Patently-O Tidbits

• Patent Sharks: The recording industry has focused its message — individuals who download share songs without paying will be sued. [$200k verdict against single mother]  In the 19^th century, ‘patent sharks’ went after individuals in the same way — leading to major patent reforms. [Link] [Kirkman Blog]
• PTO Morass: GAO Report on the PTO: “Hiring Efforts Are Not Sufficient to Reduce the Patent Application Backlog”. In response, the PTO will conduct its own study to “review assumptions the agency uses to establish production goals for patent examiners.” [Link] The Department of Commerce also notes that the new rule changes should help fix the employment mess. (p.36 of the report).
• Obviousness: Milton & Anderson suggest a new obviousness acronym — the common sense selection (CSS) test. “[M]ere selection of elements from various prior art references and combining them together with no change in their respective functions is a matter of common sense to one skilled in the art, and, therefore, obvious and not patentable. On the other hand, a combination that includes something new or produces a new function or an unpredictable result remains potentially patentable.” [LINK]
• Patent Reform:
• Political Economist & Harvard Professor Mike Scherer has an excellent new paper on the Political Economy of Patent Reform in the US. [TIIP]
• One report I’ve seen announces that the Senate has 41 anti-reform votes — enough to block consideration of the reform measures. A reformed reform bill may still have a chance.
• Kathi Lutton (Fish & Richardson’s Chief Litigator) & Kelly Hunsaker continue to develop their Patent Reform Updates.