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Page 1 of 61 Sector - IP politics

Another hit to the USPTO

This is clearly not a great time for the USPTO. Earlier this week we reported on a Washington Post article that detailed evidence of an alleged cover-up of patent examiner abuse of home-working practices at the patent office. Now new research from the University of Illinois College of Law and Northwestern University has shown that as USPTO examiners become more senior, they have less time to review patent applications and tend to approve those of more questionable merit due to time ...

Posted by Richard Lloyd, Intellectual Asset Management on 15 August 2014 @ 4:00PM
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From the US, progress towards creating Europe’s new unified patent system is looking good

In June and July this blog ran a series of pieces written by Alan Johnson, a partner at UK law firm Bristows, looking at issues surrounding the creation of the Unified Patent Court (UPC) in Europe, as well as at some of the strategic decisions that those who file patents in Europe need to be thinking about now as they prepare for the new system to come into being – as it undoubtedly will. Earlier this week I got an email from John Pegram, a senior principal with Fish & ...

Posted by Joff Wild, IAM Magazine on 14 August 2014 @ 10:58AM
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A sorry tale at the USPTO which exposes the Obama Administration's failure of leadership in IP

Among the most depressing things about reading yesterday’s Washington Post story on an alleged cover-up of USPTO examiner abuse of home-working is knowing that it will give so many parties an excuse not to play their part in improving the US patent system, while providing more ammunition for others to knock it. For those who have not read it the gist of the story is that according to an internal investigation, set-up after complaints had been received from whistle-blowers, an ...

Posted by Joff Wild, IAM Magazine on 11 August 2014 @ 4:48PM
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Patent quality is essential to combat trolls; politicians and big companies hold the keys to success

On 7th August five US Senators wrote to Penny Pritzker, the Secretary of Commerce, to emphasise the importance of the USPTO granting high- quality patents. In their letter, senators Mark Warner (D-VA), Jeff Merkley (D-OR), Mark Begich (D-AK), Martin Heinrich (D-NM), and Tom Udall (D-NM) stressed that this issue above all others would help minimise the risks posed by what they described as “abusive patent trolling”. The five applauded efforts by the agency to improve the ...

Posted by Joff Wild, IAM Magazine on 10 August 2014 @ 5:17PM
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Leading companies, NPEs and intermediaries discuss creation of IP marketplace standards

LES USA and Canada has taken the first steps towards creating what could become a series of best practice standards relating to the IP marketplace. At a day-long workshop meeting held in Chicago on Tuesday a group of 40 senior representatives from major operating companies, non-practising entities and intermediaries discussed possible plans to codify recognised good behaviours and processes in IP monetisation negotiations and transactions, and to share their thoughts on how LES should ...

Posted by Joff Wild, IAM Magazine on 31 July 2014 @ 7:07PM
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It is tougher to get a US patent than some would have you believe; especially for SMEs

Inc. magazine reported this weekend on the findings of an academic study which suggest that large corporations are more likely than SMEs to be granted patents by the US Patent and Trademark Office (USPTO). 'What is the probability of receiving a US patent?' – originally released back in January and due to be published in the Yale Journal of Law and Technology later this year – is authored by Michael Carley and Alan Marco of the USPTO and Deepak Hegde of New York ...

Posted by Jack Ellis, IAM Magazine on 29 July 2014 @ 10:54AM
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For NPEs that know what they are doing the current patent environment is far from hostile

Acacia’s share price is heading north so far today after the NPE revealed its second quarter results yesterday and talked through them during a conference call with analysts. They showed the firm enjoying one of its best ever quarterly performances; one that, said CEO Matt Vella “bears testament to the high return on investment potential, time- and risk-adjusted, of Marquee portfolios”, before adding that there is more to come. You can read the full transcript of the ...

Posted by Joff Wild, IAM Magazine on 25 July 2014 @ 5:28PM
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The new UPC regime is not yet in place, but all patent-related deals in the EU must factor it in

Because they remain unclear the transitional provisions relating to the forthcoming EU unitary patent and Unified Patent Court (UPC) are fraught with potential dangers. However, the practical exercise of the opt-out that the provisions envisage is in theory extremely simple: if you do not want your existing patents to be litigated under the UPC, you can register that fact and they will continue to be subject to the jurisdiction of national courts. In the real world, of course, ...

Posted by Joff Wild, IAM Magazine on 24 July 2014 @ 12:05PM
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China needs more patent agents, but as always quality is the big challenge

The number of individuals sitting China’s patent agent examination has increased by 26.4% in the last year, according to recently released statistics from the country’s State IP Office (SIPO). In 2014, 29,364 hopefuls will take the exam, the highest number since the qualification system was established. The SIPO statistics further state that 16,817 – 57.3% of the total – are first time applicants, as opposed to those taking re-sits. That amounts to a 28% rise ...

Posted by Jack Ellis, IAM Magazine on 22 July 2014 @ 11:21AM
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If US patent reformers are successful they will create a regime that only benefits the big boys

Over on the IP Watchdog blog Gene Quinn has published a fascinating interview with Ray Niro, one of the US’s leading patent litigators and the senior partner of a firm that has won a particularly strong reputation for winning big awards for its clients – many of which are non-practising entities. Because of the types of client that Niro represents a lot of people do not like him or his firm. Do an internet search for either and the term “troll” pops up with ...

Posted by Joff Wild, IAM Magazine on 20 July 2014 @ 11:23AM
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