Sunday, March 04, 2007

Does the patent interference bar oppose "first to file"?

On October 9, 2005, IPBiz had a post -- Cleere on patent reform (HR 2795)-- which showed that key members of the patent interference bar favored first to file.

Gerald J. Mossinghoff suggested that interferences did not help small inventors.
Pat Choate discussed the Mossinghoff study in testimony before Congress on April 27, 2006. William L. LaFuze also discussed the work on April 20, 2005, and gave a citation to Gerald J. Mossinghoff, 88 [sic: 84] JPTOS 425 (2002) [This 2002 study is cited on page 126 of the NAS report.]. LaFuze also cited Lemley and Chien, 54 Hastings Law Journal 1299 (2003). LaFuze further cited work by Charles ["Chico"] L. Gholz, which was hostile to the interference mechanism and which appeared in 82 JPTOS 894 (2000).

A resolution by the American Bar Association of February 14, 2005 favored first-to-file and curiously had the same error in the Mossinghoff citation as did the LaFuze testimony [i.e., to volume 88 of JPTOS being in the year 2002. A paper by Akihiko Kawaura gives the correct citation.]

A speech by Karl Jorda includes a reference to a 1982 proposal by Mossinghoff.


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