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On September 16, 2011, President Obama signed the American Invents Act (AIA) into law. The first major overhaul of the U.S. patent system since the 1952 Patents Act, the AIA received overwhelming bipartisan support in both chambers when enacted. But, with the recent ten-year anniversary of the AIA, a new director poised to take the helm at the USPTO, and Congress ramping up debate on reforms to the AIA, is now the time for a reexamination? Our speakers will consider the role of the PTAB in resolving patent disputes and the legality of the exercise of significant discretionary authority by the USPTO Director to implement policy outside the authority granted the director under the AIA.
Featuring:
— Joseph Matal, partner in the Intellectual Property Practice Group in the Washington, D.C. office of Haynes and Boone, LLP
— Paul Brian Taylor, who served over 20 years as Counsel and Chief Counsel for the House Judiciary Committee’s Subcommittee on the Constitution and Civil Justice. He also served as Senior Counsel at the House Committee on Oversight.
— Moderator: Hon. Bob Goodlatte, Former Congressman, United States House of Representatives
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Very disappointing discussion.
* Panelists are Congress critters, not practitioners, especially not patent prosecutors
* In at least the 1st half of the podcast, Complaints are mostly about Non Practicing Entities and bad patents – of which no examples are given, and no discussion of what percentage of issued patents constitute overbroad, vague, or otherwise bad patents
* Hardly any mention of the PTAB in the 1st ~30 minutes, no mention at all of its 85% kill rate
* Introductory comments mentioned Bilski, which pre-dated the AIA by over ten years, and claimed that multiple bills are being drafted and debated in Congress (I’m skeptical)
* Former Senator/Presidential candidate John Edwards – who made zillions pre-political career litigating bogus-but-sympathetic medical malpractice claims, discussed at length:
1. In response to opening Q, “what is conservative position re patents?” (John Edwards is/was no conservative, I’m not sure I understand the point being made) and
2. As analogy to litigation tactics by well funded litigants to generate revenue from bad patents.
The second half included one panelist’s endorsement of Alice v. CLS Bank and its progeny, which have so screwed up the question of patent eligibility that virtually no independent or small business inventor can afford to apply for a patent.
If FedSoc wants to do this topic right, get Rob Sterne of Sterne & Kessler to weigh in. Get someone with patent protection experience.
The United States patent system is a disaster, and the AIA is a primary cause.
Twenty five years ago, the United States patent system was the undisputed King of the world among patent systems.