“STRONGER Patents Act” Introduced; future uncertain

On June 22, 2017, in Wegner's Writings, by Hal Wegner

This week Senator Coons (D-Del.) and others jointly introduced the captioned legislation in the United States Senate (attached) which would weaken the current mechanisms to challenge patent validity that were introduced in the Leahy Smith America Invents Act of 2011. The fate of this legislation is uncertain. STRONGERPatents(2017)Coons Regards, Hal

Proposed Rulemaking to Mitigate the Impact of the Alice Case

On June 19, 2017, in Wegner's Writings, by Hal Wegner

Thanks to everyone who reviewed the draft of the paper,Rethinking Patent-Eligibility: Whither Alice.  As a result of further revisions, this paper has been incorporated as part of a proposed rulemaking, as per the attached letter to the Hon. Joseph Matal in his role as acting head of the Office. MatalLetterJune19 Regards, Hal

Patent-Eligibility for Software and Biotechnology: A Proposed Fix to Distinguish the Alice Case

On June 18, 2017, in Wegner's Writings, by Hal Wegner

Thanks to everyone who reviewed the draft of the paper,Rethinking Patent-Eligibility: Whither Alice (A Non-Statutory Fix to Overcome Alice).  An edited version of that paper is attached. It suggests a pathway to gaining patent-eligible protection for software and biotechnology innovations that have been stymied by the Aliceand other recent cases. PatentEligibilityREV2june19 Regards, Hal

Rethinking the Scope of § 101 Patent-Eligibility: A New Proposal (Non-Statutory)

On June 17, 2017, in Wegner's Writings, by Hal Wegner

Attached to the pdf version of this note is a draft of a paper,  Rethinking Patent-Eligibility: Whither Alice (A Non-Statutory Fix to Overcome Alice).  Overcoming Alice:  The paper proposes a non-statutory, case law reform of Section 101 in the wake of Alice Corp. Pty. Ltd. v. CLS Bank, to open the door once again to patenting innovations in the biotechnology and software […]

Oil States Supreme Court Challenge to “Post-Grant” Patent Challenges

On June 13, 2017, in Wegner's Writings, by Hal Wegner

As reported yesterday, in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712, the Supreme Court has grantedcertiorari on Question 1 involving the United States “post-grant” review system:  “Whether inter partes review *** violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury.” The American System since 1980:  Inter partes review […]

Oil States: Supreme Court Grant Challenge to Post Grant Patent Procedures

On June 12, 2017, in Wegner's Writings, by Hal Wegner

In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712, the Supreme Court on June 12, 2017, granted certiorarito answer “Question 1” it the petition: “Whether inter partes review – an adversarial process used by the Patent and Trademark Office (PTO) to analyze the validity of existing patents – violates the Constitution by extinguishing […]

Hon. Michelle Kwok Lee, Thank You!

On June 11, 2017, in Wegner's Writings, by Hal Wegner

As reported last week, faced with pressures from main Commerce (presumably an attempt to divert more user fee funding from her Agency to main Commerce as a conduit to the overall budget of the Trump Administration) the Hon. Michelle Kwok Lee resigned her position at the head of the Patent and Trademark Office. Thank you, former Under […]

Patent Crisis: Non-Statutory Appointment of Temporary PTO Leadership

On June 9, 2017, in Wegner's Writings, by Hal Wegner

The Matal Appointment:  The PTO announcement saying that Joseph Matal is now “Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office” is most astounding. Mr. Matal is a highly qualified, honorable leader within the U.S. Patent and Trademark Office who should be permanently […]

Matal-Signed Patents: Are they Proper Patent Grants?

On June 8, 2017, in Wegner's Writings, by Hal Wegner

As reported earlier today, the appointment of Joseph Matal to temporarily perform the functions and duties of the Director of the U.S. Patent and Trademark Office may be questioned as outside the scope of Department Organization Order DOO 10-14.04. Responsive to that previous report, a knowledgeable senior member of the patent profession is “wondering [ ] […]

Matal Appointment to Head PTO in Violation of DOO 10-14.04

On June 8, 2017, in Wegner's Writings, by Hal Wegner

The appointment of Joseph Matal to temporarily head the U.S. Patent and Trademark Office may be objectively brilliant as to the person chosen from a standpoint of his objective qualifications. Whither DOO 10-14.04:  Within the list of those who may be appointed to his new position, unfortunately Mr. Matal is not on the “menu” a/k/aDepartment Organization Order […]

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