Tag Archive for patent quality

Chamber of Commerce Patent System Ranking Is Built On A Shaky Foundation

The Chamber of Commerce produces a yearly ranking of intellectual property systems around the world.  This year, they dropped the U.S. patent system to 12th.  If I thought their rankings had any merit, I might be concerned by this change.  Unfortunately, their analysis is flawed and based on complete misrepresentations of reality. So, What Happened?…

Innovation Is Alive And Well—R&D

As part of Patent Progress’ series on innovation in the United States, we are examining ways to measure innovation.  One useful metric, measuring the investment being made in the creation of new and innovative technologies, is research and development spending.  This metric tends to show the investment in innovation, in particular by larger companies.  And…

Dear Director Iancu

So, you’re Andrei Iancu, about to be the newly confirmed Director of the United States Patent and Trademark Office.  What are the first things you put on your agenda? I have some suggestions. Eliminate Contingent Amendments As an initial matter, the PTAB’s practice of allowing contingent amendments needs to end.  Essentially, this allows patent owners…

Patent Links and Articles To Read By The Fire

With the weather as cold as it’s been in DC lately, I’ve been spending a lot of time reading by the fire.  And what better way to use that time than to read about patents!  For those of you, like me, for whom that sounds like fun—here’s a few things I’ve run across lately that…

Guest Post: A Balanced Patent System to Protect Innovation

Today I’m pleased to present a guest post from Dan Lang, VP Intellectual Property at Cisco. Now more than ever we need a strong patent system which strikes the right balance so that intellectual property rights encourage innovation rather than financial gamesmanship.   The need to prevent a copyist competitor from reaping all the rewards of…

It’s The Claim Language—Except When It Isn’t

Last week, the Federal Circuit handed down a decision in Visual Memory v. NVIDIA, deciding that the Visual Memory1 cache patents are patent-eligible under § 101. Unfortunately, in doing so the Federal Circuit makes the same mistake they’ve made a few times now—they’ve looked at the specification, not the claims, in order to justify finding…

The PTO’s § 101 Summary Report

One of the most important developments over the past few years is the Supreme Court’s decision in Alice v. CLS Bank – a decision that articulated a distinction between patent-eligible inventions, and patent-ineligible abstract ideas.  The Alice decision has enabled many companies, including small businesses, to defend themselves from baseless patent infringement lawsuits based on…

Comments to the USPTO on AIA Trial Procedures

On July 6, the Computer and Communications Industry Association submitted comments on America Invents Act (AIA) trial procedures in response to the PTO’s ongoing request for such feedback, most recently at the PTAB Judicial Conference in June. Our comments, briefly summarized, are that: The inter partes review (IPR) procedure has been successful in providing an…