by Dennis Crouch
I simply gave a brief (45 min) discuss concerning the previous yr in patent legislation. See the slides right here: Patent 12 months in Assessment. Key factors:
- Director Assessment and Ex Parte Lobbying: Exercising the constitutional proper to petition the federal government by way of shadow request for director evaluation.
- 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 Court docket.
- Who’s the Inventor: AI and Company because the inventor. Thaler v. Vidal cert petition seemingly in January 2023.
- Eligibility: Tropp and Interactive Wearables will not be nice autos for Supreme Court docket evaluation. Hopefully IBM petitions its case from IBM v. Zillow.
- Patent Venue: Heaps 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 Choose Albright’s courtroom and lift prices on the patentee.