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First to file and first to invent

This tag is associated with 15 posts

Another Wolf Cry? Patent Reform Vote Imminent

After years of speculation and debate, this latest implementation of patent reform (H.R. 1249) could move quickly through the senate this week.  The best hope for those opposed to the bills dramatic changes would be an amendment allowing the USPTO to keep the fees it generates.  An end to the controversial “fee diversion” practice, a … Continue reading

Famous Last Words: US Patent Reform (Far From) A Reality

Call it the blogger’s jinx. Like clockwork, Joff Wild at IAM writes: US patent reform may finally be about to become reality, suddenly, the entire bill starts to unravel. First, the US Supreme Court gives ammunition to reform opponents by repeatedly reiterating the primacy of the inventor. While the USBIC’s statement was harshly criticized by … Continue reading

Another Reason To Oppose Patent Reform

Virtually every major stakeholder is saying the bill is fine. — David Simon, Intel (quoted in a Dow Jones article about patent reform) (emphasis mine). Both S.23 and H.R.1249 give large companies incentive to flood the patent office with thousands of provisional applications based on employee submissions, effectively blocking independent inventors that lack the resources … Continue reading

America Invents Act: Un-American Patent Reform

The current patent reform bills (S.23 and H.R. 1249) are proposed to promote “global harmonization.”  In other words, the changes they suggest would make our patent system look and act more like systems in effect in other countries.  This has led critics to sharply oppose this effort, and laid the groundwork for a partisan split … Continue reading

Sub-Prime Patent Coverage From The Independent

Stephen Foley, evidently a prolific writer for the UK journal The Independent, evidences fundamental misunderstandings of the patent system. After oversimplifying the “mortgage crisis” in America, Foley relates the phenomenon to the US patent system: Now consider the US patent system. An explosion in the number of patents being filed with the US Patent and … Continue reading

Patent Reform Boosters Invent Facts To Combat Real Arguments

Ideologically speaking, I can’t support something when that thing’s supporters resort to lies and misdirection to “prove” why I should support it.  So, just add this to the list of reasons why I oppose patent reform: Determined to battle what he calls “misinformation and distorted commentary” about first-to-invent, Kappos and his team turned to the … Continue reading

Congressman Proposes Sensible, Two-Step Patent Reform Process

Earlier today I reprinted a statement from Maine Congressman Michaud voicing his opposition to the proposed patent reform bill (pdf). The most salient point from Michaud: Patent reform should focus on addressing the Patent and Trademark Office’s backlog, first, and do no harm, second. By far, the least controversial aspect of patent reform are the … Continue reading

Rep. Michaud Reacts to House Patent Reform Bill

Responding to the introduction of the America Invents Act, Maine Congressman Mike Michaud just released the following statement: “I am disappointed and concerned with the ‘America Invents Act.’ Patent reform should focus on addressing the Patent and Trademark Office’s backlog, first, and do no harm, second. As introduced, this bill would be bad for American inventors, … Continue reading

House Patent Reform Bill Broadens Prior User Defense

I received a copy of what appears to be the House version of the Patent Reform bill (also dubbed the “America Invents Act”).  Just like S.23, the house version includes the poorly drafted first-to-file provisions and the post-grant review procedures.  The House also appears to be catering to the tax and financial industries by maintaining … Continue reading

Finding A Patent Attorney Takes Time, But How Much Will You Have?

From an interview with a Dallas-based attorney: “If somebody comes to you with an invention they’re excited about, if you care about your craft, you’re going to be excited about it,” Munck said. “They’re bringing you what they consider their baby, and you should want to see it the same way. That’s our job.” Finding … Continue reading