Reference: United States Patent and Trademark Office at Wikipedia
LAST week the US government dealt with a serious issue we had been writing about for a number of months. CCIA, as it turns out, submitted a letter to the House Judiciary Subcommittee On IP [sic] and yesterday wrote this post:
Yesterday, we submitted a letter for the record to the House Judiciary Committee Subcommittee On Courts, Intellectual Property and the Internet. This letter, written in response to testimony submitted for the Subcommittee’s hearing on Sovereign Immunity and IP, provides the details of our analysis of the patents which Josh Malone and Phil Johnson identified as showing a disagreement on validity between the PTAB and federal courts. In contrast to their allegation of 200 patents, the real figure is far lower. Of the 3,056 patents reviewed by the PTAB which were also at issue in litigation in federal district courts, there are 43 cases (just over 1%) in which the PTAB and a district court have disagreed with one another.
[...]
Conclusion
The data, when correctly understood, shows that the PTAB only rarely disagrees with the federal courts when both review the validity of the same patent. The data also shows that the two venues only rarely review the validity of the same patent. We believe the Subcommittee’s work will benefit from this understanding of the extreme infrequency with which the PTAB and a district court reach different conclusions.
Members of a US congressional subcommittee on intellectual property held a hearing last week that appeared aimed at finding ways to stop companies from “renting” the sovereignty of Native American tribes in order to avoid a process that can lead to the invalidation of patents. Elected officials called a deal between Allergan pharmaceutical company and a northeastern tribe a “sham” and a “mockery”, and signalled the start of the legislative procedure to prevent such deals.
The United States Patent and Trademark Office (USPTO) today issued changes to some patent fees, including increases in certain areas, including the cost of using the inter partes review process. Following feedback from users, the office went with some proposed increases, while keeping others at existing levels despite proposals to increase them, it said.
USPTO Finalizes Revised Patent Fee ScheduleWASHINGTON – The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today issued a final rule, “Setting and Adjusting Patent Fees during Fiscal Year 2017” to set or adjust certain patent fees, as authorized by the Leahy-Smith America Invents Act (AIA). The revised fee schedule is projected to recover the aggregate estimated cost of the USPTO’s patent operations, Patent Trial and Appeal Board (PTAB) operations, and administrative services. The additional fee collections will support the USPTO’s progress toward its strategic goals like pendency and backlog reduction, patent quality enhancements, technology modernization, staffing optimization, and financial sustainability.
In response to feedback from patent stakeholders, the USPTO altered several of the fee proposals presented in the Notice of Proposed Rule Making (NPRM). The key differences between the NPRM and the final rule are:
- In response to stakeholder concerns, the USPTO reduced both plant and design issue fees from the levels proposed in the NPRM. Still, the large entity plant issue fee increases to $800 (+$40) and the large entity design issue fee increases to $700 (+$140). Plant and design patents do not pay maintenance fees, and the majority of plant and design applicants are eligible for small and micro entity fee reductions, which remain available.
- Stakeholder feedback suggested that increased appeal fees could discourage patent holders’ access to increasingly important USPTO appeal services. In response, the USPTO elected to maintain the existing Notice of Appeal fee at $800 instead of increasing it to $1,000 as proposed in the NPRM. Likewise, the fee for Forwarding an Appeal to the Board increases to $2,240 (+$240) instead of $2,500 as proposed in the NPRM. The revised fees still do not fully recover costs, but taken together should allow continued progress on reducing the backlog of ex parte appeals. Since the 2013 patent fee rulemaking, ex parte appeal fees have enabled the PTAB to hire more judges and greatly reduce the appeals backlog, from nearly 27,000 in 2012 to just over 13,000 at the end of FY 2017. Additional appeals fee revenue will support further backlog and pendency reductions.
- Increases to the PTAB AIA trial fees are aimed at better aligning these fees with the USPTO’s costs and aiding the PTAB to continue to meet required AIA deadlines. The Office’s costs for Inter Partes Review requests are consistently outpacing the fees collected for this service. These fee adjustments seek to more closely align fees and costs. Trial fees and associated costs still remain significantly less than court proceedings for most stakeholders.
- Inter Partes Review Request Fee – up to 20 Claims increases to $15,500 (+$6,500)
- Inter Partes Review Post-Institution Fee – Up to 15 Claims increases to $15,000 (+$1,000)
Other fee changes proposed in the NPRM remain the same.
For the full list of the patent fees that are changing and more information on fee setting and adjusting at the USPTO, please visit http://www.uspto.gov/about-us/performance-and-planning/fee-setting-and-adjusting.
PTAB is important and the cost of petition matters, especially to small companies which are being targeted by trolls and have limited budget. PTAB defends them from patent trolls and software patents without having to go through courts and appeals, which can add up to hundreds of thousands if not over a million dollars in fees (no matter the outcome).
