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« AMP v. USPTO -- Briefing Update III | Main | Biotech/Pharma Docket »

February 09, 2011

Comments

Kevin,

Well, the Phoenix once more arises from the ashes. S. 23 is no more palatable to me than was S. 515 and its predecessors. S. 23, like S. 515 and its predecessors, still basically fails to directly address the fundamental problem, which is the initial patent examination process in the PTO. Post-grant opposition doesn't do it, and the PTO doesn't have the resources to administrate post-grant oppositions effectively or timely, as evidenced by the tardiness in administering reexams. Calling S. 23 "reform" is simply a fraud, as others have said.

There is no way that the USPTO can get itself on firm footing any time very soon, unless the legislature stops raiding its revenue. Michel is correct; putting an end to fee diversion is essential. All other patent reform issues pale in comparison.
http://www.aminn.org/patent-reform-threatens-weaken-patent-protection-and-undermine-u-s-technological-competitiveness

Kevin, I just wanted to let you know that the first sentence says "Patent Reform Act of 2010" instead of 2011, which I think would help make this great post easier to search for. Thanks!

We in the patent community are fortunate to have Michel as an advocate for these issues. I particularly appreciate his urging of the new IP Subcommittee to pay more heed to start-ups, rather than continuing Congress's inordinate focus on the needs of large corporations. Since some of our legislators are probably shareholders in some of those large corporations, however, I don't know how likely they are to change their ways.

I want t know does this legislation allow the non inventor to file for a patent that he or she did not invent. It is my ubderstanding that the patent will be awarded to the first to file not to the actual inventor. Can you clear this matter up for me?

Thank you

Edwin Clifton Catron

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