Patent Backlog Spurs Demand for Examiners
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Got a degree in engineering, chemistry or physics and looking for work? The U.S. Patent and Trademark Office is hiring.
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Proposal would set up peer review of patents via wiki before they are submitted to government examiners.
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The tech behemoth targets more spammers for lawsuits.
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(InfoWorld) - The U.S. Supreme Court heard arguments Tuesday in a case that could make it harder to obtain patents, with technology giants Microsoft Corp. and Cisco Systems Inc. supporting a change. The case, involving a patent on gas pedals for vehicles, has the Supreme Court examining how lower courts arrive at a decision that an invention was obvious, and therefore not patentable. In the case, Teleflex Inc. and Technology Holding Co., holders of the electronic gas pedal patent, sued KSR International Co. for patent infringement, but the defendant argued the courts should invalidate the gas pedal invention for obviousness. After oral arguments Tuesday, some patent lawyers said they expected the Supreme Court to overturn a 4-decade-old approach to deciding obviousness often called the teaching-suggestion-motivation test. The U.S. Court of Appeals for the Federal Circuit has used this test, saying that there must be some proven teaching, suggestion or motivation to lead a person of ordinary skill to combine "prior art" products into a new invention for that invention to be declared obvious. Other patent lawyers said they expect little movement from the Supreme Court, although any change would have a huge impact on patent holders. If the Supreme Court throws out the motivation test, all current patents could be suspect, said Paul Andre, an intellectual property lawyer with Perkins Coie LLP, in an interview. A change in the motivation test could mean fewer patent infringement cases brought by patent holders, because they would fear that courts would rule their patents invalid, he said. "The alleged infringer would have an easier time challenging a patent," he added. But most patent lawyers seem to believe the Supreme Court won't change the law, with the court last acting on the obvious standard in a 1966 ruling, he said. "If the Supreme Court wanted to do it, they'd have changed it by now," he said. But justices asked several questions about the obviousness standard, with Chief Justice John Roberts suggesting courts needed more flexibility to determine obviousness. The court will likely require the Federal Circuit to come up with a new standard, said Sharon Barner, an intellectual property lawyer with Foley and Lardner LLP, in an interview apart from the court hearing. Cisco and Microsoft, joined by three other companies, filed a brief in the case saying the motivation standard makes it too hard to prove obviousness, leading to bad patents. Microsoft and Cisco have been sued for "allegedly infringing dozens of questionable patents," wrote their attorney Peter Sullivan, of Hughes, Hubbard and Reed LLP. The motivation test "establishes too lenient a standard for patentability, and it has had a stifling effect on true innovation because it encumbers ideas well beyond the limits imposed by Congress for patentable inventions," Sullivan wrote in his brief to the Supreme Court. But a group of patent lawyers filed a brief opposing a change in the law, saying a change in the obviousness standard could make it difficult to get a patent on any invention that combines old products. The current standard is established and well-thought, wrote lawyers for the American Intellectual Property Law Association. Without the motivation test, there's no standard to determine obviousness, said Ronald Riley, president of the Professional Inventors Alliance, in an interview. "Things are often obvious in hindsight when they weren't that obvious," he said. "Big un-innovative ... are trying to make the invention game a king's sport because they hate having to compensate inventors."
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While the US Congress continues debate on new patent reform legislation that would likely limit the amount that aggrieved parties could receive in infringement suits, the Supreme Court has agreed with a Justice Dept. request to hear a critical case. Its outcome, one way or the other, may not only impact technology patent law but also how manufacturers mix Intel and AMD parts, and also how - believe it or not - how digital music stores sell MP3 tracks.
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Sectors of the Internet world are still buzzing over the release of a Microsoft patent application that appears to claim rights to the underlying method proposed by companies to better determine
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In the wake of a recent landmark Supreme Court ruling, patent reform is bubbling toward a boil on Capitol Hill, where advocates in both parties and both chambers are urging timely action on pending legislation and contending with well-financed interest groups on both sides of the issue.
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Company is prolific filer of patent applications, including those for exotic technologies such as a washable keyboard and software that responds to your emotions.
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By Anthony Spangler, Fort Worth Star-Telegram, Texas  Sep. 5--A backlog in evidence-testing is creating delays throughout the criminal justice system, leaving prosecutors and local law enforcement authorities struggling to bring some cases to trial.
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In Europe, industry leaders, government officials and others debate whether patents would hinder or cultivate innovation.
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Some tech groups are beginning to worry that major IT industry priorities, including patent reform, may lose out to other priorities in the U.S. Congress this year.
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Trying to authenticate documents or uncover forgeries is an increasingly technical pursuit.
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The software maker has filed a claim over its per-employee pricing plan, highlighting the tech industry's increasing focus on patents, News.com has learned.
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IP lawyers find support for IP laws Businesses and academics would oppose any watering down of the patent examination process, a new report has found.â¦
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Blog: Measure calls for the most sweeping changes to U.S. patent system in decades, but its path forward could be jeopardized by lingering reservations from other sectors, including venture capitalists and biotech.
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Sweeping changes to U.S. patent system have been approved by Senate and House committees. The high-tech industry is pleased, but others aren't.
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With a growing backlog of disability claims, you may be waiting awhile if you rely on the government to protect you.