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« Court Report | Main | Follow-on Biologics News Briefs - No. 13 »

September 20, 2010


"IPO is generally in favor of the bill's provisions aimed at improving patent quality, including allowing third parties to submit prior art for at least six months after publication and the new first-window post-grant review proceeding."

The present re-exam procedure is already abused by infringers who file sequential requests to a PTO that is all too eager to grant. As judge Michel says, the present 'substantial new question of patentability' standard is "hardly any standard at all". Let's not make matters even worse.

Just because they call it “reform” doesn’t mean it is. Please see http://truereform.piausa.org/ for a different/opposing view on patent reform.

Many will particularly welcome the inclusion of a "competitive injury" provision as limitation on false marking patent suits. In other respects, however, I find the proposed patent reform act inadequate in confronting the patent system's current, urgent concerns.

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