--IP Watch on Professor Joseph Stiglitz
THE USPTO isn't perfect, but at least it's improving. We have repeatedly commended its Director for steering the Office in a positive direction which is widely supported by most of the industry, just not the patent microcosm (which is eager to oust her and undo all the progress).
"...the EPO's inability to operate in a capacity other than rubber-stamping has wide-ranging and long-ranging (beyond Europe) ramifications.""On the positive side," he added, "the ruling brings US patent law more in line with Europe’s patent law."
So what? That in itself is not necessarily a positive thing. Watch what the EPO has become and how flagrantly it disregards European patent law, including its founding document, the EPC. The dysfunctions of the EPO are in fact becoming a headache and a liability even well outside the continent of Europe. This new article, titled "Planning to Request Discovery for a European Patent Office Proceeding? Not So Fast, Rules the District of Massachusetts", says the following:
The Hon. F. Dennis Saylor, IV of the U.S. District Court for the District of Massachusetts recently denied a petitioner’s request under 28 USC €§ 1782 to take discovery related to patent inventorship in connection with an Opposition proceeding pending before the European Patent Office (EPO). The court, in exercising its discretion under the U.S. Supreme Court’s so-called Intel factors set forth in Intel Corp. v. Advanced Micro Devices, Inc., 542 US 241, 264 (2004), denied the petitioner’s request for discovery because the EPO generally does not allow the type of discovery requested by the petitioner in an Opposition proceeding, thus the petitioner’s requested discovery would have no place in an EPO Opposition.
The petitioner, George Schlich, is a European patent attorney who brought this action as an agent of Intellia Therapeutics, Inc., a genome editing company based in the United States. Schlich petitioned the district court to order discovery under 28 USC ۤ 1782 in connection with a proceeding before the European Patent Office related to an EPO-issued patent for an invention known as the CRISPR/Cas9 system, which provides scientists with an inexpensive and precise method of editing DNA for biological and medical research. The underlying dispute in the EPO is whether The Broad Institute, Inc., a biomedical and genomic research institute affiliated with MIT and Harvard, can rely on its U.S. provisional applications filing date for priority in its European patents.