Patents
The United States Patent and Trademark Office (USPTO) is the cornerstone of America’s innovation engine, issuing patents that fuel technological advancement and economic growth. However, perceptions of poor patent quality, driven by vague claim language, inconsistent examinations, costly litigation, and occasional bad rulings by the Court of Appeals for the Federal Circuit (CAFC) or the […]
Analyzing the US Rejection Office Given the USPTO’s pro-rejection tendencies introduced in Part 1 of this series, one might expect the agency would function like a well-oiled machine to properly reject claims in a smooth and efficient fashion. MPEP guidance on how to examine and reject claims is extensive, straightforward and reasonable. Examples include: MPEP […]
On May 12, 2025, Contemporary Amperex Technology Co. Ltd. (CATL), the world’s leading EV battery maker, restructured its Hong Kong IPO as a Regulation S offering, barring US onshore investors, avoiding SEC oversight before its May 20 debut. This shift from a $5-8 billion target down to a near $4B raise signals the impact of […]
In 2024, the Sunwater Institute’s study Patent Quality in the United States, Findings and Suggestions for Policy Makers, determined that This outcome was observed in groups that examined chemical, mechanical, telecommunications, computer and electronical technologies. From the Sunwater Institute report, it can be estimated that TC3600 improperly rejects 15% of claims directed to electric vehicles, […]
I first met Vishal Amin in October 2013. He was Representative Lamar Smith’s senior lawyer on the House Judiciary Committee driving the Innovation Act to passage. My company had just lost its investors due to the Leahy-Smith America Invents Act’s (AIA) creation of the Patent Trial and Appeal Board (PTAB). Back then, the PTAB was […]
The U.S. Constitution constructs a patent as nothing but an “exclusive Right,” the very essence of a private property right. As such, for two centuries preceding 2006, over 90% of patent owners who won patent infringement cases were awarded injunctive relief. Infringers knew ahead of time that the courts would stop their infringement, which could […]
Rep. Darrell Issa, the Chairman of the House Judiciary Committee’s IP Subcommittee, recently introduced draft legislation titled the Litigation Transparency Act of 2024 (LTA). Issa knows this legislation is bad for inventors and startups because it was explained clearly to him in a hearing in his IP Subcommittee. You can read more about this hearing […]
I haven’t written anything for external consumption in a long time unless you count the stuff I do for UnemployedProfessors.com and my Instagram captions. After last week’s US Inventor’s call, however, I was persuaded to not only write for Paul, my favorite patent frenemy, but also change my topic to this one. It has a […]
On June 12, 2024, the House IP Subcommittee held a hearing called The U.S. Intellectual Property System and the Impact of Litigation Financed by Third-Party Investors and Foreign Entities. The hearing was about third-party litigation funding (TPLF) related to patent litigation and the perceived national security risks of hidden hostile foreign funders. Some of the […]
