening patents at the expense of innovation, his latest bill is different. Last week, Senator Coons (along with Senator Hatch) introduced the Building Innovation Growth through Data for…