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 […]
Julie Burke has a PhD in Biochemistry from the University of London College of Science, Technology, a ...
In 2007, the United States led the world in 60 out of 64 technologies critical to our economic and national security. However, warning signs that a shift had occurred emerged in 2018 when it was reported that China accounted for 48% of global Artificial Intelligence (AI) startup funding in 2017, surpassing the U.S., which held […]
With Robert Kennedy, Jr. making the rounds in Congress for his confirmation, many institutions do not like what he has to say about the American food industry, the ag industry, the pharmaceutical industry, the fast-food industry, and more. President Trump has stated that the health of our nation is something that must be addressed, and […]
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 […]
In the intricate framework of America’s founding documents, patent protection holds a specific and distinct place, reflecting the wise foresight of the founding fathers of our great country. The prominence of patent protection in the US Constitution was no afterthought; on the contrary, it emerged as a pivotal instrument to foster innovation, promote progress, and […]
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 […]