IAM says that according to Google's Suzanne Michel, "from [a] tech perspective IPRs have been very effective at reducing a lot of litigation" (direct quote from IAM but not Suzanne Michel). She is right.
United for Patent Reformââ¬Â also quotes a report/opinion piece (HTIA’s John Thorne) which we mentioned a week ago: “PTAB and IPR have provided a relatively inexpensive & rapid way for @uspto to take a second & impartial look at the work of examiners & strike down patents that should have never issued in the first place...”
Hence our stubborn defense of PTAB.
Yesterday, IAM noted or highlighted yet another case of PTAB being used to thwart dubious patents, even if the petitioner is a large company (PTAB bashers like to obsess over such points).
The world’s largest oil and gas company Saudi Aramco has filed an inter partes review (IPR) against a Korean petrochemical business in what is a highly unusual move by one of the energy majors.
The Saudi national oil giant, which produces 12.5 million barrels per day, has brought the IPR against SK Innovation, which started life as the Korea Oil Company before morphing into a broad-based energy and chemicals business. The patent in question, number 9,023,979, relates to a method of preparing epoxide/CO2 polycarbonates and was issued in 2015.
It’s not clear what has prompted the review - there is no ongoing patent litigation between the two companies, which might mean that it is related to licensing negotiations that have broken down and Saudi Aramco has brought the IPR in order to gain some leverage in the talks.
[...]
Halliburton is among the most active of these, with 36 IPRs including 32 this year, mostly against its rival Schlumberger. Baker Hughes meanwhile has been involved in 27 IPRs either as petitioner or patent owner.
This should not be mistaken for the Supreme Court case regarding Oil States, but it certainly seems similar in certain aspects. ⬆
Recent Techrights' Posts
- IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
- We all know what "reorg" means in the C-suite
- Free Software Foundation Subpoenaed by Serial GPL Infringers
- These attacks on software freedom are subsidised by serial GPL infringers
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Wednesday, May 01, 2024
- IRC logs for Wednesday, May 01, 2024
- Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
- First comment? A Microsoft employee
- Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
- Links for the day
- Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
- reminder of the dangers of Microsoft moles inside Debian
- PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
- Reprinted with permission from disguised.work
- IBM Raleigh Layoffs (Home of Red Hat)
- The former CEO left the company exactly a month ago
- Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
- Reprinted with permission from disguised.work
- Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
- Links for the day
- Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
- Links for the day
- Links 01/05/2024: Calendaring, Spring Idleness, and Ads
- Links for the day
- Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
- Reprinted with permission from disguised.work
- Jacob Appelbaum character assassination was pushed from the White House
- Reprinted with permission from disguised.work
- Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
- If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
- Red Hat's Official Web Site is Promoting Microsoft
- we're seeing similar things at Canonical's Ubuntu.com
- Enrico Zini & Debian: falsified harassment claims
- Reprinted with permission from disguised.work
- European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
- I became aware that Daniel Pocock had decided to enter politics
- Publicly Posting in Social Control Media About Oneself Makes It Public Information
- sheer hypocrisy on privacy is evident in the Debian mailing lists
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Tuesday, April 30, 2024
- IRC logs for Tuesday, April 30, 2024
- [Meme] Sometimes Torvalds and RMS Agree on Things
- hype around chatbots
- [Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
- Linus Torvalds on LLMs
- Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
- Reprinted with permission from disguised.work
- Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
- Links for the day
- Frans Pop suicide and Ubuntu grievances
- Reprinted with permission from disguised.work
- Links 30/04/2024: More Google Layoffs (Wide-Ranging)
- Links for the day
- Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
- "IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
- Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
- I was always "on-call" and my main role or function was being "on-call" in case of incidents
- Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
- Who runs Canonical these days? Why does Canonical help sell Windows?
- A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
- In Debian, there is a long history of deaths, suicides, and mysterious disappearances
- Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
- Federal News Network used to be OK some years ago
- What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
- Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
- Amnesty International & Debian Day suicides comparison
- Reprinted with permission from disguised.work
- [Meme] A Way to Get No Real Work Done
- Walter White looking at phone: Your changes could not be saved to device
- Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
- People are forgetting the value of nature and other human beings
- Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
- The United States (US) was 17 when these rankings started in 2002
- Record Productivity and Preserving People's Past on the Net
- We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Monday, April 29, 2024
- IRC logs for Monday, April 29, 2024
- Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
- Links for the day
- Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
- Reprinted with permission from disguised.work
- Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
- Reprinted with permission from Daniel Pocock
- [Meme] Russian Reversal
- Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
- Frans Pop & Debian suicide denial
- Reprinted with permission from disguised.work
- Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
- Today we start re-publishing articles that contain unaltered E-mails