John Sullivan, GC of the Commerce Department, has written a letter to support [UPDATED] Patent Reform [but not H.R. 1908]. The Commerce Department suggests reforms that would require applicants to submit higher-quality patent applications. In reality, this can be translated as adding the submission requirements of accelerated examination to every case. That approach is likely quite costly for applicants. However, it is undeniable that patent quality is a two-way street. Low quality patent applications regularly lead to low quality patents. A head-in-the-sand approach will not work here. The patent community should come-together with a set of best-practices for patent application drafting that can be implemented as rules. These practices should include definitions for claim terms; a more helpful discussion of prior art; a date of invention. Done correctly, a few simple changes in the patent document could eliminate many of the current validity and claim construction issues that are so alive today. To be practicable for prosecuting attorneys, these reforms should be coupled with reform of the 'rules' of inequitable conduct, which are currently in a state of disarray. [Commerce Dept Letter]. - The Commerce Dep’t letter opposed a number of particulars of currently proposed legislation, including first-to-file.
- The House IP subcommittee has approved the language of H.R. 1908. It now goes to the full judiciary committee for a vote.
- PTO Solicitor John Whealan has been seconded to the US Senate to iron-out the patent reform details. Stephen Walsh, a career PTO official, will reportedly Whealan's shoes as Solicitor. Congratulations to both men!
- A large number of biotech companies have also provided their statement regarding reform. The group opposes "apportionment of monetary damages for patent infringement, expansive PTO rule making authority, an open-ended post grant opposition system, and a narrow grace period." [Coalition letter]
Other TidBits:
- Patently-O has taken-on its first advertising contract -- Patent Supply Co. (See the left toolbar).
- Etherton Law Group in Phoenix needs you (so long as you are a quick-witted patent attorney with a couple-years experience). [LINK]
- At BIO2007, biotech business executives were asked to rate on a scale of 1-10, the most helpful actions that that the federal gov't could take.
- Price controls: 71% rated 8-10;
- International harmonization of patent laws: 59% rated 8-10;
- Increase funding for biomedical research: 59% rated 8-10;
- Increase funding for biofeuls: 41% rated 8-10. (Survey by Peter D. Hart Research Associates).
