Intellectual Property Owners [1] (IPO) has made a call to arms agains the patent reform legislation in the Senate (S.1145 [2]), which may be considered for a vote within the next few weeks. IPO is all-out against the dreaded Applicant Quality Submissions (AQS).
Section 11 on AQS would require nearly all patent applicants to (1) search the prior art and (2) submit a search report and analysis to the USPTO with their applications.
As it appears in S.1145, if enacted, AQS would:
- impose substantial new costs on applicants without meaningful benefits to the USPTO;
- create additional opportunities for inequitable conduct claims to be raised at trial;
- open up opportunities for litigation claims related to the adequacy of the mandatory search; and
- subject applicants to different standards by exempting micro-entities from the requirement.
The provision adds additional burdens on applicants, increases the cost and complexity of prosecution and litigation and fails to provide meaningful assistance to help the PTO do a better job of examining patent applications. It will deter filing of applications and weaken incentives to invent.
You may find additional information along with instructions on how to contact your Senators on the IPO website at: www.ipo.org/AQSCampaign [3]. The IPO Staff is available to answer any question you may have on this or other parts of the bill. Call (202) 466-2396 or email Dana Colarulli at: dana@ipo.org [4].
Make your voice heard.