by Dennis Crouch
I simply gave a brief (45 min) discuss in regards to the previous 12 months in patent legislation. See the slides right here: Patent 12 months in Evaluate. Key factors:
- Director Evaluate and Ex Parte Lobbying: Exercising the constitutional proper to petition the federal government by way of shadow request for director evaluate.
- Full Scope Enablement and Written Description: Elevated focus by each the USPTO and the Federal Circuit. Pending SCOTUS instances of Amgen v. Sanofi and Juno v. Kite.
- Patents as Commodity: Many of us are treating it as such.
- Broad IPR Estoppel: CalTech v. Broadcom/Apple. Pending earlier than the Supreme Courtroom.
- Who’s the Inventor: AI and Company because the inventor. Thaler v. Vidal cert petition doubtless in January 2023.
- Eligibility: Tropp and Interactive Wearables usually are not nice automobiles for Supreme Courtroom evaluate. Hopefully IBM petitions its case from IBM v. Zillow.
- Patent Venue: Tons nonetheless occurring in W.D.Tex. IMO, events arguing inconvenient venue don’t actually care about comfort. Their fundamental concern is that they need to escape from Decide Albright’s courtroom and lift prices on the patentee.