E-mail Newsletter

  • Enter your e-mail address below to receive the "Patent Docs" e-mail newsletter.

Enter your email address:

Delivered by FeedBurner

Contact the Docs

Docs on Twitter


About the Authors

  • The Authors and Contributors of "Patent Docs" are patent attorneys and agents, many of whom hold doctorates in a diverse array of disciplines.

Disclaimer

  • "Patent Docs" does not contain any legal advice whatsoever. This weblog is for informational purposes only, and its publication does not create an attorney-client relationship. In addition, nothing on "Patent Docs" constitutes a solicitation for business. This weblog is intended primarily for other attorneys. Moreover, "Patent Docs" is the personal weblog of the Authors; it is not edited by the Authors' employers or clients and, as such, no part of this weblog may be so attributed. All posts on "Patent Docs" should be double-checked for their accuracy and current applicability.

  • Law Blogs

Become a Fan

« USPTO Expands and Extends Patent Prosecution Highway Programs | Main | Defendants' Response to Myriad's Preliminary Injunction Motions »

September 18, 2013

Comments

The profession doesn't have a patent troll problem. It has a litigation cost and responsibility problem. As usual, Washington is good at finding problems - but the framing is typically off and the solutions worse. If these senators want to help deal with this problem, adopt the English Rule for patents. But I suspect that will be unacceptable to the 800 lb gorilla law firms that dominate the profession, not to mention the litigation bar, a major Democrat Party interest group. So at best we will be left with another hairsplitting complex solution that, like most Washington products these days, will make litigation even more expensive.

Didn't Leahy also bring us the AIA?

Hmm, the patent process longer, more expensive and rights more uncertain.

Any equation of 'value' that I know of readiliy indicates what direction the AIA leads to.

Do we really want the same mindset 'fixing' the litigation problem (seeing as patent rights are naturally enforced through litigation)?

I am VERY...

Being on the same side of a patent issue as Jon Dudas makes me feel queasy; seeing Leahy trying to "fix" the patent system (again) makes me nauseous. I see this heading in the same direction as the AIA - favoring large, established companies over small operations. They'll shut down IV and WARF, but Apple, MS and IBM will still be free to enforce their junk patents because they ostensibly actually make stuff.

"Congress is serious about combatting the perceived problem of 'patent trolls.'"

Andrew,

You characterized the so-called "patent troll" problem correctly: a "perceived" problem. Leahy and his ilk have already burdened us with the AIA (Abominable Inane Act). We don't need more nonsense like this from these inept Congressional lackeys.

Just to be clear, isn't there still something of a working requirement for federally funded/owned inventions via licensing restrictions? Cf 35 USC 209.

The comments to this entry are closed.

April 2014

Sun Mon Tue Wed Thu Fri Sat
    1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30