Judge Michel on patent reform
Intellectual Property Watch presents the views of former CAFC Chief Judge Paul Michel on patent reform.
Two points from the broad-ranging discussion:
As to fee diversion: Adequately funding the PTO is, by far, the most important feature of patent reform.
As to post-grant review (aka opposition), referenced to the Senate bill (S.24): Section 6, as to portions creating a third, unnecessary procedure called Post Grant Review to challenge patents in the PTO, requiring court-like trials on all validity defenses.
Two points from the broad-ranging discussion:
As to fee diversion: Adequately funding the PTO is, by far, the most important feature of patent reform.
As to post-grant review (aka opposition), referenced to the Senate bill (S.24): Section 6, as to portions creating a third, unnecessary procedure called Post Grant Review to challenge patents in the PTO, requiring court-like trials on all validity defenses.
posted by Lawrence B. Ebert at 3:40 AM
1 Comments:
The news of a delay (due to the debt ceiling crisis) should come as a relief to opponents of patent reform. It may be an unrealistic scenario, but considering the circumstances, perhaps Congress will decide that, in the interest of just getting some kind of patent reform passed, it will enact a bill that consists solely of provisions ending fee diversion and granting the USPTO fee-setting authority, and will completely drop all of the controversial provisions (preferably those in the House version). Unrealistic, yes; but we can hope.
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