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 […]
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 […]
As we are well aware, the patent examination process is complex. USPTO personnel, USPTO technology, inventors, and patent applicants can and do make mistakes. Regardless of how an error arises, there should be a workable, reliable, and consistent petition process to address and correct errors. When it comes to financial mistakes, 35 USC 42(d) authorizes. […]
The Patent Trial and Appeal Board (PTAB) effectively invalidates 84% of the patents it fully adjudicates. That fact comes directly from the U.S. Patent and Trademark Office’s (USPTO) PTAB Trial Statistics FY23 End of Year Outcome. This astronomical PTAB invalidation rate has effectively shut down investment in early-stage startups, particularly in vital sectors that require […]
Inventors naturally solve problems that others have not. Tom Waugh had a successful business in Alabama, providing fittings and parts for utility poles and electrical systems. Utility poles must be strong and durable, especially tall ones with many lines. The metal utility poles that existed before Tom got involved required taking large sheets of metal […]
On April 26, 2024, Representatives Thomas Massie and Marcy Kaptur introduced the Restoring America’s Leadership in Innovation Act (RALIA) in the House Judiciary IP Subcommittee. RALIA is one of those rare bills that actually does what its title says it does. RALIA restores America’s leadership in innovation, which is very much in the interest of […]
In the U.S. Senate, there is a push to markup the Patent Eligibility Restoration Act (PERA) and the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL). Both are patent-related legislation introduced in the Senate, and PREVAIL has been introduced in the House. The recent lobbying blitz by those on all sides of the […]