Drafting and Prosecuting Patents to Avoid Inter Partes Review

There is no way to make a patent invulnerable to challenge in an Inter Partes Review (IPR), but there are ways to make a patent less appealing as a target for IPR and also less susceptible to a finding of un-patentability in an IPR. The authors of this paper have extensive experience in IPR as well as in patent prosecution, which gives us a unique perspective as to how our actions in procuring patents affect a client’s ability to defend those patents against a validity challenge in IPR.

Innovation and PATENT Acts Generate Considerable Political Turmoil

The Innovation Act (H.R. 9), that is currently stalled in Congress and not scheduled for a vote at the writing of this article, has generated considerable political controversy. Patent legislation never draws this type of news coverage and interest, and maybe it’s about time it did!

Opposition Continues to Build against the Innovation Act

Although it was reported out of the House Judiciary Committee in June, the Innovation Act (H.R. 9) – which, we have pointed out previously, has nothing to do with innovation – has yet to come to the House floor for a vote, and opposition to the bill continues to build. Since the organizations opposed to the Innovation Act make their points very effectively, we share with you this month - in their own words - why several organizations oppose the Innovation Act.

Two Patent Bills Are Reported Out of Committee in June

Two separate patent bills – one in the Senate and one in the House of Representatives – were reported out of committee this month and will be sent to the floor for a vote. These are both “patent” bills because they deal with changes in patent law, but neither is “patent reform” since both bills are the product of lobbyists for Big Tech and are designed to make it riskier and more expensive for inventors, small and start-up businesses, universities and patent licensing companies to assert their intellectual property rights.

Yet Another Patent Bill Is Introduced in Congress

The year began with the re-introduction of the Innovation Act (H.R. 9), a do-over of the same bill that passed in the House two years ago, but failed in the senate. As we wrote in the January Wealth of Ideas feature article, “The Re-Introduced Innovation Act Has Nothing to Do with Innovation,” this bill was crafted by lobbyists for Big Tech, and funded primarily by Google, in an attempt to weaken U.S. Patents and the American patent system.

At Last, a Patent Reform Bill that Makes Sense

It received very little fanfare when it was introduced last year, but the TROL (Targeting Rogue and Opaque Letters) Act of 2014 just came out of subcommittee as we go to press. Formulated in the Commerce, Manufacturing, and Trade Subcommittee of the House of Representatives’ Energy and Commerce Committee, this bill focuses on the true “patent trolls,” the companies that send out hundreds or thousands of letters to small businesses demanding payment for alleged infringement of a patent or patents which are often not clearly defined.

Opposition to the Innovation Act Continues to Build

Last month, we covered the re-introduction of the Innovation Act. It was H.R. 3309 when it was introduced two years ago. The current bill is H.R. 9, and they are virtually identical.

The Re-Introduced Innovation Act Has Nothing to Do with “Innovation”

The Innovation Act (H.R. 9) was recently re-introduced in the House of Representatives. While the bill has an appealing name, the reality is that it has nothing to do with “innovation” and everything to do with limiting the intellectual property rights of individual inventors, small and start-up businesses, universities and other patentees.

Record Numbers and Reduced Pendency at the Patent Office in 2014

The data is in from the U.S. Patent and Trademark Office for Fiscal 2014, and the conclusion most would reach is that innovation is alive and well in the U.S., but we still face challenges in an intensely competitive, global economy. As a federal agency, the Patent Office operates on an October-through-September fiscal year, so all of these statistics are for the October 1, 2013-through-September 30, 2014 period.

Integrating Intellectual Property into Your Corporate Marketing Plan - Part Two

November and December are often the time of year when businesses put together their marketing plans for the coming new year, so our November and December feature articles addressed how to incorporate intellectual property – most especially your company’s patents, but also trademarks, service marks and copyrights – into your marketing to best leverage the value of these key assets.