Much Ado About Injunctions

It’s become an article of faith among those complaining that patent reform has gone too far that the 2006 eBay case must be overturned—but that assertion doesn't appear to be backed up by the facts.

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Granted In 19 Hours

Patent examiners have an extremely hard job.  They’re given a patent application—which could be anywhere from a page long up to hundreds of pages, with patent claims ranging from a…

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Latest Blog Post

Guest Post: The Quality and Attributes of Patents as Property

David Jones is the Executive Director of the High Tech Inventors Alliance, an association that advocates for balanced reforms in the Patent and Trademark Office, the courts, and Congress that address the root causes of these problems while advancing a patent system that promotes investment in new technologies and American jobs.

Over the past decade, Congress and the courts have made changes that have improved the patent system and encouraged American leadership in innovation. With our nation in a period of economic recovery, now is not the time to threaten that important progress.

Expansionists who claim that the U.S. needs more and stronger intellectual property are fond of arguing that patents convey constitutionally protected property that must receive treatment equal to that of tangible property. This has become a favorite talking point in their efforts to undo the positive changes made over the last decade by Congress and the Supreme Court. However, patents are not of the same quality and don’t have the same attributes as traditional property.

Recent posts

The ITC In 2020: Anything But Typical

With the American republic having just had its 245th birthday, let’s take a look at an agency that’s charged with regulating trade with foreign countries, encouraging American industries, and protecting American labor. I’ve previously criticized the International Trade Commission (ITC) for having gone from being a trade court protecting U.S. domestic industry to being a…

Arthrex Is Here—What Will It Mean?

Yesterday, the Supreme Court handed down its much-awaited decision—at least, much-awaited by people who care about patents and the Patent Trial and Appeal Board (PTAB)—in the consolidated U.S. v Arthrex, Arthrex v. Smith & Nephew, and Smith & Nephew v. Arthrex cases.  And while the multiple parties and multiple opinions might look complicated, it’s actually…

Moving The USPTO From Red To Black

IBM is famous for obtaining a lot of patents.  Year after year, they’re the top recipient of U.S. patents (or, once in a while, in second place when you account for related entities.) But they’re also infamous among patent practitioners for abandoning a lot of patents after they issue.  Like, a lot of patents.  IBM…