Category Patents/Designs/Trade Secrets

Attorneys: New USPTO Patent Appeals Rules Will Raise Costs, Accomplish Little

By Dugie Standeford for Intellectual Property Watch
New United States Patent and Trademark Office procedural rules governing ex parte appeals of rejected patent applications before the Board of Patent Appeals and Interferences (BPAI) have met with resistance from some patent attorneys, who argue they are unfair, unnecessary and will hurt smaller and foreign patent applicants. The USPTO said it adopted the rules, effective 10 December 2008, to streamline the handling of a growing number of such appeals.

General Electric’s View On Green IP And Technology

General Electric’s Ecomagination is an initiative launched in 2005 as a gathering/focal point for extant green technology as well as new research and development into clean technology. Ecomagination’s products include technologies for cleaner energy, notably wind turbines for collecting wind…

Panelists: Balance Needed Between Antitrust Law, Patent Quality

By Liza Porteus Viana for Intellectual Property Watch
WASHINGTON, DC - A careful balance must be struck between ensuring the quality of the United States patent system - and the patents themselves - and antitrust law to ensure that new technologies and services can be brought to market, particularly in the pharmaceutical industry, experts said in Washington Monday.

"Imbalance can result in less competition, less innovation," Deborah Garza, deputy assistant attorney general for the Department of Justice's antitrust division, said during a meeting of the Intellectual Property Owners Association.

USPTO Patent Reexamination Process Is Flawed, Think Tank Says

By Dugie Standeford for Intellectual Property Watch
A United States Patent and Trademark Office procedure for third-party patent challenges is in turmoil and needs rethinking, an investigation by an independent think tank has found. Though few in number so far, inter partes reexaminations are increasingly used in conjunction with, rather than as an intended replacement for, patent infringement litigation. On top of that, the USPTO is taking years to resolve the cases, leaving business plans in disarray.

The USPTO said it is working to cut delays in the system.