Comments on: Bush Administration To Patent Office: Hey, Hold Up There Mister On That There Reasonable Royalty Rate

By: Law Bites » IP Think Tank Global Week in Review - 8 February 2008

Law Bites » IP Think Tank Global Week in Review - 8 February 2008 — Sat, 23 Feb 2008 13:47:25 +0000

[...] Administration on Senate Patent Reform Bill: (IP Updates), (Patent Baristas), (more from Patent Baristas), (PLI), (IAM), (IP Law360), [...]

By: EG

EG — Tue, 05 Feb 2008 13:26:11 +0000

The damage apportionment provision which the Bush Administration opposes in S. 1145, while bothersome, won’t cause disaster to the U.S. patent system like the other provisions in S. 1145. These include the applicant quality submissions (the new Documents of Doom), granting the Director of the USPTO unbridled authority on fees (a nauseating thought given what we’re going through with the current PTO Rules mess), open-ended post-grant oppositions (an invitation for the Goliaths of industry to grind the Davids of innovation into the sod), and the improved (but not far enough) effort to reign in the “inequitable conduct” doctrine that is rightly called a “plague” on the patent system. If one or more of these loathsome provisions remain in S. 1145, it won’t matter that the damage apportionment provision is jettisoned. Again, better that this whole legislative mess sink with no survivors.

By: Authority » Bush Administration To Patent Office: Hey, Hold Up There Mister On That There Reasonable Royalty Rate

Tue, 05 Feb 2008 04:34:47 +0000

[...] Patent Baristas wrote an interesting post today on Bush Administration To Patent Office: Hey, Hold Up There Mister On That There Reasonable Royalty RateHere’s a quick excerpt The Department of Commerce sent a letter to Sen. Patrick J. Leahy Chairman, Committee on the Judiciary, on the views of the current Administration on S. 1145, the Patent Reform Act of 2007. The letter basically outlines the Administration’s big beef with the bill, that is, with Section 4, Right of the Inventor to Obtain Damages, in response to the committee’s report. Section. 4 concerns the right of an inventor to obtain damages for infringement, including a reasonable royalty. The remedies fo [...]