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

September 18, 2013


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.'"


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.

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