Image source: Stanford Law School
"A meaningless -- symbolic at best -- 'milestone' will be celebrated. 10 million patents!"Nobody in the media has been covering the spousal connections there; barely anyone bothered pointing out that the USPTO's new Director headed a firm that used to work for Donald Trump before Trump nominated/appointed him. Either way, the news sites will be full of pieces like this one in the coming days. A meaningless -- symbolic at best -- 'milestone' will be celebrated. 10 million patents! As one site put it (the first we have seen on this):
The US Patent and Trademark Office (USPTO) has issued its 10 millionth patent.
The patent, Coherent Ladar Using Intra-Pixel Quadrature Detection, was the first to receive a new patent cover design, which was unveiled back in March.
The first patent was signed 228 years ago by George Washington in 1790. It was issued to Samuel Hopkins and was for a process of making potash, an ingredient used in fertilizer.
Commenting on the historic occasion, Wilbur Ross, secretary of commerce, said: “Innovation has been the lifeblood of this country since its founding.”
The Examiner Answer can be a very important stage of the ex parte appeal process. It is at this stage that Examiners may want to make up for weak Office Action positions and set themselves up for getting affirmed at the Board. Understanding the incentives and tactical options, however, can give the patent practitioner the upper hand.
The Examiner Answer is technically optional (“The primary examiner may, within such time as may be directed by the Director, furnish a written answer to the appeal brief.” 37 CFR 41.39). Examiners usually prepare them because of the disposal credits that they receive. Outside of this most obvious incentive, Examiners also have an opportunity to present their case most favorably to the Board panel that will decide the case. Sometimes these analyses can improperly go out of bounds. Since an appellant only gets 60 days to respond to an Examiner Answer (no extensions), a timely assessment of the Examiner Answer is critical.
Patent reform is a hotly contested issue, occupying the attention of Congress, the Supreme Court, and many of the most innovative companies in the world. Most of that dispute centers on patent enforcement, and in particular on the role of non-practicing entities (NPEs) or “patent trolls” – companies that don’t themselves make products but sue those that do. To technology companies, NPEs are a drag on innovation, taxing them tens of billions of dollars every year while achieving no social purpose. To NPEs and their supporters, they are enabling the first inventor to get paid and creating a working market for the transfer of technology.
Which is it?
In this paper, we present the first full empirical of the effect of patent licensing demands on the economy. With the help of a National Science Foundation grant and experts in survey design, we sent our survey out to every US-based business with at least one employee and revenue of $1 million or more – over 45,000 companies. Our results provide important insights into the nature and limits of patent licensing demands and their role (or lack thereof) in driving innovation.