By Jason Rantanen
Two weeks ago, I posted a link to a short essay, written by Lee Petherbridge and myself, about the potential impact of Therasense on the patent system. We have since received an overwhelming number of thoughtful and clearly informed comments, for which we are extremely grateful. Attached is a link to an updated draft that incorporates many of the points raised by the comments.
The most compelling point raised by the comments was a need for a specific section analyzing the impact of Therasense on patent practitioners. In this updated draft, we provide that specific section.
It begins on page 20, and includes among other things an analysis of the impact of Therasense on the concern about IDS overdisclosure that featured so prominently in the opinion and in the comments we received. The latest version can be downloaded here: Therasense - First Impression.
As with the prior version, we welcome any comments, either positive or negative.