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March 31, 2009

Pigs in a Poke

The phrase above refers to the clueless Congress passing patent laws without any sense of ramifications. Gene Quinn reports ringleaders in the Senate Judiciary Committee making progress on major revisions to their proposed patent reform bill. The damages provision now appears headed toward codification of the Georgia-Pacific factors, a big step forward in terms of sensibility.

The backward leap is in lowering the reeexamination threshold to "an interesting question," as contrasted to its present "substantial new question of patentability." The vagueness is ludicrous. As litigations are sometimes stayed pending reexam, and the patent office is glacially slow about reexams, particularly inter partes, this new reexam criteria could be a death knell for patents, a practical abdication of the presumption of validity that patents presently enjoy by statute, resulting in a purgatory of unenforceability, guilty with no chance to prove innocence.

Posted by Patent Hawk at March 31, 2009 3:36 PM | The Patent System


Hey Hawkie,
This version of the law should be supported.
Quality documents have been taken out.
Damage apportionment has been taken out.
As for re-exam, it is not difficult getting re-exam today ANYHOW, and one could argue in court under the lower standard, that the defense is just stalling for time.
As bad as the law is, the CPF thieves are determined to ram SOMETHING down our throat - this is the best option that I have seen in 3 years. Then, hopefully they will shut up (they wont) with the crap about no changes to the patent system in 50 years.


PS Dont hold your breath and dont be surprised if CPF thieves try to sneak damages back in through the back door.

Posted by: anonymousAgent at April 1, 2009 4:16 AM

Just when you thought Congress has fallen to its lowest of insanity, it surprises you with a new level of rhetorical nonsense: "an interesting question." What in the world is that supposed to mean?

Posted by: EG at April 1, 2009 5:23 AM

Why is the patent office "glacially slow about reexam?" There really is no excuse for it.

Posted by: John Prosecutor at April 3, 2009 9:23 PM