Tag Archives: patents

Comparing the Innovation Act and the STRONG Patents Act: competing proposals for patent reform

2015 could 37444451_sbe a pivotal year for U.S. patent reform, with two significant — and very distinct — patent reform bills pending before Congress.  This article compares the two bills, the Innovation Act and the STRONG Patents Act, the forces behind the bills, and the next steps in the U.S. patent reform debate.

Introduced in February 2015 by Rep. Bob Goodlatte as a measure to “curb abusive patent litigation,” the Innovation Act picks up where the America Invents Act of 2011 (AIA) left off by proposing additional reforms to patent litigation procedures. The Innovation Act would also streamline some of the AIA’s mechanisms for challenging patents.

In March 2015, Senator Christopher Coons and others introduced the STRONG Patents Act as a way to “reduce abuse while sustaining American leadership in innovation,” The STRONG Patents Act includes some reforms that are similar to those of the Innovation Act, along with several other sections that are designed to protect the positions of patent holders.

Significant provisions of each bill include: Continue reading

USPTO Seeking to Improve Quality of Patents

In one of his final posts on the USPTO Director’s Forum Blog, departing director David Kappos presented some eye-opening statistics about patent quality.   The post discussed a study of over 22,000 patent applications in the past five years that assessed whether Examiner interviews help improve the quality of the resulting patent.  The conclusion:  a resounding yes.  According to the post:  “The data shows that interviews help decrease both improper allowances and improper rejections by approximately 40 percent compared to applications without interviews prior to the final disposition.”

This post followed a flurry of recent USPTO activity directed to improving patent quality.

For example, the post coincided with the publication of a Federal Register notice in which the USPTO sought comments on a proposal for new patent application drafting practices that would help improve patent quality.  The proposal considers Continue reading