Posts in PATENT Act


Revising Section 101 of the Patent Act: What’s at Stake?

These revisions favor patent owners, according to Palmer, but not everyone is supportive. For instance, Bilski, Mayo, Myriad, and Alice have given several accused infringers an additional …

PTAB Appellants Must Pay USPTO’s Attorneys’ Fees Regardless of Outcome of Appeal

In Nantkwest v. Matal, the Federal Circuit reversed the Eastern District of Virginia’s denial of the USPTO’s request for attorneys’ fees in connection with Nantkwest’…

Supreme Court Eliminates Key Defense in Many Patent Infringement Suits

In a strong reversal of the Federal Circuit, the US Supreme Court held in SCA Hygiene Products Aktiebolag v First Quality Baby Products, LLC, No. 15-927 (March 21, 2017), …
By Rob Kramer & Joel Bock
2 years ago 0

Stepping Back from the Cliff: The Year Congress Didn’t Cave to the Anti-Patent Lobby

For a many years, the pied pipers of the anti-patent lobby whistled the patent troll melody and Congress, desperately in need of a glorious bipartisan victory, pushed …

No Bridge Over the Troubled Waters of Section 101

The waters surrounding Section 101 of the Patent Act are as muddied as they come. The statute sets forth only in broad strokes what inventions are patentable, leaving …

Should Section 101 of the Patent Act be Removed

David Kappos, the director of the USPTO under President Obama from 2009 to 2013, recently called for congress to repeal section 101 of the patent act. According to Kappos, the …
By Daniel Cole
2 years ago 39

Congressman Issa calls patent trolls and plaintiffs interchangeable during ITC hearing

The Subcommittee is Chaired by Congressman Darrell Issa (R-CA), who has been an outspoken advocate for the need for more patent reform in order to provide relief …

Patent Reform Returns: Venue Reform Bill to be introduced in Senate

While widespread patent reform seems unlikely during the remainder of the 114th Congress, targeted patent reform is another matter entirely. Indeed, the Senate Committee on Small Business & …
By Gene Quinn
3 years ago 7

Senate Small Business Committee hearing focuses protecting rights of patent owners

Committee chairman Senator David Vitter (R-LA) began the hearing by speaking about the importance of a strong patent system to small businesses all over America, as well …
By Steve Brachmann
3 years ago 5

Institutional Challenges to a Reliable Patent Regime for Inventors

What we can, and should, address are institutional challenges. Regrettably, our institutional approach to patents has only further challenged small business and diminished innovation. Those challenges come …
By Brian O’Shaughnessy
3 years ago 6

Ted Cruz has much in common with Abraham Lincoln, thanks to patents

For Cruz his depth of sincere appreciation and awareness of the role patents and private property rights comes from his meager roots, from his work as an …
By Peter Harter & Gene Quinn
3 years ago 2

Patent Reform at all Costs: Desperate reformer resorts to lies

It is pure nonsense to say that opponents of patent reform never offer specifics, cite or discuss textual language of the bills. Utter fiction and complete fantasy. …
By Gene Quinn
3 years ago 7

Patent Reform in 2016, Maybe Not as Dead as you Think

As interesting as the Senate may become when patent reform resurfaces, the dynamic in the House will be fascinating for many reasons. Since patent reform stalled there …
By Gene Quinn
3 years ago 13

Senator Grassley talks about patent reform at Iowa town halls

The first meeting this week was in Grundy Center, IA, during which a question about patent reform was asked. Grassley answered that he was trying to stop …
By Paul Morinville
3 years ago 12

The Year in Patents: The Top 10 Patent Stories from 2015

It is that time once again when we look back on the previous year in preparation to close the final chapter in order move fresh into the …
By Gene Quinn
3 years ago 0