For years, those seeking to weaken patent rights have claimed that we are in the midst of a patent litigation “crisis” in the United States. They have painted a picture of American businesses being bombarded with patent lawsuits. And they have argued that the answer is to diminish the power of patents, making it easier … New Study Debunks Claims of a Patent Litigation “Crisis”
A new patent bill called The PTAB Reform Act has been proposed in the Senate to replace the previously introduced Restoring the America Invents Act, which we have written about previously. This new bill has some of the same problems. Patents holders have been under threat since the Patent Trial and Appeal Board (PTAB) was … The PTAB Reform Act Will Weaken the U.S. Innovation Ecosystem
On Saturday, April 16, 2022, the New York Times posted an opinion piece called “Save America’s Patent System”, calling for an overhaul of the U.S. patent system. This piece is deeply flawed and reinforces the narrative of those engaged in weakening the U.S. patent system. Here are just a few of the key issues the … The New York Times Got It Wrong on Patents
As we explained in an earlier blog, Big Tech companies are now pushing legislation that would reverse recent reforms at the PTAB (Patent Trial and Appeal Board). These reforms have made the Board fairer and more balanced, including reinforcing Congress’s original intent that the PTAB should be a cost-effective alternative to district court litigation, not an … Why Big Tech is Seeking to Undermine PTAB Reforms
One of the most pressing issues hindering innovation in the United States is the uncertainty surrounding patent eligibility jurisprudence. Since 2005, the Supreme Court has issued four unprecedented rulings related to Section 101, the section of the Patent Act addressing determinations of what is and what is not eligible to be patented. In these rulings, … The Patent Eligibility Crisis Threatens Investments in Breakthrough Technologies
As the fight continues to protect inventors against the deep-pocketed threat of Big Tech and those who seek to engage in predatory infringement, Senators Patrick Leahy (D-VT) and John Cornyn (R-TX) introduced a piece of legislation recently that would weaken critical IP protections the USPTO had enacted to the post-grant system at the PTAB during … Leahy-Cornyn Bill Would Allow Gaming of PTAB by Big Tech
Stakeholders throughout the patent system agree that patent quality is a good thing. We all want the U.S. Patent and Trademark Office (USPTO) and its examiners to have sufficient resources to perform their exacting work, to keep patent fees from being diverted to other uses and to improve predictability in the patent system. Unfortunately, proponents … America’s Patent Crisis Isn’t About Patent Quality
Today, patent policy often seems mired in complex legal debates. For instance, the Patent Trial and Appeal Board (created in the America Invents Act of 2011) has led to five Supreme Court cases raising intricate questions and complex disputes in administrative law, the interpretation of statutes, and constitutional law. Longstanding issues in patent law, such … The Injunction Function: Why It Matters to Secure Patents as Property Rights
The National Security Commission on Artificial Intelligence (NSCAI) – a congressionally mandated, bipartisan committee, comprised of technologists, academic leaders, business executives and national security professionals – was created in 2018 “to consider the methods and means necessary to advance the development of artificial intelligence, machine learning, and associated technologies to comprehensively address the national security … National Security Commission on AI Report Highlights Need for Strengthening U.S. Patent System
While much of the recent antitrust scrutiny of Big Tech companies has focused on their abuse of market dominant positions in areas of pricing, search, advertising and publishing, there is another important area where these companies have been abusing their positions to squash competition: patents. For years now, Big Tech companies have successfully advocated for … Predatory Infringement: Another Market Abuse by Big Tech